12-17COUNTY OF ELGIN
By-Law No. 12-17
"BEING A BY-LAW TO ADOPT AN OFFICAL PLAN"
WHEREAS pursuant to Section 17(22) ofthe Planning Act R.S.O. 1990, c.P.13 as
amended when the requirements of subsections (15) to (21), as appropriate, have been
met arid the County Council is satisfied that the plan as firia!]y prepared is suitable for
adoption, the councH may by by-law adopt the plan; and
WHEREAS Elgin County Council has followed an extensive public process and
considered a variety of opinions, suggestions and recommendations during the course of
the plan's development;
NOWTHEREFORE BE IT RESOLVED THAT the Municipal Council ofthe
Corporation of the County of Elgin enacts as foliows:
1. THAT the Official Plan of the County of Elgin consisting of the attached text and map
schedules is hereby adopted.
2. THAT the Chief Administrative Officer/Clerk is hereby authorized and directed to
make application to the Minister of Municipal Affairs and Housing, for approval of the
Official Plan of Elgin County.
3. THAT this by-law shall come into force and take effect on the day of the final passing
thereof.
READ A FIRST, SECOND AND THIRD TME AND FINALLY PASSED THIS 24TH DAY OF
JULY 2012.
.___
Chief Administrative Officer/Clerk
Bill Walters,
vvamnn.
Aylmer
Bayham
Central Elgin
Dutton/Dunwich
Malahide
Southwold
1
County of Elgin Official Plan
West Elgin
JULY 2012
July 20, 2012
TABLE OF CONTENTS
.................................................................................7
PART 1 Ã THE PREAMBLE
1. INTRODUCTION.........................................................................................7
2. ORGANIZATION OF THE PLAN................................................................7
3. LOCATION..................................................................................................7
4. PURPOSE OF THE PLAN..........................................................................7
5. BASIS..........................................................................................................8
6. GEOGRAPHIC CONTEXT..........................................................................9
7. THE STRUCTURE OF THE PLAN...........................................................10
..............................................12
PART 2 Ã COUNTY OF ELGIN OFFICIAL PLAN
PART A: COMMUNITY VISION, STRATEGIC OBJECTIVES AND LAND USE
.........................................................................................12
CONCEPT
........................................................................................12
A1 INTRODUCTION
........................................................................13
A2 THE COMMUNITY VISION
......................................................................................................15
A3 GOALS
.......................................................................16
A4 STRATEGIC OBJECTIVES
A4.1 PLANNING AND DESIGN....................................................................16
A4.2 NATURAL SYSTEMS...........................................................................17
A4.3 ECONOMIC PROSPERITY..................................................................18
A4.4 INFRASTRUCTURE.............................................................................19
...........................................................................20
A5 ECONOMIC STRATEGY
A5.1 LOCATIONS OF ECONOMIC ACTIVITY.............................................21
A5.2 DIRECTIONS........................................................................................21
A5.3 TOURISM.............................................................................................22
..............................................................................23
A6 LAND USE CONCEPT
A6.1 LAND USE DESIGNATIONS................................................................23
A6.1.1 SETTLEMENT AREAS...................................................................23
A6.1.2 AGRICULTURAL AREA..................................................................23
A6.1.3 PROVINCIALLY SIGNIFICANT WETLANDS.................................23
A6.2 OVERLAYS..........................................................................................24
A6.2.1 AGGREGATE RESOURCE AREA AND PETROLEUM RESOURCE
AREA OVERLAY...........................................................................24
..............................................................25
PART B: GROWTH MANAGEMENT
..............................................................................25
B1 SETTLEMENT AREAS
........................................................................25
B2 GROWTH MANAGEMENT
B2.1 HISTORIC POPULATION AND EMPLOYMENT GROWTH.................25
B2.1.1 POPULATION................................................................................25
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County of Elgin Official Plan
July 20, 2012
B2.1.2 EMPLOYMENT IN ELGIN (2006)...................................................27
B2.2 PROJECTED POPULATION AND EMPLOYMENT GROWTH.............27
B2.3 LOCATION OF PROJECTED GROWTH..............................................28
B2.4 EFFECT OF PROJECTED GROWTH ON EXISTING PLANNING
APPROVALS.........................................................................................28
B2.5 HIERARCHY OF SETTLEMENT AREAS..............................................29
B2.6 NEW DEVELOPMENT IN EXISTING SETTLEMENT AREAS..............31
B2.7 SETTLEMENT AREA CAPABILITY STUDIES......................................32
B2.7.1 EMPLOYMENT AREA CONVERSIONS.........................................32
B2.8 SETTLEMENT AREA EXPANSIONS AND NEW SETTLEMENT
AREAS..................................................................................................33
B2.8.1 GENERAL CRITERIA....................................................................33
B2.8.2 STUDY AREA................................................................................33
B2.8.3 LOCATIONAL CRITERIA FOR SETTLEMENT AREA
EXPANSIONS................................................................................34
B2.8.4 AMENDMENTS TO THIS PLAN FOR SETTLEMENT AREA
EXPANSIONS OR NEW SETTLEMENT AREAS..........................34
..........................................................35
PART C: LAND USE DESIGNATIONS
...............................................................................35
C1 SETTLEMENT AREAS
C1.1 OBJECTIVES........................................................................................35
C1.1.1 RESIDENTIAL AREAS....................................................................35
C1.1.2 COMMERCIAL AREAS...................................................................36
C1.1.3 EMPLOYMENT AREAS..................................................................36
C1.2 LOCATION............................................................................................37
C1.3 HOUSING POLICIES............................................................................37
C1.4 LAND SUPPLY......................................................................................40
C1.5 DOWNTOWN AREAS...........................................................................40
...........................................................................40
C2 AGRICULTURAL AREA
C2.1 OBJECTIVES........................................................................................40
C2.2 LOCATION............................................................................................41
C2.3 PERMITTED USES..............................................................................41
C2.4 LOT CREATION/CONSENTS..............................................................42
C2.5 ACCESSORY ACCOMODATION ON FARM PROPERTIES...............42
C2.6 AGRICULTURE-RELATED USES........................................................42
C2.7 SECONDARY USES............................................................................43
C2.7.1 CHARACTERISTICS OF A SECONDARY USE.............................43
C2.7.2 HOME INDUSTRIES.......................................................................44
C2.7.3 AGRICULTURAL RESEARCH AND TRAINING ESTABLISHMENTS
........................................................................................................45
C2.7.4 FARM RELATED TOURISM ESTABLISHMENTS..........................46
C2.7.5 FARM VACATION HOMES OR BED AND BREAKFAST
ESTABLISHMENTS........................................................................46
C2.7.6 ESTATE WINERY...........................................................................47
C2.8 FARM WINERY....................................................................................48
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County of Elgin Official Plan
July 20, 2012
C2.9 RECREATIONAL AND OTHER NON-AGRICULTURAL USES...........48
C2.10 COMPATIBILITY OF AGRICULTURAL USES WITH OTHER LAND
USES....................................................................................................49
C2.11 SUPPORTING AGRICULTURE IN ELGIN COUNTY...........................50
C2.12 FUTURE SPECIALTY CROP AREAS..................................................51
...........................................51
C3 PROVINCIALLY SIGNIFICANT WETLANDS
C3.1 OBJECTIVE..........................................................................................51
C3.2 LOCATION............................................................................................52
C3.3 PERMITTED USES...............................................................................52
C3.4 DEVELOPMENT POLICIES..................................................................52
C4 AGGREGATE RESOURCE AREA AND PETROLEUM RESOURCE
........................................................................................................52
AREAS
C4.1 OBJECTIVES........................................................................................52
C4.2 LOCATION............................................................................................53
C4.3 POLICIES.............................................................................................53
C4.3.1 NEW OR EXPANDING OPERATIONS...........................................53
C4.3.2 DEVELOPMENT ADJACENT TO LANDS IN AGGREGATE
RESOURCES AREA OVERLAY.....................................................53
C4.3.3 MINERAL AGGREGATE OPERATIONS ON LANDS IN
AGRICULTURAL AREA DESIGNATION........................................54
C4.3.4 WAYSIDE PITS AND QUARRIES..................................................54
C4.3.5 PROTECTION OF RESOURCE AREAS........................................54
.......57
PART D: NATURAL HERITAGE, WATER AND NATURAL HAZARDS
D1.1 OBJECTIVES.........................................................................................57
D1.2 NATURAL HERITAGE..........................................................................58
D1.2.1 ESTABLISHING A NATURAL HERITAGE SYSTEM.....................58
D1.2.2 MAPPING OF NATURAL HERITAGE FEATURES IN THIS PLAN58
D1.2.3 DEVELOPMENT AND SITE ALTERATION....................................59
D1.2.4 SIGNIFICANCE...............................................................................59
D1.2.5 SIGNIFICANT HABITAT OF ENDANGERED SPECIES AND
THREATENED SPECIES...............................................................60
D1.2.6 OTHER NATURAL HERITAGE FEATURES..................................61
D1.2.6.1 WETLANDS.................................................................................61
D1.2.6.2 AREAS OF NATURAL AND SCIENTIFIC INTEREST.................62
D1.2.6.3 WILDLIFE AREAS........................................................................62
D1.2.6.4 FISH HABITAT............................................................................62
D1.2.6.5 WATERCOURSES.......................................................................62
D1.3 GENERAL POLICIES...........................................................................63
D1.3.1 USE OF LANDS IN PRIVATE OWNERSHIP..................................63
D1.3.2 ADJACENT LANDS........................................................................63
D1.3.3 POTENTIAL NATURAL CORRIDORS...........................................63
D1.3.4 ENVIRONMENTAL IMPACT STUDIES.........................................64
D1.3.4.1 PURPOSE OF AN ENVIRONMENTAL IMPACT STUDY............64
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County of Elgin Official Plan
July 20, 2012
D1.3.4.2 WHAT AN ENVIRONMENTAL IMPACT STUDY SHOULD
DEMONSTRATE.........................................................................65
D2 WATER RESOURCES...........................................................................65
D2.1 IMPROVING, PROTECTING AND RESTORING..............................65
D2.2 RESTRICTION ON DEVELOPMENT AND SITE ALTERATION.......66
D3 NATURAL AND MAN-MADE HAZARDS................................................66
D3.1 HAZARDOUS LANDS.......................................................................66
D3.2 SHORELINE OF LAKE ERIE............................................................66
D3.3 DEVELOPMENT IN A FLOODPLAIN...............................................67
D3.4 EROSION HAZARD LIMIT................................................................67
D3.5 HAZARDOUS SLOPES........................................................................67
D3.6 ONTARIO REGULATIONS....................................................................68
D3.7 WASTE DISPOSAL SITES...................................................................68
D3.8 CONTAMINATED OR POTENTIALLY CONTAMINATED SITES.........69
PART E: GENERAL............................................................................................70
E1 GENERAL DEVELOPMENT POLICIES....................................................70
E1.1 LAND USE COMPATIBILITY................................................................70
E1.2 SUBDIVISION OF LAND......................................................................70
E1.2.1 WHEN A PLAN OF SUBDIVISION REQUIRED..............................71
E1.2.2 SUBDIVISION REVIEW CRITERIA................................................71
E1.2.3 NEW LOTS BY CONSENT.............................................................72
E2 CULTURAL HERITAGE RESOURCES....................................................75
E2.1 ARCHAEOLOGICAL RESOURCES.....................................................76
E2.2 MARINE ARCHAEOLOGICAL RESOURCES......................................76
E3 PUBLIC SERVICE FACILITIES AND INFRASTRUCTURE.......................77
E4 SANITARY SEWERS AND WATER.........................................................78
E4.1 GENERAL POLICIES...........................................................................78
E4.2 ALTERNATIVE AND RENEWABLE ENERGY SYSTEMS...................79
E5 TRANSPORTATION..................................................................................79
E5.1 OBJECTIVES.......................................................................................79
E5.2 PEDESTRIAN AND CYCLING ROUTES AND FACILITIES................80
E5.3 TRAFFIC IMPACT STUDY Ã COUNTY ROADS..................................81
E5.4 ROAD NETWORK................................................................................81
E5.4.1 GENERAL POLICIES......................................................................81
E5.4.2 PRIVATE ROADS...........................................................................85
E5.4.3 PROVINCIAL HIGHWAYS..............................................................85
E5.4.4 PROPOSED PROVINCIAL HIGHWAY 3........................................85
E5.5 ST. THOMAS MUNICIPAL AIRPORT...................................................86
E5.5.1 CONTEXT......................................................................................86
E5.5.2 LANDS ADJACENT TO THE ST. THOMAS MUNICIPAL AIRPORT..
.........................................................................................................86
E5.5.3 LAND USE COMPATIBILITY ADJACENT TO AIRPORT..............86
E5.6 TOURISM CORRIDORS AND USES....................................................87
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County of Elgin Official Plan
July 20, 2012
E5.7 THE PORTS OF ELGIN COUNTY........................................................88
PART F IMPLEMENTATION AND ADMINISTRATION..................................89
F1 INTRODUCTION........................................................................................89
F2 OFFICIAL PLAN ADMINISTRATION........................................................89
F2.1 AMENDMENTS TO THE PLAN............................................................89
F3 LOCAL OFFICIAL PLANS........................................................................90
F4 LOCAL ZONING BY-LAWS......................................................................90
F5 SITE PLAN CONTROL..............................................................................91
F6 COMMUNITY IMPROVEMENT PLANS....................................................91
F6.1 OBJECTIVES........................................................................................91
F6.2 IMPLEMENTATION..............................................................................92
F7 PUBLIC PARTICIPATION AND CONSULTATION...................................92
F8 COMPLETE APPLICATIONS....................................................................93
F8.1 OVERVIEW...........................................................................................93
F8.2 MINIMUM SUBMISSIONS REQUIREMENTS......................................94
F8.3 SUPPLEMENTAL SUBMISSION REQUIREMENTS............................94
F8.4 PRE-CONSULTATION.........................................................................96
F8.5 FLEXIBILITY.........................................................................................96
F8.6 QUALITY OF SUPPORTING STUDIES, PLAN OR ITEMS.................96
F9 MONITORING.............................................................................................97
F10 INTERPRETATION..................................................................................97
F10.1 GENERAL.............................................................................................97
F10.2 INTERPRETATION OF LAND USE DESIGNATION BOUNDARIES...97
F10.3 ROAD LOCATIONS..............................................................................98
F10.4 LEGISLATION......................................................................................98
F10.5 ACCESSORY USES.............................................................................98
F10.6 OPERATIVE PARTS OF THE OFFICIAL PLAN...................................98
APPENDIX ÇAÈ - DEFINED TERMS....................................................................99
APPENDIX ÇBÈ Ã CONTENTS OF AN ENVIRONMENTAL IMPACT STUDY..115
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County of Elgin Official Plan
July 20, 2012
PART 1 Ã THE PREAMBLE
(This is not an Operative Part of the Official Plan)
1. INTRODUCTION
This document comprises the Official Plan for the County of Elgi
2. ORGANIZATION OF THE PLAN
This document consists of three components:
Part I - , which does not constitute an operative
THE PREAMBLE
part of the Official Plan;
Part II - comprised of
THE COUNTY OF ELGIN OFFICIAL PLAN
text and attached Schedules A, B and C inclusive and constitutes
the operative part of the document;
Part III - , which do not constitute part of the
THE APPENDICES
Official Plan, but provides additional information to assist in
implementing this Official Plan.
3. LOCATION
This Official Plan affects all lands within the boundary of the County
of Elgin, save and except for the lands within the boundary of t
City of Thomas, which is a separated City within the County of
Elgin.
4. PURPOSE OF THE PLAN
The purpose of the Elgin County Official Plan is to provide direction
and a policy framework for managing growth and land use
decisions over the planning period to 2031. The Official Plan is one
of a series of policies, guidelines and regulations that direct
actions of the County and shapes growth and . The
development
Plan is intended to:
establish a broad, upper tier policy framework that provides
guidance to local municipalities in the preparation of updated
local Official Plans, Official Plan Amendments and Zoning
By-laws;
implement the Provincial Policy Statement at the County
level; and,
7
County of Elgin Official Plan
July 20, 2012
set a framework for coordination and cooperation amongst
the local municipalities and the County on planning and
issues that transcend municipal boundaries.
development
This Plan recognizes the planning powers and authorities vested
the local municipalities through the Planning Act and other
legislation. Given that the Elgin County Official Plan is intended to
establish an overall land use planning framework for the County
and its municipalities, this Plan does not duplicate the policie
the lower tier Official Plans. Instead, this Plan is intended t
provide the guidance necessary for the establishment of detailed
strategies, policies and land use designations at the local level.
5. BASIS
Prior to preparing the Official Plan, several background researc
papers and a Directions Paper were prepared, meetings were held
with a number of stakeholders, and a series of public open house
were held across the County. It was on the basis of this research
and engagement that it was determined that there were two primar
issues to deal with in the context of the new Official Plan: gro
management and economic development. While there are many
other policy matters and issues to consider, they are all to some
extent influenced by the policy direction established for the tw
primary issues by this Official Plan.
The primary purpose of the County of Elgin Official Plan is to
provide the basis for managing growth that will support and
emphasize the County's unique character, diversity, civic and
cultural identity and natural heritage features. It is on this basis that
the work program leading up to the preparation of the Official P
was designed to ensure that the CountyÈs first Official Plan:
has a very well articulated vision of the future
development
of the County;
ensures that all of the policies in the Official Plan relate
directly back to the vision and objectives of the Plan; and,
provides clear direction on how the policies in the Plan will
be implemented.
This Official Plan is based on the 20-year planning horizon from
2011 to 2031 and is subject to revisions at 5-year intervals.
Population and employment in the County will be monitored on an
ongoing basis including at the time of the 5-year review of the Plan.
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County of Elgin Official Plan
July 20, 2012
6. GEOGRAPHIC CONTEXT
Elgin County consists of seven local municipalities:
Town of Aylmer
Municipality of Bayham
Municipality of Central Elgin
Municipality of Dutton/Dunwich
Township of Malahide
Township of Southwold
Municipality of West Elgin
The City of St. Thomas is located in Elgin County but is a separ
City and is therefore not subject to this Plan.
An Official Plan is a policy document, which is intended to serv
the basis for making land use decisions and managing change in
any municipality in Ontario. The primary purpose of the Official
is to provide the basis for managing growth that will support and
emphasize the CountyÈs unique character, diversity, civic identi
rural lifestyle, natural heritage and cultural heritage and to d
a way that has the greatest positive impact on the quality of li
Elgin.
The Official Plan establishes a vision for the future land use
structure of the County and, as a result, is intended to serve a
basis for managing change until 2031, which is the planning
horizon established by this Plan. According to the Planning Act, an
Official Plan Å
shall contain goals, objectives and policies
established primarily to manage and direct physical change and t
effects on the social, economic and natural environment of the
Æ.In preparing the Official Plan for the County of Elgin,
municipality
has had regard to matters of Provincial interest as set out
Council
in Section 2 of the Planning Act and matters of Provincial Policy as
articulated in the Provincial Policy Statement. The Policy State
is intended to promote a policy led system that recognizes and
addresses the complex interrelationships among environmental,
economic and social factors in land use planning. The Policy
Statement deals with matters pertaining to Building Strong
Communities, Wise Use and Management of Resources, and
Protecting Public Health and Safety and a series of related
subcategories. This Official Plan embodies Provincial Policy
through more detailed policies that appropriately reflect the
CountyÈs unique character.
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County of Elgin Official Plan
July 20, 2012
The vision, goals, objectives and policies contained in this Pla are
intended to guide the decisions of public authorities and privat
interests until 2031. All lower tier Official Plans and zoning b-laws
shall conform to this Official Plan.
7. THE STRUCTURE OF THE PLAN
This Official Plan is divided into six parts, each of which is
described below:
Part A (Community Vision, Strategic Objectives and Land Use
contains the vision of the County. This vision was
Concept)
prepared by and is based on an understanding of past and
Council
future trends and the wishes of the CountyÈs residents and
business owners. The goals and strategic objectives that form th
basis of the Plan flow from the vision. These goals and strategi
objectives also establish a framework for the other objectives a
policies in the Plan. This section of the Plan also describes how it is
to be implemented through land use designations.
contains the policies that provide
Part B (Growth Management)
the basis for accommodating expected growth in the County to
2031
.
sets out the land use
Part C(Land Use Designations)
designations that apply in the County and the conditions under
which may be permitted within those land use
development
designations.
contains
Part D (Natural Heritage, Water and Natural Hazards)
policies on natural heritage features, water and natural hazards in
the County
.
contains policies that,
Part E (General Development Policies)
where appropriate, must be considered as part of the land use
planning process. This includes subdivision of land, cultural
heritage resources, transportation, community facilities and,
servicing.
describes how
Part F (Plan Implementation and Administration)
the Vision, Goals, Objectives and Policies of the Official Plan
implemented.
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County of Elgin Official Plan
July 20, 2012
The following schedules, which are to be read in conjunction with
the text of this document, constitute an operative part of this
Plan.
Schedule A Ã Land Use Plan
Schedule B Ã Transportation Plan
Schedule C Ã Aggregate and Petroleum Resource Areas Plan
The following appendices do not constitute operative parts of this
Official Plan but provide additional information to assist in
implementing this Plan.
Appendix A Ã Defined Terms
Appendix B Ã Contents of an Environmental Impact Study
Appendix Map 1 Ã Natural Heritage Features and Areas
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County of Elgin Official Plan
July 20, 2012
PART 2 Ã COUNTY OF ELGIN OFFICIAL PLAN
(This is the Operative Part of the Official Plan)
PART A: COMMUNITY VISION, STRATEGIC OBJECTIVES AND
LAND USE CONCEPT
A1 INTRODUCTION
The agricultural sector has long been and is expected to continu
being the most dominant sector in the local economy. A significant
portion of Elgin CountyÈs land base is farmed on some of the
highest quality soils in Ontario.
The manufacturing sector in Ontario has declined in terms of its
importance to local economies and this decline has had an impact
on the County of Elgin because of its strong reliance on that sector.
Notwithstanding the above, the economy of the area has prospered
to some extent due in part to the proximity of the County to the
of London, which is an emerging Regional Centre in South-western
Ontario, with a significantpopulation base and a number of
established educational and health care institutions.
As a consequence, many people living in Elgin now commute to the
City of London to work, and the growth and settlement pattern in
the County in terms of amount and location of growth is very muc
dependant on the relationship with the City of London. This
relationship is expected to strengthen and be more pronounced
during the planning period. The City of St. Thomas also plays a role
as well and its location has had a significantimpact on settlement
patterns in the County, particularly in those local municipaliti
border the City. As well, the Town of Tillsonburg in the County
Oxford has had an impact on settlement patterns in the north-
eastern part of the County.
The economic landscape of Elgin County is clearly undergoing a
transition toward a more service-based economy. Increasingly, the
types of jobs being created in Elgin are those aligned with the
needs of residents, tourists or both. The commercial sector
continues to play an important role in the diversification of the
CountyÈs economic base, and has helped to stimulate the
development of a vital and growing tourism and leisure base. It is
also true that small, entrepreneurial based businesses have
significantly outpaced the of larger industrial plant-
development
type operations which have generally been downsizing rather than
12
County of Elgin Official Plan
July 20, 2012
expanding over the past decade. The CountyÈs recent economic
development strategy points quite clearly to the growing importance
of small business, education, tourism, professional services and
healthcare as important sources of economic growth for Elgin.
Over the past 10-15 years, Elgin has quickly emerged as a popular
day-trip destination for residents that live outside of the County.
The area provides exceptional opportunities for Åmain-streetÆ
shopping, fine dining, live theatre, cultural events as well as
range of outdoor recreational and leisure pursuits. As the
popularity of the County grows, the business community has
worked closely with local and County officials and other levels
government to help broaden the areaÈs market appeal, and to
convert many of the day-trippers into overnight and longer-term
visitors and guests. As people ÇdiscoverÈ Elgin County there are
also a growing number of visitors who understand the lifestyle
benefits of moving their families or retiring to the County.
A2 THE COMMUNITY VISION
A vision is intended to be a picture of the preferred future for
area. It is also intended to provide decision makers, residents and
business owners with an overall description of what the area wil
look like and how it will function if overall goals and objectiv
implemented.
There are two elements of the vision that are articulated in thi
Plan. The first element deals with the geography of the County
the second element deals with the people that live, work and tra
within the County.
With respect to geography, the County consists of three distinct
components. The first component is the interface between land and
water known as the Lake Erie shoreline. This shoreline, which
extends 85 kilometres along the CountyÈs southern border, is
extraordinary in terms of its views and vistas and primarily bec
of its relationship to the water. In most other parts of Ontario, the
shorelines along the Great Lakes are low lying and there is litt
difference in relief between the water and the land. In the cas
the County of Elgin, most of the shoreline is the site of bluffs
extend 15 to 45 metres above the water. As a consequence, much
of the shoreline area remains undeveloped and the views are
extraordinary.
13
County of Elgin Official Plan
July 20, 2012
The second defining component of the CountyÈs geography are the
many rivers that flow into Lake Erie from the north, west and east.
These river corridors (e.g. Catfish Creek and Kettle Creek) have
over time cut into the landscape to create extensive valley syst
that are the site of much wildlife and forests. These watercourses,
where they meet with Lake Erie, have also created opportunities for
the of ports along the shoreline (Port Burwell, Port
development
Bruce, Port Stanley and Port Glasgow). The ports settlements hav
attracted tourism and recreational living to Elgin County.
The third defining component of the CountyÈs geography is the
extensive prime agricultural lands that covers most of the County
and which are the site of soils that are considered to be some of the
best in Canada for . It is these three components of
agricultural use
the CountyÈs geography which define the County in terms of how it
looks and to a very large extent, how and why the County was
originally settled and continues to be an attractive area to liv
work. Inland settlements such as Aylmer, Straffordville, Dutton
West Lorne continue in their role as service centres for the
surrounding agricultural community providing schools, places of
worship and other , recreational facilities,
institutional uses
commercial and industrial employment uses.
The second element of the vision deals with the people that live,
work and travel in the County. As mentioned above, the geograph
of the County has had a significantimpact on the settlement
pattern, the use of land in the County and to some extent its
economy. For example, many of the settlements in the County are
located on Lake Erie. These port settlements became very
important in South-western Ontario and were the key points of
transfer between land and water for many decades.
This Plan is expected to provide the basis for managing change t
2031. Based on an assessment of past trends, it is expected that
the population of the County (excluding St. Thomas) will increas
from approximately 51,514 in 2011 to between 54,700 and 55,287
in 2031. The upper end of the range of projected population gro
is derived from the 2011 Ministry of Finance projections.
It is expected that about 80% of the expected population and
employment growth in the County to 2031 will occur in the central
and eastern parts of Elgin County (which includes Bayham, Alymer
Malahide, Central Elgin and Southwold) as it has in the period
between 1986 and 2011.
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County of Elgin Official Plan
July 20, 2012
A3 GOALS
It is recognized that the County's long-term prosperity,
environmental health and social well-being depends on wisely
managing change and promoting efficient land use and
patterns. On the basis of the background work
development
completed and the comments made by stakeholders and the
community, below are a series of goals that primarily deal with the
growth management and economic development themes that have
been identified as the key lenses through which the policies in
Official Plan are based. These goals are not policies and are
instead intended to provide the basis for the strategic objectives set
out in Section A4 of this Plan. In this regard, below are the primary
goals of the Elgin County Official Plan:
1. To provide opportunities for economic development in a
manner that fosters competitiveness and a positive and
attractive business environment.
2. To direct most forms of to urban areas where
development
full services are available and to support the efficient use of
land and to meet the needs of present and
infrastructure
future residents and businesses.
3. To protect and the character of existing
enhancesettlement
, and to maintain them as diverse, livable, safe, thriving
areas
and attractive communities.
4. To protect as much of the CountyÈs
prime agricultural area
as possible and to encourage the of a broad
development
range of agriculture related uses and
agricultural uses,
to ensure that the agricultural industry can
secondary uses
continue to thrive and innovate.
5. To ensure that an adequate supply of land and housing
choices are available for present and future residents.
6. To ensure the protection and enhancement of tourism and
recreation opportunities (both active and passive) in the
many downtown/main street areas and ports throughout the
County.
7. To build and maintain an efficient, affordable, effective and
safe transportation network that accommodates the diverse
15
County of Elgin Official Plan
July 20, 2012
needs of the many communities in the County and is able to
support economic development and sustainable growth.
8. To provide opportunities for the provision of a broad range of
community, recreational and and facilities
institutional uses
to serve the needs of the CountyÈs residents.
9. To protect and
enhancesignificant natural heritage features
and their associated ecological and
and areashydrological
from incompatible .
functionsdevelopment
10. To direct away from natural and man-made
development
hazardous areas.
11. To work with the adjacent communities of City of St.
Thomas, the Municipality of Chatham-Kent, the County of
Middlesex, the City of London and the County of Norfolk on
matters of common interest, which includes growth
management, economic development, transportation,
, , water
infrastructurenatural heritage features and areas
resources and source water protection.
12. To monitor the performance of the Official Plan in meeting
itÈs goals, objectives and vision.
A4 STRATEGIC OBJECTIVES
Below are the Strategic Objectives of this Plan that are intende
implement the Goals established in Section A3. These Strategic
Objectives are not policies and are instead intended to provide
basis for the land use policies in Sections B, C, D, E and F of this
Plan.
A4.1 PLANNING AND DESIGN
a) To create compact communities with a range of services that
includes necessary amenities and transportation options and
affords equitable access to a range of local economic and
social opportunities.
b) To promote the creation of pedestrian-oriented built
environments that provide comfort, safety, accessibility for
persons with disabilities and encourage the creation of safe
and barrier-free linkages between residential, commercial,
institutional and other areas.
16
County of Elgin Official Plan
July 20, 2012
c) To ensure that housing is available to all ages, abilities,
incomes and household sizes, and is located in areas near
public transportation, jobs, and essential goods and
services.
d) To recognize downtowns, historic areas or districts as
mixed-use, vibrant places for living, entertainment, leisure,
commerce and civic activities, and to promote the
preservation and reuse of historic resources, to assist in the
retention of local and County history and heritage,
reinforcement of community character, and conservation of
material resources.
e) To focus new in in the
developmentsettlement areas
following order of priority: fully serviced ,
settlement areas
privately serviced and partially serviced
settlement areas
, in conformity with the policies of this Plan.
settlement areas
f) To allow the expansion of a boundary when
settlement area
appropriate justification is provided and only at the time of a
comprehensive review.
g) To identify and highlight the importance of the ÇportÈ
communities along the Lake Erie shoreline.
h) To encourage to areas within
intensification settlement areas
that are fully serviced.
A4.2 NATURAL SYSTEMS
a) To protect and their
natural heritage features and areas
associated so that they can be enjoyed
ecological functions
by future generations and serve as a legacy to all peoples
within our communities
.
b) To ensure that land use planning contributes to the
protection, maintenance and enhancement of water and
related resources and aquatic on an integrated
ecosystems
watershed management basis.
c) To recognize that a healthy community is made up of an
interconnected system of open spaces and
natural heritage
features and areas.
17
County of Elgin Official Plan
July 20, 2012
d) To minimize negative changes to the water quality and
hydrological and hydrogeological functions of watercourses,
lakes, aquifers and .
wetlands
e) To promote land use decisions that incorporate water
conservation measures and the efficient use of water
resources on a watershed and sub-watershed basis.
f) To minimize the loss of life and property damage caused by
natural hazard processes associated with natural systems by
directing and to areas outside of
developmentsite alteration
.
hazardous lands
A4.3 ECONOMIC PROSPERITY
a) To reinforce the function of the downtown areas in
as cultural, administrative, entertainment,
settlement areas
retail and social focal points of the community.
b) To support the role of the 'ports' in the County as the primary
locations for tourism and related economic activity.
c) To support the growth of new industry sectors, and the
transition of existing industry sectors, toward practices,
products and services that increase environmental
performance, human health and social responsibility.
d) To establish and maintain strong links with education and
research institutions and companies.
e) To encourage the protection of the CountyÈs cultural heritage
resources in order to maintain and economic
enhance
development and tourism opportunities.
f) To establish tools that provide the incentives required to
encourage desired forms of in the right
development
locations, along with the provision of needed public
amenities.
g) To provide opportunities for a wide range of appropriately
scaled agriculture-related and in the
secondary uses
Agricultural Area.
h) To ensure that at all times, the County has a 20 year supply
of serviced residential, employment and commercial land, in
areas, and designated growth areas, and in
intensification
18
County of Elgin Official Plan
July 20, 2012
the right locations.
i) To encourage local municipalities to provide for the broadest
range of employment uses (depending on available
servicing) in their .
employment areas
j) To identify County Roads 4, 19, 73 and 103 and the County
roads that parallel the Lake Erie Shoreline as the primary
tourism corridors in the County.
k) To encourage local municipalities in their Official Plans to
permit tourism and recreation related uses in appropriate
areas.
l) To encourage local municipalities to pre-zone lands within
their community for employment and commercial uses
wherever possible.
A4.4 INFRASTRUCTURE
a) To establish an integrated transportation system that safely
and efficiently accommodates various modes of
transportation including automobiles, trucks, public transit,
cycling and walking.
b) To ensure that the construction of all , or
infrastructure
expansions to existing , occurs in a manner that
infrastructure
is with adjacent land uses and with a minimum of
compatible
social and environmental impact.
c) To encourage the efficient use of land to make the best use
of and services.
infrastructure
d) To encourage the of public facilities in
development
appropriate locations at the right time to meet the needs of
present and future residents.
e) To protect the function of County Roads by only permitting
that would be with that function.
developmentcompatible
Where a County Road is located in an urban area the local
context needs to be taken into account.
f) To coordinate decision-making between
infrastructure
municipalities.
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County of Elgin Official Plan
July 20, 2012
A5 ECONOMIC STRATEGY
Economic growth and vitality is a key component of the County
Official Plan. The CountyÈs economic strategy, through the Official
Plan, is based on the strategies of the CountyÈs Economic
Development Strategy and other related initiatives, and encourages
the creation of complete and attractive communities with a high
quality of life for all residents and businesses.
The CountyÈs Economic Development Strategy (2011 Ã 2014)
builds upon the creative components of ElginÈs agricultural and
manufacturing economy to deliver an innovative approach to the
future of the County. The Strategy identifies four goals (Social
Capital, the Built Environment, Talent and Innovation, and
Storytelling) and recommends actions and strategies to strengthe
the core industries of Agriculture, Tourism, Energy and Culture.
In an effort to support the goals, actions and strategies of the
CountyÈs Economic Development Strategy, it is a policy of this Plan
to:
a) support the full utilization of the existing employment lands in
the County for a range of employment uses;
b) assemble and maintain an inventory of available commercial
and industrial properties that can be re-used or re-purposed
for creative economy enterprises;
c) protect cultural heritage resources, encourage the use of
heritage buildings for retail/commercial uses, and support
tours and activities centred on heritage places;
d) protect and the
enhancenatural heritage features and areas
in the County in order to maintain and the tourism
enhance
and recreational opportunities that rely upon these attributes;
e) support the efforts of existing Business Improvement Areas
and Chambers of Commerce to promote retail and faade
improvements of buildings;
f) support the creation of interesting and accessible public
places to generate activity and vitality and attract people and
business to Elgin County communities;
g) support new and on
developmentredevelopmentbrownfield
; and,
sites
20
County of Elgin Official Plan
July 20, 2012
h) support the efforts of local municipalities and arts groups to
identify and encourage the use of public space for events
and festivals.
A5.1 LOCATIONS OF ECONOMIC ACTIVITY
This Plan is intended to promote economic activity throughout th
County. In promoting and planning for economic activity and
growth, the County and local municipalities are encouraged to:
a) work together to develop County-wide strategies for the
benefit of all, recognizing that unique strategies may be
required in certain areas to reflect the local context and
community make-up;
b) focus new in , while also
developmentsettlement areas
permitting appropriate rural industrial and commercial growth
in accordance with the policies of this Plan; and,
c) promote the growth of tourism throughout the County with
particular emphasis in areas where there is an existing
tourism base including the ports/waterfront areas,
downtown/main street areas, recreational areas and
agricultural/rural areas.
A5.2 DIRECTIONS
It is a policy of this Plan that the County and local municipali
endeavour to:
a) the profile of the County, its communities, ports and
enhance
tourism attractions and destinations;
b) maintain agriculture as the principal economic activity in the
rural areas of the County;
c) support opportunities for farmers to protect, diversify and
expand their operations through initiatives such as: crop
diversification; conservation farming practices; promotion
and encouragement of associated food processing and
value added technology facilities and encouraging bed and
breakfast operations, farm vacation facilities, roadside
markets and related activities, provided that they are located
in a land use designation that permits the activity and that
they do not conflict with agricultural operations;
21
County of Elgin Official Plan
July 20, 2012
d) promote the County as a destination for tourists in
accordance with Section A5.3;
e) work together with the City of St. Thomas and other area
municipalities in the collection of economic data, and the
implementation of economic development strategies;
f) support telecommuting to reduce trips between home and
work by developing policies and zoning provisions that
permit home-based work opportunities;
g) monitor the supply of employment land to ensure that a 20
year supply, as determined by the County, is available in
order to accommodate an appropriate range and mix of
employment opportunities throughout the County, and
particularly in those municipalities with access to full
municipal services, Provincial highways and major arterial
roads; and,
h) support the retention of educational, health, cultural and
religious facilities to ensure that the CountyÈs communities
are provided with those opportunities that facilitate growth
and well-being. Such facilities provide a vital role in small
communities and add economic vitality and a sense of place
where quality of life is considered a major attraction for
growth and .
development
A5.3 TOURISM
The policies of this Plan are intended to recognize the importan
of tourism to local economies by supporting the long-term viability
and growth of existing and future tourism resources and
destinations in the County. It is a policy of this Plan that the County
and local municipalities should:
a) promote the maintenance, expansion and upgrade of
existing tourism and tourist destination-oriented uses in the
County and encourage the establishment of additional high-
quality attractions, facilities, accommodations, services, and
events;
b) preserve and restore cultural heritage resources throughout
the County and where appropriate, identify these resources
for the purposes of tourism;
22
County of Elgin Official Plan
July 20, 2012
c) explore the establishment of
Heritage Conservation Districts
to promote cultural heritage resources, particularly in the
downtown/main street areas;
d) encourage the establishment of agriculture-related and
in the agricultural area;
secondary uses
e) develop and promote scenic, recreational and educational
parkways and trails (such as the Talbot Trail) with well
signed and interesting attractions along the Lake Erie
shoreline and throughout the County; and,
f) discourage any re-designation and/or rezoning to remove
permissions for tourism-related uses.
A6 LAND USE CONCEPT
Three primary land use designations and two overlay are included
within this Plan, as described in this Section of the Plan. Additional
information on the location of natural heritage features is cont
within Appendix Map 1 to this Plan.
A6.1 LAND USE DESIGNATIONS
A6.1.1 Settlement Areas
The in the County are divided into three tiers
settlement areas
based on the nature of servicing à full municipal services,
partial
and private services (individual on-site water and sewage
services
services).
A6.1.2 Agricultural Area
This designation applies to all lands not designated
Settlement
in this Plan and these lands are considered to be the CountyÈs
Area
, subject to Section C2 of this Plan.
prime agricultural area
A6.1.3 Provincially Significant Wetlands
This designation applies to all Provincially and
Significant Wetlands
as identified by the Ministry of Natural
Coastal Wetlands
Resources.
23
County of Elgin Official Plan
July 20, 2012
A6.2 OVERLAYS
A6.2.1 Aggregate Resource Area and Petroleum Resource Area
Overlays
The Aggregate Resource Area and Petroleum Resource Area
overlays apply to lands that have been identified as
known deposits
or petroleum resource areas as
of mineral aggregate resources
shown in local Official Plans. This Plan recognizes that the Province
has not prepared an Aggregate Resource Inventory Paper for the
County. On this basis, the mapping shown on Schedule C may
require revisions when the Province completes this work.
24
County of Elgin Official Plan
July 20, 2012
PART B: GROWTH MANAGEMENT
B1 SETTLEMENT AREAS
shall be the focus of growth and their vitality and
Settlement areas
regeneration shall be promoted. There are a range of urban and
rural in Elgin County where there is a
settlement areas
concentration of and mix of permitted land uses
development
including a variety of housing types, commercial and employment
uses, institutional uses, community and recreational facilities, and
open space.
B2 GROWTH MANAGEMENT
The majority of the projected population and employment growth i
the County is expected to occur in the in the
settlement areas
County that are on full municipal services. The intent of this
of the Official Plan is to establish the policy framework that will
provide the basis for co-ordinating and managing expected growth
to 2031.
B2.1 HISTORIC POPULATION AND EMPLOYMENT GROWTH
B2.1.1 Population
Table 1 below shows where population growth has occurred
between 1986 and 2011 in the County:
25
County of Elgin Official Plan
July 20, 2012
Table 1 Ã Total Population of Elgin by Municipality
Census Estimates 1986, 1991, 1996, 2001, 2006 & 2011
Note: 2011 figures based on 2011 Census adjusted using 2006 unde
Table 1 indicates that:
In 2011 the total population of Elgin including St. Thomas
was 90,916.
With a 2011 population of 39,402, the population of St.
Thomas accounted for 43 percent of the total population of
Elgin.
Between 1986 and 2011, the total population of Elgin grew
by 18,426. St. Thomas grew by 9,572 (accounting for 52
percent of the County's total growth) while the County grew
by 8,854 (accounting for the remaining 48 percent).
Most of the population growth in the County between 1986
and 2011 has occurred in the St. Thomas area with growth in
Central Elgin (2,116), Aylmer (2,024), Bayham (1,975) and
Malahide (1,487). Collectively these four municipalities grew
by 7,602 between 1986 and 2011 - which accounts for 86
percent of the CountyÈs overall growth over that period (not
including St. Thomas).
26
County of Elgin Official Plan
July 20, 2012
More recently, the rate of growth in the St. Thomas area has
increased. Between 2001 and 2011, ElginÈs population
increased by 5,996 people with St. Thomas accounting for
4,722 (or 79 percent) of that growth, Bayham for 625 (10
percent), Central Elgin for 446 (7 percent) and Malahide for
367 (6 percent).
B2.1.2 Employment In Elgin (2006)
Table 2 below indicates that there were 34,805 jobs in the Count
of Elgin in 2006, of which 18,885 (or 54%) were in St. Thomas:
Table 2 Ã Employment by Place-of-work in Elgin by Municipality and Major Industry
B2.2 PROJECTED POPULATION AND EMPLOYMENT GROWTH
a) Based on an assessment of past trends, it is expected that
the population of the County (excluding St. Thomas) will
increase from approximately 51,514 in 2011 to between
54,700 and 55,287 in 2031. The upper end of the range of
projected population growth is derived from the 2011 Ministry
of Finance projections.
b) This population projection is based on information that was
available at the time this Official Plan was prepared and is
primarily based on past trends. This projection does not take
into account the amount and location of serviced land in
s or future changes in the economic health of
settlement area
the County, which to a very large extent is dependant on
factors that are beyond the control of the County.
c) Employment (excluding St. Thomas) is also expected to
increase from 15,930 in 2006 to 16,149 by 2031. Much of
27
County of Elgin Official Plan
July 20, 2012
the new employment growth will be population related,
meaning that the new jobs will be located in areas that will
experience population growth.
d) Future population growth could be impacted by a range of
factors that are beyond the control of the County and any
number of one-time events. As a consequence, these
projections shall be reviewed no less than every five years.
B2.3 LOCATION OF PROJECTED GROWTH
It is expected that about 80% of the expected population and
employment growth in the County to 2031 will occur in the central
and eastern parts of Elgin County (which includes Bayham, Alymer
Malahide, Central Elgin and Southwold) as it has in the period
between 1986 and 2011. The remaining 20% will occur in the
western parts of the County. The majority of expected population
growth will occur in s that have both municipal
settlement area
sewer and water services, as set out in Section B2.5.
B2.4 EFFECT OF PROJECTED GROWTH ON EXISTING PLANNING
APPROVALS
a) There are 49 identified s within the County of
settlement area
Elgin. Based on a review of the amount of vacant and under-
developed land designated for residential , there
development
is about 700 hectares of such land in these s
settlement area
that were fully serviced in 2011. These lands alone can
support considerably more population growth than what is
projected for the County to 2031. There was also in excess
of 1,000 hectares of potentially developable land in
s on (either municipal water
settlement areapartial services
or municipal sewer but not both) and within s
settlement area
that do not have any municipal sewer or water services.
b) In 2011, there were about 900 hectares of vacant and
undeveloped employment lands in Elgin County that were
either fully serviced or were planned for full services. This
supply of land is also in excess of what the County needs as
a whole to support employment growth. However, the
majority of the employment lands (+700 hectares) is located
in Southwold in the area surrounding the recently closed
Ford plant.
c) There is a sufficient supply of land designated in local Officia
28
County of Elgin Official Plan
July 20, 2012
Plans to meet the need for residential and employment land
over the 20 year time period of the Plan. However, the
population and employment projections set out in Section
B2.2 do not have an impact on the ability of the County and
local municipalities to consider applications to develop lands
that are within a boundary that existed on the
settlement area
date this Plan came into effect.
d) The population and employment projections set out in
Section B2.2 must be considered if a new or
settlement area
a expansion is proposed. In either case, a
settlement area
as defined by this Plan will be
comprehensive review
required, in accordance with Section B2.8 of this Plan.
B2.5 HIERARCHY OF SETTLEMENT AREAS
a) Water supply, treatment and distribution works, along with
wastewater collection and treatment works, are the
responsibility of the constituent lower tier municipalities
and/or private sector organizations engaged by the lower tier
municipalities.
b) The Elgin Area Primary Water Supply System (EAPWSS)
intake and treatment plant facility is located in Central Elgin,
east of Port Stanley. The EAPWSS serves several Elgin
municipalities including Aylmer, Bayham, Central Elgin,
Malahide and Southwold. The System also serves St.
Thomas and part of the City of London. The West Elgin
Primary Water Supply System serves parts of the County of
Elgin, the County of Middlesex and the Municipality of
Chatham-Kent. The West Elgin Water Treatment Plant is
located just south of the Hamlet of Eagle and serves the
municipalities of West Elgin, Dutton-Dunwich, Southwest
Middlesex, Newbury and the community of Bothwell in
Chatham-Kent.
c) A hierarchy of s has been established for the
settlement area
County of Elgin based on the type of servicing. New
s are not contemplated by this Plan and
settlement area
would only be considered on the basis of a
comprehensive
in accordance with Section B2.8.
review
Three tiers of s are established by this Plan as set
settlement area
out below:
29
County of Elgin Official Plan
July 20, 2012
TIER 1
The first tier includes all of those that have
settlement areas
full municipal services (municipal water and sewage
services). The boundaries of these are
settlement areas
shown on Schedule A to this Plan and are listed in Table 3.
As these have both municipal sewage and
settlement areas
water services, these s are the preferred
settlement area
locations for new
development.
TIER 2
The second tier includes those s that are on
settlement area
(municipal water/individual on-site sewage
partial services
services or individual on-site water/municipal sewage
services). The boundaries of these are
settlement areas
shown on Schedule A to this Plan and are listed in Table 3.
Limited is expected in these
developmentsettlement areas
and is only permitted to allow for infilling and rounding out of
existing provided that:
development
a) the proposed is within the
developmentreserve
and
sewage system capacityreserve water system
; and,
capacity
b) site conditions are suitable for the long-term provision
of such services.
In cases where a plan of subdivision is required in
accordance with Section E1.2.1 of this Plan, a
settlement
capability study may be required in accordance with
area
Section B2.7 of this Plan.
TIER 3
The third tier includes those that do not
settlement areas
have any municipal services (individual on-site water and
sewage services). Given their size, these
settlement areas
are identified on Schedule A to this Plan by a symbol and are
listed in Table 3. The boundaries of these
settlement areas
are established in the local Official Plans. Limited
is expected in these
developmentsettlement areas.
In cases where a plan of subdivision is required in
accordance with Section E1.2.1 of this Plan, a
settlement
30
County of Elgin Official Plan
July 20, 2012
capability study may be required in accordance with
area
Section B2.7 of this Plan.
Table 3: Settlement Areas in the County of Elgin
TIER 1 TIER 2 TIER 3
Aylmer
Aylmer
Port Burwell Straffordville Corinth
Bayham
Vienna Eden North Hall
Richmond
Calton
Port Stanley New Sarum Sparta
Central Elgin
Belmont Union
Lynhurst Eastwood
Norman Lyndale
Dutton Wallacetown
Dutton-
Dunwich
Iona
Iona Station
Duttona Beach
Springfield Lyons
Malahide
Port Bruce Kingsmill Corners
Orwell Avon
Copenhagen Summers Corners
South Gore
Luton
Mount Salem
Calton
Ferndale Lynhurst Talbotville
Southwold
Paynes Mills
Shedden
Fingal
Lawrence Station
Iona Station
Iona
Southwold Station
Frome
Middlemarch
Rodney New Glasgow Clachan
West Elgin
West Lorne Eagle
B2.6 NEW DEVELOPMENT IN EXISTING SETTLEMENT AREAS
In cases where new is proposed outside of a built up
development
area, but within a boundary, it shall be
settlement area
demonstrated that:
31
County of Elgin Official Plan
July 20, 2012
a) the new area will generally serve as a logical
development
extension to the existing built up area, is compact and
minimizes the consumption of land;
b) the scale and location of the will be in
development
conformity with the Tier 2 policies in Section B2.5 d), if the
proposed is to be on partial services;
development
c) a range of housing choices will be provided;
d) all of the other required to service the new
infrastructure
is available, and such will be
developmentinfrastructure
used as efficiently as possible; and,
e) all of the other relevant policies of this Plan have been
satisfied.
B2.7 SETTLEMENT AREA CAPABILITY STUDIES
In cases where a settlement area capability study is required by this
Plan in areas without full municipal services, such a study will be
prepared to the satisfaction of the local municipality and the County
to determine whether the can adequately
settlement area
accommodate additional on the basis of private or
development
without having a on groundwater
partial services negative impact
used for drinking purposes and/or the ability of the soils in th
to assimilate effluent. Other factors, such as the potential impacts of
new on the road network, the natural environment and
development
community facilities may also be considered. With respect to
partially serviced , there shall also be an
settlement areas
assessment of what the appropriate scale of development should
be given that infilling and rounding out is only permitted in Tier 2
as set out in Section B2.5 d) of this Plan. Such a
settlement areas
settlement capability study will provide the technical foundatio
which individual plans of subdivision or consent will be evaluated,
subject to the requirements of the appropriate agencies.
B2.7.1 Employment Area Conversions
Proposals to convert lands within an Employment or Industrial
designation in a lower tier Official Plan to another type of land use
will be reviewed through a as defined by this
comprehensive review
Plan. An Amendment to this Plan will not be required to implement
an conversion that is within a in a
employment area Settlement area
lower tier Official Plan. The intent of this policy is to ensure that an
adequate supply of employment land for a wide variety of
employment uses is available at all times in the County. In
32
County of Elgin Official Plan
July 20, 2012
considering a request to remove lands from an Employment or
Industrial designation, it shall be demonstrated that:
a) there is a need for the conversion; and,
b) the lands are not required over the long term for the
employment purposes for which they are designated.
B2.8 SETTLEMENT AREA EXPANSIONS AND NEW SETTLEMENT
AREAS
B2.8.1 General Criteria
The County's long term prosperity, environmental health and soci
well-being depends on wisely managing change and promoting
efficient land use and development patterns. On this basis, the
establishment of new s and
settlement areasettlement area
expansions may only be considered at the time of a
comprehensive
Factors to consider as part of a
review.comprehensive review
include:
a) sufficient opportunities are not available to accommodate
growth in the , the local municipality in which
settlement area
the is located, and adjacent areas within the
settlement area
County Study Area as set out in Section B2.8.2;
b) the expansion makes available sufficient lands for a time
horizon not exceeding 20 years, in the Study Area based on
the analysis provided in subsection a),
c) the timing of the expansion and the phasing of the
within the expansion area will not adversely
development
affect the achievement of the targets in this
intensification
Plan;
d) the long-term financial impact on local municipalities and the
County resulting from the expansion is minimized.
B2.8.2 Study Area
For the purposes of Section B2.8.1 a), the County will determine the
limits of the Study Area, which should take into account the loc
of the new or expansion, the availability of
settlement area
servicing, the nature of the uses proposed (employment or
residential or both) and the scale of the new or
settlement area
expansion area.
33
County of Elgin Official Plan
July 20, 2012
B2.8.3 Locational Criteria for Settlement Area Expansions
The expansion of any boundary must:
settlement area
a) serve as a logical extension to the existing built-up area and
should not be separated from existing by
development
undevelopable lands, unless such lands are within a
natural heritage feature;
significant
b) provide for the integration of new with the
development
fabric of the existing built-up area from a neighbourhood,
transportation and open space perspective;
c) only include lands on lower priority agricultural lands within
the Agricultural Area designation if no reasonable alternative
exists and provided the impact of new on
development
outside of the expansion area is minimized
agricultural uses
by applying the standards of Section C2.10(h) of this Plan;
d) meet the required
minimum distance separation formula one
setback from any adjacent livestock facilities;
(MDS I)
e) ensure that any has no on
developmentnegative impacts
natural heritage features and related ecological
significant
functions;
f) be appropriately serviced from a technical and economic
viability perspective;
g) be easily accessed by the existing transportation
infrastructure/system;
h) be located so that it can benefit from existing community
facilities or alternatively, be serviced by new community
facilities that are developed in a timely manner; and,
i) be located in close proximity to employment areas or
alternatively, includes an adequate supply of employment
lands to foster live-work relationships.
B2.8.4 Amendments to this Plan for Settlement Area Expansions or
New Settlement Areas
An Amendment to this Plan will not be required in conjunction wi
an Amendment to a local Official Plan that provides for a
expansion. An amendment to this Plan will be
Settlement area
required for the establishment of new s.
Settlement area
34
County of Elgin Official Plan
July 20, 2012
PART C: LAND USE DESIGNATIONS
This Section of the Official Plan identifies, describes and prov
policy direction with respect to the three primary land use
designations on Schedule A and the two overlays on Schedule C in
this Plan. Additional policy direction is provided through local
Official Plans.
C1 SETTLEMENT AREAS
C1.1 OBJECTIVES
The following Sections set out objectives for residential, comme
and employment areas within that are shown on
settlement areas
Schedule A of this Plan.
C1.1.1 Residential Areas
It is the objective of this Plan to:
a) maintain and the character and identity of existing
enhance
residential areas;
b) encourage the provision of a range of housing types to
accommodate persons with diverse social and economic
backgrounds, needs and desires while promoting the
maintenance and improvement of existing housing;
c) promote the efficient use of existing and planned
by supporting opportunities for various forms of
infrastructure
where appropriate;
residential intensification,
d) encourage increases in density in new areas to
development
maximize the use of and minimize the amount
infrastructure
of land required for new ;
development
e) ensure that residential areas permit a variety of
complementary and land uses including
compatiblespecial
housing, community facilities, schools, small-scale
needs
commercial uses and recreational open space areas;
f) require a high standard of urban design for and
development
and,
redevelopment;
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County of Elgin Official Plan
July 20, 2012
g) encourage local municipalities to establish comprehensive
design guidelines and policies to foster the establishment of
communities that are safe, functional and attractive.
C1.1.2 Commercial Areas
It is the objective of this Plan to:
a) encourage commercial that will provide a full
development
range of goods and services, at appropriate locations, to
meet the needs of the County's residents, employees and
businesses;
b) encourage and promote that combines
development
commercial, residential and other land uses to facilitate the
more efficient use of urban land and the establishment of a
pedestrian environment;
c) promote the efficient use of existing and planned
by creating the opportunity for various forms of
infrastructure
commercial and , where
residential intensification
appropriate;
d) protect existing commercial areas to ensure that their
function as neighbourhood and community gathering places
is retained;
e) encourage the continued revitalization of traditional and
emerging main street areas which reflects their heritage
significance and which promotes a mix of uses and
attractions for retail, other community uses and activities,
and tourism;
f) encourage urban design to improve the aesthetic quality of
retail corridors in the County to ensure that they function as
attractive destinations for shoppers from the County and the
surrounding area.
C1.1.3 Employment Areas
It is the objective of this Plan to:
a) monitor and ensure that there is a 20 year supply of land for
all types of employment uses in a number of different
settings and locations at all times;
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County of Elgin Official Plan
July 20, 2012
b) recognize that there are many types of employment in the
County and that each has different locational requirements
that are necessary to support their continued viability;
c) encourage local municipalities to protect
employment areas
from land uses which may affect the continued viability of
existing and future employment uses and their expansion in
the future;
d) encourage and promote in appropriate
development
locations that combines a mix of employment uses and
supporting uses to facilitate the more efficient use of urban
land;
e) promote the efficient use of existing and planned
by creating the opportunity for various forms of
infrastructure
, where appropriate; and,
intensification
f) require a high standard of urban design for and
development
redevelopment.
C1.2 LOCATION
The designation applies to the Tier 1 and 2
Settlement Area
s, the boundaries of which are shown on Schedule
settlement area
A to this Plan, and the Tier 3 s as identified with
settlement area
symbols on Schedule A to this Plan. These s are
settlement area
also identified in Table 3.
C1.3 HOUSING POLICIES
C1.3.1 Goals
It is the goal of this Plan to meet the County's current and fut
housing needs by:
a) monitoring and ensuring that there is a 20 year supply of
land for residential with sufficient water and
development
wastewater capacity;
b) ensuring the provision of an appropriate range of housing
types and densities to meet the needs of current and future
residents;
c) assisting in the achievement of and
residential intensification
by encouraging opportunities for mixed-
affordablehousing
use in appropriate locations;
development
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County of Elgin Official Plan
July 20, 2012
d) encouraging the use of surplus public lands for affordable
housingonly if the site is appropriate for such a use and
located where the use would be with adjacent
compatible
uses;
e) encouraging the of seniors housing in the
development
County;
f) encouraging the provision of alternative forms of housing for
groups;
special needs
g) supporting universal physical access and encourage the
building industry to incorporate such features in new
residential structures;
h) encouraging the and of lands
developmentredevelopment
within and in appropriate locations at higher
settlement areas
densities to maximize the use of ; and,
infrastructure
i) encouraging the of brownfield properties and
redevelopment
incentives to achieve same.
C1.3.2 General Policies
The County supports:
a) and within
residential intensificationredevelopment
, where an appropriate level of physical
settlement areas
services is or will be available in the immediately foreseeable
future and subject to the policies of this Plan. In this regard,
the County will require that 15 percent of all
development
occur by way of and
residential intensification
;
redevelopment
b) the provision of alternative forms of housing for
special
groups and , where possible;
needsemergency housing
c) the maintenance and improvement of the existing housing
stock. This shall be encouraged through local maintenance
and occupancy standards by-laws; and,
d) the utilization of available programs and/or funding, if any,
from applicable levels of government for assisted housing for
households, including those with , as well as
special needs
programs to rehabilitate older residential areas.
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County of Elgin Official Plan
July 20, 2012
Local municipalities are also required to establish local Official Plan
policies and Zoning By-law provisions to allow second units in
detached, semi-detached, row houses and ancillary structures.
Local municipalities are also encouraged to include local Official
Plan policies with respect to garden suites. Encouraging the
establishment of second units and garden suites will also assist in
meeting residential intensification targets and the provision of
affordable housing.
C1.3.3 Affordable Housing
The County supports the provision of housing which is affordable
. In this regard the minimum
low and moderate income households
target for the provision of housing which is affordable in Elgin
County is 20%. In addition, affordable means:
a) in the case of ownership housing, the least expensive of:
i) housing for which the purchase price results in annual
accommodation costs which do not exceed 30
percent of gross annual household income for
low
; or
and moderate income households
ii) housing for which the purchase price is at least 10
percent below the average purchase price of a resale
unit in the regional market area.
The average purchase price of a resale unit in the regional
market area for 2011 was $197,506 in the Elgin regional
market area; applying a 10 percent discounting to this
average purchase price provides a benchmarkÈ of $179,341.
Ç
This average purchase price figure will change over time as
a result of fluctuating mortgage costs, utility rates, and the
vagaries of the housing market over which the County has
no control. The County will; however, monitor the average
purchase price on an annual basis.
b) in the case of rental housing, the least expensive of:
i) a unit for which the rent does not exceed 30 percent
of gross annual household income for
low and
; or,
moderate income households
ii) a unit for which the rent is at or below the average
market rent of a unit in the regional market area.
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County of Elgin Official Plan
July 20, 2012
C1.4 LAND SUPPLY
It is a policy of this Plan to maintain a ten year supply of lan
through , redevelopment and if necessary
residential intensification,
lands for residential , and a
designated and availabledevelopment
three year supply of land zoned in local municipal zoning by-laws
for and residential lots/units in registered
residential intensification
and draft plan approved subdivisions.
C1.5 DOWNTOWN AREAS
It is a policy of this Plan that the scale and location of new
in the downtown or main street areas identified in local
development
Official Plans maintain and/or the existing character of
enhance
these areas. This will be accomplished by encouraging:
a) the of diverse, land uses in close
developmentcompatible
proximity to each other;
b) the maximum use of existing buildings to accommodate a
wide range of uses, with an emphasis on using upper level
space for offices, residential uses and other uses;
c) the establishment and maintenance of a streetscape that is
pedestrian oriented;
d) the preservation and enhancement of the cultural and
historic features that exist in these areas;
e) partnerships and collaboration between local municipalities
and service delivery groups such as Business Improvement
Areas, Business Associations, Chambers of Commerce
and/or Local Heritage Committees; and,
f) the physical and aesthetic improvement of these areas
through their designation as community improvement plan
areas.
C2 AGRICULTURAL AREA
C2.1 OBJECTIVES
It is the objective of this land use designation to:
a) recognize agriculture as the primary activity and land use;
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County of Elgin Official Plan
July 20, 2012
b) maintain and preserve the agricultural resource base of the
County;
c) protect the CountyÈs from
prime agricultural area
fragmentation, and land uses unrelated to
development
agriculture;
d) promote and to protect the right to
normal farm practices
farm;
e) promote a diverse, innovative and economically strong
agricultural industry and associated activities by enhancing
their capacity to contribute to the economy of the County;
and,
f) preserve and promote the agricultural character of the
County and its local communities.
C2.2 LOCATION
All lands designated Agricultural Area as shown on Schedule A to
this Plan apply to lands that are not otherwise designated as
. These lands are considered to be the CountyÈs
Settlement areas
as defined. It is recognized that certain
prime agricultural area
lands outside of have been designated for non-
settlement areas
agricultural by the lower tier Official Plansand these
development
lands are deemed to not be within the and
prime agricultural area
are instead subject to the relevant policies of this Plan and the
policies of the lower tier Official Plan.
C2.3 PERMITTED USES
Permitted uses in the Agricultural Area designation are:
a) ;
agricultural uses
b) a single detached dwelling in conjunction with an
agricultural
;
use
c) a single detached dwelling on an existing vacant lot, subject
to the policies of the lower tier Official Plan;
d) accessory accommodation subject to Section C2.5;
e) agriculture-related uses subject to Section C2.6;
f) subject to Section C2.7;
secondary uses
41
County of Elgin Official Plan
July 20, 2012
g) subject to Section C2.8;
farm winery
h) forest, wildlife and fisheries management;
i) watershed management and flood and erosion control
projects carried out or supervised by a public agency;
j) passive non-motorized recreational uses, such as nature
viewing and pedestrian trail activities;
k) conservation uses; and,
l) temporary agricultural demonstration events such as a
plowing match, subject to lower tier approvals as required.
All uses in the Agricultural Area designation shall be designed,
located and managed to not detract from the primary role of the
Agricultural Area as set out in Section C2.1 of this Plan.
C2.4 LOT CREATION/CONSENTS
Policies respecting the creation of new lots on lands designated
Agricultural Area are set out in Section E1.2.3 of this Plan.
C2.5 ACCESSORY ACCOMODATION ON FARM PROPERTIES
The establishment of additional accommodation on a farm for full-
time farm labour is permitted, provided it can be demonstrated that
the size and nature of the operation requires additional employm
and the lands are appropriately zoned and provided the local
Official Plan permits this type of use. Temporary structures are the
preferred method for accommodating additional farm help, which
recognizes the changing nature of a farm operation.
The future severance of the lands that are the site of the acces
accommodation use is not permitted.
C2.6 AGRICULTURE-RELATED USES
For the purposes of this Official Plan, small scale farm-related
commercial and farm-related industrial uses which are directly
related to agriculture and primarily serve the agricultural oper
by adding value to, or retaining the value of, an agricultural
commodity produced by that operation are deemed to be
agriculture-related uses. Such uses may also provide direct service
to other agricultural operations in close proximity on a seconda
basis. Examples of such uses include, but are not limited to:
agricultural storage and processing facilities involving the storage
42
County of Elgin Official Plan
July 20, 2012
and processing of crops and/or livestock and/or related items (s
as cheese and milk) from a local farm operation in the area.
C2.7 SECONDARY USES
For the purposes of this Plan, the following uses are deemed to
:
secondary uses
a) ;
Home occupations
b) subject to Section C2.7.2 of this Plan;
Home industries
c) Agricultural research and training uses subject to Section
C2.7.3 of this Plan;
d) Farm related tourism establishments subject to Section
C2.7.4 of this Plan;
e) Farm vacation homes or bed and breakfast establishments
(with up to 6 rooms) subject to C2.7.5 this Plan;
f) subject to Section C2.7.6 of this Plan; and,
Estate wineries
g) Seasonal homegrown produce stands.
C2.7.1 Characteristics of a Secondary Use
A is any land use that is secondary to the principle
secondary use
use on a property. If the principle use is agriculture, then th
secondary use must be accessory to and subordinate to the
. If the principle use on the property is residential in
agricultural use
the form of a single detached dwelling, then the
secondary use
must be accessory and subordinate to the single detached dwelling.
Factors to consider by municipalities in determining whether a use
is a include:
secondary use
a) the amount of land devoted to the secondary use in
comparison to the amount of land devoted to the principle
use;
b) the size of the building housing the secondary use in relation
to the sizes of building(s) accommodating the principle use;
c) the nature of the secondary use itself and whether the use is
operated by the owner of the property;
43
County of Elgin Official Plan
July 20, 2012
d) the number of people employed by the secondary use in
relation to the number of people employed by the principle
use;
e) the extent to which retail sales occur as a component of the
secondary use; and,
f) the amount of traffic generated by the secondary use in
relation to the principle use on the property.
Local municipalities are encouraged to permit in
secondary uses
their Official Plans and implementing zoning by-laws as
appropriate.
C2.7.2 Home Industries
may be permitted, subject to the policies of the
Home industries
local Official Plan provided that:
a) the building housing the is generally located
home industry
within the existing farm-building cluster, if located on a farm
property;
b) the and the principle use generally rely upon
home industry
the same water and sewer and the driveway
infrastructure
from the public road;
c) the has a floor area that is consistent with the
home industry
scale of uses on the property;
d) the noise, dust and odour that could potentially emanate
from the use will not have an adverse impact on adjacent
properties;
e) the type and level of traffic generated by the use is
with the character of the area and the function of
compatible
adjacent roads;
f) the operator of the permanently resides on
home industry
the property;
g) all machinery and equipment, with the exception of motor
vehicles, required for the is generally located
home industry
within enclosed buildings;
h) any permitted open storage associated with the
home
is screened from view and located within a fenced
industry
compound;
44
County of Elgin Official Plan
July 20, 2012
i) the number of employees is limited; and,
j) any retail component of the is clearly
home industry
accessory to the and does not detract from
home industry
the primary use of the property or adjacent properties.
C2.7.3 Agricultural Research and Training Establishments
The of agricultural research and training
development
establishments is encouraged in the County. Such uses may be
permitted subject to the policies of the local Official Plan, provid
that:
a) the use is related to and will benefit the agricultural industry
b) the use will assist in the furthering of knowledge in the
agricultural sector of the economy;
c) the use will assist local farmers through training and the
identification of improved farming methods and procedures;
d) the proposed use shall not have a on the
negative impact
enjoyment and privacy of neighbouring properties;
e) adequate on-site parking facilities are provided for the use, in
addition to the parking required for the principal use on the
property, and such parking is provided in locations
with surrounding land uses;
compatible
f) the agricultural research and training establishment and the
principle use generally rely upon the same water and sewer
and the driveway from the public road;
infrastructure
g) the proposed access to the site will not cause a traffic
hazard;
h) the proposed use can be serviced with an appropriate water
supply and an appropriate means of sewage disposal;
i) the proposed use does not negatively detract from the rural
character of the area through the establishment of a built
form that is incompatible with the rural surroundings; and,
j) the building housing the proposed use is located within the
existing farm-building cluster where possible and shall utilize
a common driveway with the principal use of the property.
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County of Elgin Official Plan
July 20, 2012
C2.7.4 Farm Related Tourism Establishments
Given the proximity of the County to major urban areas, the Coun
supports the of uses that highlight the importance and
development
value of the agricultural economy. On this basis, uses such as f
machinery and equipment exhibitions (on a temporary basis), farm
tours, petting zoos, hay rides and sleigh rides, processing
demonstrations, pick-your-own produce establishments, small-scale
farm theme playgrounds for children and small-scale educational
establishments that focus on farming instruction are permitted in the
Agricultural Area designation as an secondary use on a farm
subject to the policies of the local Official Plan provided that
a) the proposed use shall not have a on the
negative impact
enjoyment and privacy of neighbouring properties;
b) adequate on-site parking facilities are provided for the use,
in addition to the parking required for the principal use on the
property, and such parking is provided in locations
with surrounding land uses;
compatible
c) the proposed access to the site will not cause a traffic
hazard;
d) the proposed use the rural character of the County
enhances
through the preservation of historic barns and/or the
establishment of a built form that is with the rural
compatible
surroundings; and,
e) the building housing the proposed use and the principle use
generally rely upon the same water and sewer
infrastructure
and the driveway from the public road.
Overnight camping, amusement parks and recreational uses are
not permitted.
C2.7.5 Farm Vacation Homes or Bed and Breakfast Establishments
Farm vacation homes and bed and breakfast establishments with
up to 6 rooms for the temporary accommodations of guests are
permitted subject to the policies of the local Official Plan pro
that:
a) the use shall not have an adverse effect on the enjoyment
and privacy of neighbouring properties;
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County of Elgin Official Plan
July 20, 2012
b) the farm vacation home is the principal residence of the
owner and operator;
c) the character of the dwelling as a private residence is
preserved;
d) adequate parking facilities are available on the lot for the
proposed use;
e) the use will not cause a traffic hazard; and,
f) the use can be serviced with an appropriate water supply
and an appropriate means of sewage disposal.
C2.7.6 Estate Winery
may be permitted subject to the policies of the local
Estate wineries
Official Plan subject to the following:
a) A minimum of 8 hectares must be planted with vines;
b) The retail sale of wine and wine related products, and a
hospitality room where food and wine is prepared and
served, will be permitted when such uses are accessory to
complement the
estate winery;
c) The maximum total floor area for retail and hospitality uses
2
shall be 400m so as not to detract from the main use of the
land and not adversely affect other uses permitted in the
area;
d) shall be required to locate with direct access
Estate wineries
and frontage onto an improved public roadway maintained
year round with sufficient capacity to accommodate the
anticipated traffic;
e) shall be subject to a local Zoning By-law
Estate wineries
Amendment and Site Plan and Site Plan Agreement
approval by the municipality. The following matters must be
addressed to the satisfaction of the municipality:
i) appropriate water supply and means of sewage
disposal;
ii) best practices for drainage and outlets for stormwater
run-off;
iii) entrances and exits to roads;
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County of Elgin Official Plan
July 20, 2012
iv) off-street loading, parking spaces;
v) outside storage;
vi) buffering/screening, landscaping; and,
vii) outdoor areas to be used by the public (e.g. patios).
C2.8 FARM WINERY
Farm wineries may be permitted subject to the policies of the lo
Official Plan and subject to the following:
a) A minimum of 2 hectares must be planted with vines;
b) The fruit used in the annual production of wine at a
farm
shall consist predominately of fruit grown in the
winery
County of Elgin by thatoperation. This may be
farm winery
reduced in any one year due to crop failure or damage
resulting from causes beyond the control of the winery, such
as climate and precipitation abnormalities, with the balance
being from Ontario fruit; and,
c) The retail sale of wine produced on-site shall be permitted,
provided that it does not conflict with any minimum floor area
requirement for licensing approval, on-site tasting room and
2
retail floor space shall not exceed the lesser of 75mor 25
percent of the total winery floor area (excluding any below
ground floor area). The on-site retail floor space for non-
agricultural and/or non Elgin County agricultural products,
shall not exceed 5 percent of the total retail floor space.
C2.9 RECREATIONAL AND OTHER NON-AGRICULTURAL USES
The of new recreational uses and expansions to
development
existing recreational uses, such as golf courses and driving rang
and cemeteries is not permitted on lands designated Agricultural
Area by this Plan since it is the intent of this Plan to protect
which are suitable for for the long term. However,
agricultural uses
applications to amend the local Official Plan to develop such uses
may be considered subject to the submission of appropriate
studies, including an Agricultural Impact Assessment, that
demonstrates to the satisfaction of the County that:
a) there is a need within the planning horizon of this Plan for
the proposed use;
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County of Elgin Official Plan
July 20, 2012
b) the lands do not comprise a ;
specialty crop area
c) there are clearly no other reasonable alternatives that are
outside of ;
prime agricultural areas
d) there are no reasonable alternative locations in
prime
with lower priority agricultural lands;
agricultural areas
e) the proposed use will not be located in an area that may
have an impact on the efficient and logical expansion of
nearby urban areas;
f) the proposed use meets the required MDS I setback
distances; and,
g) impacts from any new or expanding non- on
agricultural uses
surrounding agricultural operations and lands should be
minimized to the extent feasible.
Site-specific local Official Plan Amendments of this nature will not
require an Amendment to this Plan.
C2.10 COMPATIBILITY OF AGRICULTURAL USES WITH OTHER
LAND USES
The following land use compatibility policies apply to agricultu
operations and non-agricultural operations in the County:
a) In order to provide farmers with the ability to carry out
normal
, all new , including
farm practicesdevelopmentdevelopment
on existing lots of record, shall be set back from agricultural
operations in accordance with the
minimum distance
, as amended. on lands
separation one formulaDevelopment
within the designation is exempt from this
settlement area
policy.
b) New and/or expanded livestock facilities shall be set back
from existing non- in accordance with the
agricultural uses
, as amended.
minimum distance separation two formula
c) The
minimum distance separation one and two formulae
shall be included in local zoning by-laws, as appropriate and
in accordance with this Plan and the local Official Plans.
d) Lower tier municipalities will be required to determine in their
planning documents whether the
minimum distance
will apply to surplus farm dwellings
separation one formula
or after a catastrophe that destroys part or all of a dwelling,
49
County of Elgin Official Plan
July 20, 2012
providing the resulting new dwelling is built no closer to
surrounding livestock facilities than before the catastrophe.
e) Lower tier municipalities will be required to determine in their
planning documents whether the
minimum distance
formula will apply in the case of a
separation two
catastrophe that destroys part or all of a livestock facility,
provided the resulting livestock facility is built no closer to
surrounding development than before the catastrophe and
only where the rebuilt livestock facility houses the same or
fewer nutrient units and the manure/material type as well as
the odour potential are the same or less. In addition, lower
tier municipalities will be required to identify in their planni
documents which, if any, cemeteries will be treated as a
Type A land use when the cemetery is closed and/or
receives low levels of visitation, where in the absence of this
information all cemeteries shall be treated as a Type B land
use for the purposes of MDS II.
f) Nothing in this Plan shall limit the ability of farmers to carry
out in accordance with the Farming
normal farm practices
and Food Production Protection Act.
g) Existing are permitted within the
agricultural usessettlement
designation with the exclusion of new livestock
area
facilities.
h) Proposals for within a
developmentsettlement area
boundary shall be carefully planned to ensure that any
potential impacts from adjacent agriculture operations are
mitigated to the extent feasible, through the establishment of
buffers, berms and subdivision design. The impacts of new
such on adjacent agricultural lands should also
development
be considered and the approval authority may require the
erection of fencing as a condition of approval to ensure that
new residents and others do not trespass on adjacent
agricultural land.
Other criteria may be established by local municipalities in
accordance with Provincial guidelines.
C2.11 SUPPORTING AGRICULTURE IN ELGIN COUNTY
It is a policy of this Plan to encourage all levels of governmen
develop and implement programs and plans to support and sustain
agriculture in Elgin, which may include, among others, the
following:
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County of Elgin Official Plan
July 20, 2012
a) the creation of an agricultural advisory committee to provide
advice and act as a direct and on-going liaison between the
agricultural community and County ;
Council
b) the development of an economic development and
investment strategy for agriculture in Elgin;
c) the marketing and promotion of local agricultural products to
Elgin communities;
d) the provision of financial support to promote environmental
stewardship including the preparation of Environmental Farm
Plans and Nutrient Management Plans, and preservation
and enhancement of natural areas and functions;
e) the establishment of fiscal tools including innovative tax
policies, reduced development charges, and venture capitals
for innovative agriculture;
f) the development and implementation of education programs
to promote public awareness and support for the agricultural
industry; and,
g) the use of Community Improvement Plans under the
Planning Act to promote agriculture.
C2.12 FUTURE SPECIALTY CROP AREAS
Currently, there are no lands designated for specialty crops in
County. However, it is recognized that the CountyÈs location along
the Lake Erie shoreline provides a climatic advantage for the
growing of specialty crops. That, coupled with the high quality
found in Elgin means the County has the potential to accommodate
a diverse variety of specialty crops. Consequently, the County may
identify with assistance from the Province. Any
specialty crop areas
future identification of will be implemented by
specialty crop areas
way of amendment to this Plan, including the addition of appropriate
policies related to .
specialty crop areas
C3 PROVINCIALLY SIGNIFICANT WETLANDS
C3.1 OBJECTIVE
It is the intent of this Plan to identify
Provincially Significant
and to prohibit and
Wetlands and Coastal Wetlandsdevelopment
within these .
site alterationwetlands
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County of Elgin Official Plan
July 20, 2012
C3.2 LOCATION
The Provincially designation is intended to
Significant Wetlands
identify and protect Provincially
Significant Wetlands and Coastal
as classified by the Ministry of Natural Resources, as
Wetlands
identified on Schedule A to this Plan.
C3.3 PERMITTED USES
and is not permitted in Provincially
Development site alteration
and Permitted uses in the
SignificantWetlandsCoastalWetlands.
Provincially designation are limited to:
Significant Wetlands
a) forestry in the form of reforestation and regeneration, and
excluding commercial logging and managed woodlots; and,
b) uses connected with the conservation of water, soil, wildlife
and other natural resources.
C3.4 DEVELOPMENT POLICIES
policies are contained in Section D1.1 and D1.2 of
Development
this Plan.
C4 AGGREGATE RESOURCE AREA AND PETROLEUM
RESOURCE AREAS
C4.1 OBJECTIVES
It is the objective of this Plan to:
a) recognize existing pits and quarries and protect them from
activities that would preclude or hinder their continued use or
expansion;
b) protect known and areas of
deposits of aggregate resources
potential for potential future
mineral aggregate resources
extraction;
c) ensure that new pits and quarries, and petroleum exploration
and production will not have a on
negative impactsignificant
natural heritage features and related ;
ecological functions
d) ensure that the haul routes used are appropriate;
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County of Elgin Official Plan
July 20, 2012
e) ensure that extractive activities are carried out in a manner
that minimizes environmental and social impacts; and,
f) ensure the progressive rehabilitation of pits and quarries to
an appropriate after-use.
C4.2 LOCATION
Petroleum resource areas and known ,
mineral aggregate resources
as identified by the local Official Plans and are shown on Sched
C. As these areas are based on approved and proposed
(unapproved) local Official Plans at the time of adoption of this
Plan, the boundaries of these areasare considered to be
approximate and therefore, there should be reliance upon approve
local Official Plans in this regard. There is potential for
deposits of
to exist outside of the areas mapped
mineral aggregate resources
on Schedule C for which there were no records existing at the time
of this Plan. The policies of this Plan apply to all mineral aggregate
resource areas, regardless of whether or not they are delineated on
Schedule C.
C4.3 POLICIES
C4.3.1 New or Expanding Operations
The of a new or the expansion of an
developmentpit or quarry
existing is subject to the policies of the local Official
pit or quarry
Plans and may require an Amendment to permit the use.
Petroleum exploration and production under the Oil, Gas and Salt
Resources Act is permitted except in and is
settlement areas
subject to the policies of the local Official Plans and may requ
Amendment to permit the use.
C4.3.2 Development Adjacent to Lands in Aggregate Resources Area
Overlay
When new requiring a Planning Act approval is
development
proposed within 300 metres of a pit or 500 metres of a , the
quarry
approval authority shall be satisfied that the proposed use is
with the current and future operation of the
compatiblepit or quarry.
In some cases, setbacks between the uses may be required to
minimize conflicts. In order to determine if a new use is ,
compatible
the development proponent will be required to demonstrate that the
proposed use shall provide for the necessary mitigation of impac
arising from the existing , including future phases that
pit or quarry
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County of Elgin Official Plan
July 20, 2012
are under license but are yet to be extracted, to meet applicabl
Provincial standards, regulations and guidelines.
C4.3.3 Mineral Aggregate Operations on Lands in Agricultural Area
Designation
On lands designated Agricultural Area, extraction of mineral
aggregates is permitted as an interim use provided that
rehabilitation of the site will be carried out whereby substantially the
same areas and same average soil quality for agriculture are
restored. On these lands, complete agricultural rehabilitation
required if:
a) there is a substantial quantity of mineral aggregates below
the water table warranting extraction; or
b) the depth of planned extraction in a makes restoration
quarry
of pre-extraction agricultural capability unfeasible; and,
c) other alternatives, including resources in areas of Canada
Land Inventory Class 4 to 7 soils and resources on
prime
where rehabilitation is feasible, have been
agricultural lands
considered by the applicant and found unsuitable; and,
d) agricultural rehabilitation in remaining areas will be
maximized.
C4.3.4 Wayside Pits and Quarries
and
Wayside pitsandquarries, portable asphalt plantsportable
for public road works shall be permitted in all areas,
concrete plants
except areas where such a use is not permitted in accordance with
Provincial regulations and guidelines.
C4.3.5 Protection of Resource Areas
C4.3.5.1 Mineral Aggregate Resources Areas
It is the policy of this Plan that areas adjacent to or in known
deposits of be protected from uses
mineral aggregate resources
and/or activities that may preclude or hinder the effective and/
economical extraction of aggregate in the future.
It is the policy of this Plan to require that Official Plan Amend
Zoning By-law Amendment and consent applications on lands that
are wholly or partially within 300 metres of a sand and gravel
deposit, and that has the potential to preclude or hinder continued
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County of Elgin Official Plan
July 20, 2012
extraction or expansion to existing operations or the establishm
of new operations or access to mineral resources, be accompanied
by appropriate studies that demonstrate that:
a) resource use would not be feasible; or,
b) the proposed land uses or serves a greater
development
long term public interest; and,
c) issues of public health, public safety and environmental
impact have been addressed.
C4.3.5.2 Petroleum Resource Areas
Petroleum resource operations shall be protected from
and activities that would preclude or hinder their
development
expansion or continued use or which would be incompatible for
reasons of public health, public safety or environmental impact.
exploration and production activities are to be in compliance with
the Oil, Gas and Salt Resources Act regulations and Provincial
Operating Standards thereto.
New shall be set back 75 metres from existing
development
petroleum wells and associated works, with this setback being
equivalent to the required setback under the Oil, Gas and Salt
Resources Act for new wells from existing .
development
Where is proposed adjacent to or above known pools
development
or deposits, shown on Schedule C as petroleum resource areas the
Province shall be consulted regarding measures to allow possible
future access for resource production purposes. and
Development
activities which will preclude or hinder the establishment of ne
operations or access to the resources shall only be permitted if
a) resource use would not be feasible; or,
b) the proposed land use or serves a greater
development
long-term public interest; and,
c) issues of public health, public safety and environmental
impact area have been addressed.
on, abutting or adjacent to lands affected by former
Development
petroleum resource operations may be permitted only if
rehabilitation measures to address and mitigate known or
suspected hazards are under-way or have been completed.
shall be remediated as necessary prior to any
Contaminated sites
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County of Elgin Official Plan
July 20, 2012
activity on the site associated with the proposed use such that
will be no .
adverse effects
Rehabilitation to accommodate subsequent land uses shall be
required after extraction and other related activities have ceased.
Progressive rehabilitation should be undertaken wherever feasibl
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County of Elgin Official Plan
July 20, 2012
PART D: NATURAL HERITAGE, WATER AND NATURAL
HAZARDS
D1.1 OBJECTIVES
It is the objective of this Plan to:
a) identify known to protect those
natural heritage features and
features and their from incompatible
ecological functions
;
uses
b) raise the publicÈs awareness that these
natural heritage
are important to the County of Elgin and to its local
features
municipalities and should be protected for future generations;
c) maintain, restore or where possible, improve the diversity and
connectivity of natural features in an area, and the
ecological
and biodiversity of
functionnatural heritage systems
recognizing linkages between and among
natural heritage
, and
features and areassurface water features ground water
;
features
d) protect, improve or restore the
quality and quantity of water;
e)identify , ,
surface water featuresground water features
and
hydrologic functions natural heritage features and areas
which are necessary for the ecological and hydrological
integrity of the ;
watershed
f) implementing necessary restrictions on and
developmentsite
to: protect all municipal drinking water supplies and
alteration
designated vulnerable areas; and protect, improve or restore
vulnerable surface and ground water, sensitive
surface water
and sensitive ground water features, and their
features
hydrologic functions;
g) maintain linkages and related functions among
surface water
, , and
featuresground water featureshydrologic functions
; and,
natural heritage features and areas
h) direct and site alternation to areas outside
development
adjacent to the shorelines of Lake Erie
hazardous lands
which are impacted by ,
flooding hazardserosion hazards
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County of Elgin Official Plan
July 20, 2012
and/or dynamic beach hazards; adjacent to
hazardous lands
river, stream and small inland lake systems which are
impacted by and/or ; and
flooding hazardserosion hazards
hazardous sites.
D1.2 NATURAL HERITAGE
D1.2.1 Establishing a Natural Heritage System
The County of Elgin is committed to maintaining and promoting a
healthy natural environment and protecting its unique and specia
natural heritage features for the present generation and all
successive generations. Therefore, an ecosystem based planning
and management approach is required to guide the land use
decision-making process. This approach must emphasize that
not only protect and manage but also
developmentecosystems
include the objective of enhancing and restoring
ecosystems
appropriately.
The diversity and connectivity of natural features in an area, a
the long term and biodiversity of
ecological functionnatural heritage
, should be maintained, restored or where possible,
systems
improved, recognizing linkages between and among
natural
, and
heritage features and areassurface water features
. It is a policy of this Plan that the
groundwater features
establishment of a be considered at the
natural heritage system
time of next Official Plan Review.
D1.2.2 Mapping of Natural Heritage Features in this Plan
All natural heritage features are considered to be important to
County. While the location and significance of these features h
yet to be determined in some cases, all of these features need t
considered when applications for development and site alteration
are being evaluated. It is recognized that additional natural he
features will be identified by the County, local municipalities,
applicable Conservation AuthorityÈs or the Ministry of Natural
Resources.
Appendix Map 1 is intended to reflect the following
natural heritage
:
features and areas
a)
Provincially Significant Wetlands and Coastal Wetlands
(which are also shown on Schedule A);
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County of Elgin Official Plan
July 20, 2012
b)
Provincially Significant Areas of Natural and Scientific
Interestand;
c) woodlands.
The boundaries of these features and areas areconsidered to be
approximate. This Plan is not intended to limit the ability of existing
to continue on lands that are identified on
agricultural uses
Appendix Map 1 and on .
adjacent lands
D1.2.3 Development and Site Alteration
a) and shall not be permitted in
Development site alteration
significant habitat of endangered species and threatened
species, significant wetlands and significant coastal
wetlands.
b)and shall not be permitted in
Development site alteration
i)
significant woodlands;
ii)
significant valleylands;
iii) ; and,
significant wildlife habitat
iv)
significant areas of natural and scientific interest
unless it has been demonstrated that there will be no
on the natural features or their
negative impacts ecological
.
functions
c)and shall not be permitted in
Development site alteration fish
except in accordance with Provincial and Federal
habitat
requirements.
D1.2.4 Significance
a) The responsibility for determining the significance of
significant habitat of endangered species and threatened
species, significant wetlands, significant coastal wetlands
and
significant areas of natural and scientific interest rests
with the Province of Ontario.As new information becomes
available, this Plan shall be amended as appropriate to
ensure that the information is as up to date as is feasible.
b) This Official Plan does not contain criteria to determine
whether the woodlands shown on Appendix Map 1 are
A woodland would be classified as being
significant.
if it is determined to be an area which is
significant
ecologically important in terms of features such as species
composition, age of trees and stand history; functionally
59
County of Elgin Official Plan
July 20, 2012
important due to its contribution to the broader landscape
because of its location, size or due to the amount of forest
cover in the planning area; or economically important due to
site quality, species composition, or past management
history.
However, the determination of significance cannot be made
on a case-by-case basis in the absence of a County study
that reviews the nature, location and type of
woodland
features that exist. As a consequence, it is a policy of this
Plan that the County will establish the criteria for determining
significance at the time a is
natural heritage system
established.
c) This Official Plan does not contain criteria to determine what
areas or in the County are
valleyland wildlife habitat areas
significant. These features would be considered significant if
they are consider to be ecologically important in terms of
features, functions, representation or amount, and
contributing to the quality and diversity of an identifiable
geographic area or . Given that a
natural heritage system
has not been established by this
natural heritage system
Plan, it is a policy of this Plan that the County will establish
the criteria for determining significance at the time a
natural
is established.
heritage system
D1.2.5 Significant Habitat of Endangered Species and Threatened
Species
The significanthabitat of and
endangered speciesthreatened
is not shown on Appendix Map 1. Species at Risk are
species
identified as extirpated, endangered, threatened or species of
special concern on the Species at Risk in Ontario List. The Mini
of Natural Resources (MNR) administers the
Endangered Species
Act, 2007 (ESA) to protect and conserve species at risk and thei
habitats. Under the ESA, the MNR is responsible for identifying and
approving general and regulated habitat, as well as giving technical
advice on species at risk and their habitats. The technical advi
provided under the ESA supports the implementation of natural
heritage policies found within the Provincial Policy Statement,
(PPS). For the purposes of the PPS, MNR is responsible for
approving the delineation of significanthabitat for species identified
as endangered and threatened.
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County of Elgin Official Plan
July 20, 2012
Environmental Impact Studies or other planning reports may help
with identifying the extent of the habitat of and
endangered species
threatened species.
The significanthabitat of and
endangered speciesthreatened
will be based on an evaluation of the following
species
considerations:
a) Assessments reviewed and approved by the Ministry of
Natural Resources regarding the extent of the speciesÈ
habitat;
b) Habitats or areas delineated by MNR and/ or regulated under
the ESA; and,
c) Habitat that is necessary for the maintenance, survival,
and/or the recovery of naturally occurring or reintroduced
populations of or threatened species,
endangered species
and where those areas of occurrence are occupied or
habitually occupied by the species during all or any part(s) of
its life cycle.
and shall not be permitted on the
Developmentsite alteration
adjacent lands to significanthabitat of and
Endangered Species
Threatened Species, except for work authorized under the ESA.
D1.2.6 Other Natural Heritage Features
D1.2.6.1 Wetlands
are lands that are seasonally or permanently covered by
Wetlands
shallow water, as well as lands where the water table is close t
at the surface. In either case, the presence of abundant water has
caused the formation of hydric soils and has favoured the
dominance of either hydrophytic plants or water tolerant plants.
The four types of are swamps, marshes, bogs and fens.
wetlands
play a very important role in the ,
Wetlandsnatural heritage system
since they:
provide habitat for plants and animals;
store water for groundwater recharge purposes;
trap sediments, nutrients and contaminants thereby
improving downstream water quality;
provide corridors for plant and animal movements; and,
61
County of Elgin Official Plan
July 20, 2012
provide flood control and protect shorelines from erosion.
are classified by the Ministry of Natural Resources as
Wetlands
either Provincially or locally significant.
D1.2.6.2 Areas of Natural and Scientific Interest
Both Earth Science and Life Science Areas of Natural and Scienti
Interest (ANSI's) are areas of land and water containing natural
landscapes or features which have been identified as having valu
related to protection, natural heritage appreciation, scientific
or education.
D1.2.6.3 Wildlife Areas
A area is an area of land where plants, animals and
wildlife habitat
other organisms live, and find adequate amounts of food, water,
shelter and space needed to sustain their populations.
D1.2.6.4 Fish Habitat
is spawning grounds and nursery, rearing, food supply,
Fish habitat
and migration areas on which fish depend directly or indirectly in
order to carry out their life processes.
D1.2.6.5 Watercourses
All of the watercourses in the County are considered to be
environmentally since they:
significant
a) store storm and melt waters;
b) contain fish and areas;
wildlife habitat
c) function as corridors for migrating movement
wildlife habitat
and vegetation dispersal;
d) serve to maintain the (surface
quality and quantity of water
and ground water resources); and,
e) assist in the improvement of air quality.
It is the intent of this Plan to protect all watercourses from
incompatible to minimize the impacts of such
development
on their function.
development
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County of Elgin Official Plan
July 20, 2012
D1.3 GENERAL POLICIES
D1.3.1 Use of Lands in Private Ownership
Where any land within the Provincially
Significant Wetlands
designation or identified on Appendix Map 1 is held under private
ownership, this Plan shall not be construed as implying that suc
areas are free and open to the general public.
D1.3.2 Adjacent Lands
are the lands contiguous to a natural heritage
Adjacent lands
feature or area where it is likely that or
developmentsite alteration
would have a on the feature or area. For the
negative impact
purposes of this Official Plan, are defined as all
adjacent lands
lands within the specified distance of the boundary of
natural
as set out in the following Table
heritage features and areas.
ADJACENT
NATURAL HERITAGE FEATURE
LANDS
(metres)
Provincially 120
Significant Wetlands
Significant woodlands 120
Significant wildlife habitat and wildlife core areas 120
habitat of and threatened 120
Significant endangered species
species
Provincially Areas of Natural and Scientific 50
Significant
Interest à Earth Science
Provincially Areas of Natural and Scientific 120
Significant
Interest à Life Science
Significant Valleylands 120
Fish Habitat 120
No or shall be permitted on these
developmentsite alteration
unless the of the
adjacent landsecological functionadjacent lands
has been evaluated and it has been demonstrated, through an
Environmental Impact Study (EIS), that there will be no
negative
on the natural features or their .
impactecological functions
D1.3.3 Potential Natural Corridors
Natural corridors are defined as linear natural features such as
streams, , steep slopes, valleys, contiguous narrow
floodplains
and that connect two or more natural heritage
woodlandswetlands
features. While these corridors are not identified on the sched
to this Official Plan, nor within Appendix Map 1, it is the intent of the
County to identify these corridors when a is
natural heritage system
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County of Elgin Official Plan
July 20, 2012
developed in accordance with Section D1.2.1 of this Plan. These
natural corridors should be identified since they:
¥ allow for the passage of animals requiring a variety of
habitats for their survival;
¥ allow for the movement of plants and animals to other areas
thereby increasing their population;
¥ provide for reproductive interchanges for plants and animals,
thereby promoting genetic variations; and,
¥ provide escape routes for animals from predators and
natural and human disturbances.
It is the policy of this Plan that the integrity of natural corr
preserved wherever feasible to protect existing linkages and
encourage the development of new linkages.
D1.3.4 Environmental Impact Studies
Where the policies of this Plan require that an EIS be prepared,
such an EIS shall be prepared in accordance with the requirement
of this section and Appendix B of this Plan.
D1.3.4.1Purpose of an Environmental Impact Study
The purpose of an EIS is to:
a) collect and evaluate the appropriate information in order to
have a complete understanding of the boundaries, attributes
and functions of and associated
natural heritage features
ecological and that exist;
hydrological functions
b) to determine whether there are any additional
natural
on the lands and ; and,
heritage featuresadjacent lands
c) make an informed decision as to whether or not the
proposed and/or will have a
developmentsite alteration
on the and
negative impactnatural heritage features
ecological and .
hydrological functions
The approval authority, in consultation with the appropriate
, must be satisfied with an EIS prior to the
Conservation Authority
granting of approvals. The recommendations of an
development
EIS shall be implemented through Official Plan amendments,
zoning by-laws, subdivision conditions, site plan control, and/or
applicable regulations.
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County of Elgin Official Plan
July 20, 2012
D1.3.4.2 What an Environmental Impact Study Should Demonstrate
Before is approved in the area subject to the EIS, the
development
EIS shall demonstrate that the relevant policies of this Plan an
local Official Plan are met. The EIS should also demonstrate tha
the use will not have a on
negative impactsignificantnatural
and related .
heritage featuresecological functions
D2 WATER RESOURCES
D2.1 Improving, protecting and restoring
The County and local municipalities shall protect, improve or
restore the quality and quantity of water by:
a) using a watershed as the ecologically meaningful scale for
planning;
b) minimizing potential , including cross-
negative impacts
jurisdictional and cross-watershed impacts;
c) identifying , ground water features,
surface water features
hydrologic functions and
natural heritage features and areas
that are necessary for the ecological and hydrological
integrity of the watershed;
d) implementing necessary restrictions on and
development
to:
site alteration
i) protect all municipal drinking water supplies and
designated vulnerable areas; and,
ii) protect, improve or restore vulnerable surface and
ground water, sensitive and
surface water features
sensitive ground water features, and their hydrologic
functions;
e) maintaining linkages and related functions among
surface
, ground water features, hydrologic functions
water features
and ;
natural heritage features and areas
f) promoting efficient and sustainable use of water resources,
including practices for water conservation and sustaining
water quality;
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County of Elgin Official Plan
July 20, 2012
g) ensuring stormwater management practices minimize
stormwater volumes and contaminant loads, and maintain or
increase the extent of vegetative and pervious surfaces; and,
h) promoting the use of sustainable and low impact
development stormwater strategies and practices.
Source water protection plans are currently being prepared for
Elgin County. Appropriate and relevant policies and mapping fro
these source water protection plans will be implemented by way o
amendment to this Plan.
D2.2 Restriction on Development and Site Alteration
a) shall be restricted in or near
Development and site alteration
sensitive and sensitive ground water
surface water features
features such that these features and their related hydrologic
functions will be protected, improved or restored.
b) Mitigative measures and/or alternative
development
approaches may be required in order to protect, improve or
restore sensitive , sensitive ground
surface water features
water features, and their hydrologic functions.
D3 NATURAL AND MAN-MADE HAZARDS
D3.1 Hazardous Lands
are lands that could be unsafe for
Hazardous landsdevelopment
due to naturally occurring processes. Along the shoreline of Lake
Erie, this means the land, including that covered by water and the
furthest landward limit of the , or
flooding hazarderosion hazard
limits. Along
dynamic beach hazard river, stream and small inland
, this means the land, including that covered by water,
lake systems
to the furthest landward limit of the or
flooding hazard erosion
limits.
hazard
D3.2 Shoreline of Lake Erie
The Conservation Authorities have commissioned Shoreline
Management Plans for the Lake Erie shoreline within the
boundaries of the County of Elgin. These management plans were
prepared to balance the options of shoreline prevention, protecton,
environmental impact, monitoring, emergency response and public
education in an overall management plan of the shoreline
resources. The recommendations of these Shoreline Management
66
County of Elgin Official Plan
July 20, 2012
Plans and the regulations have resulted in
Conservation Authority
design standards and/or prohibition within the
development
established shoreline hazard lands.
The shoreline hazard lands is not shown on this Plan. Instead,
a policy of this Plan that this area be delineated in lower tier
Plans and zoning by-laws.
D3.3 Development in a Floodplain
It is the intent of this Plan that no or be
developmentsite alteration
permitted within the of a river or stream system to
floodplain
minimize and eliminate any risks to life and property resulting
flooding, in accordance with relevant
Conservation Authority
regulations. Buildings and structures are not permitted within the
, except where written permission is obtained from the
floodplain
appropriate .
Conservation Authority
D3.4 Erosion Hazard Limit
shall be directed to an area outside of the
Developmenterosion
limit of a riverine valley slope. The limit
hazarderosion hazard
distance shall be determined in consultation with the affected
municipality and and be subject to the
Conservation Authority
following criteria as identified within the provincial technical
for natural hazards:
a) toe erosion allowance;
b) stable slope allowance (3:1);
c) limit or meander belt allowance; and,
flooding hazard
d) erosion/erosion access allowance.
The limit will be defined on a site-by-site basis in
erosion hazard
consultation with the appropriate . Provincial
Conservation Authority
guidelines related to natural hazards will be used as a basis in
determining the limit.
erosion hazard
D3.5 HAZARDOUS SLOPES
a) shall be sufficiently setback from the top of
Development
bank of slopes greater than 3:1. The setback
development
distance shall be determined by a qualified geotechnical
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County of Elgin Official Plan
July 20, 2012
engineer in consultation with the local municipality and the
appropriate and be subject to the
Conservation Authority
following criteria:
i) soil type and groundwater patterns;
ii) vegetation type and cover;
iii) severity of slope; and,
iv) nature of ;
development
D3.6 ONTARIO REGULATIONS
Certain lands within the County are subject to the Development,
Interference with Wetlands and Alterations to Shorelines and
Watercourse Regulation issued by the Province. The Regulation
Limit represents a compilation of various information including
engineered mapping, estimated mapping and
floodplainfloodplain
. The extent of these regulated areas and features
erosion hazards
are subject to adjustment as confirmed by site visits and studie
The respective Conservation Authorities should be consulted for
details.
in a regulated area or the straightening, changing,
Development
diverting or interfering in any way with the existing channel or
river, creek, stream, watercourse or changing or interfering wit
shall require permission from the applicable
wetlandConservation
.
Authority
D3.7 WASTE DISPOSAL SITES
Known existing and former (closed) waste disposal sites are shown
with a symbol on Schedule B.
The of new uses or new or enlarged buildings or
development
structures within an assessment area of 500 metres from the fill
area of the closed site may be permitted, provided an assessment
is completed to determine:
a) whether the proposed use will be adversely affected by
noise, odour, dust or other nuisance factors from the
waste
;
disposal site
b) potential traffic impacts;
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County of Elgin Official Plan
July 20, 2012
c) whether the proposed use will be adversely affected by
ground and surface water contamination by leachate
migrating from the ; and,
waste disposal site
d) the impact of the proposed use on leachate migration from
the .
landfill site
The assessment is intended to address these matters and other
items outlined in the Province's Guideline D-4, April 1994, or its
successor as required to ensure that the proposed land uses are
in nature and do not adversely impact upon each other.
compatible
In order to implement these policies, local municipal Zoning By-
laws shall restrict the of new uses or new or enlarged
development
buildings or structures on lands within the 500 metre assessment
area in accordance with this Plan. As an alternative, all lands
within the assessment area shall be subject to a Holding provisi
in the Zoning By-law. The lifting of a Holding provision permitting
the of any new use or new or enlarged buildings or
development
structures within the assessment area shall not occur until
Council
is satisfied that all of the studies required by the Municipality and
County have been completed.
D3.8 CONTAMINATED OR POTENTIALLY CONTAMINATED SITES
If the site of a proposed use or is in the opinion of the
development
County or other approval authority known or suspected to be a
contaminated site, shall require that prior to permitting
Council
on the site, the proponent shall complete the following
development
to the satisfaction of the County or other approval authority:
a) Environmental Site Assessment (ESA) in accordance with
Ministry of Environment guidelines; and,
b) site restoration in accordance with a remedial plan, where
the need for remediation is identified.
Where an ESA has determined that contamination exists, no
shall be permitted until such time as the completion of
development
any required decommissioning and/or remediation of the site, and a
Record of Site Condition has been prepared by a Qualified Person
confirming that site soil conditions meet Provincial criteria fo
proposed use.
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County of Elgin Official Plan
July 20, 2012
PART E: GENERAL
E1 GENERAL DEVELOPMENT POLICIES
E1.1 LAND USE COMPATIBILITY
In order to protect existing and future industrial uses, there is a
need for local municipalities and the County to consider how
existing and future may have an impact on the
sensitive land uses
continued viability of these uses. In this regard, land use decisions
shall ensure that major facilities and are
sensitive land uses
appropriately designed, buffered and/or separated from each othe
to prevent from odour, noise and other
adverse effects
contaminants, and minimize risks to public health and safety.
E1.2 SUBDIVISION OF LAND
This section is intended to contain policies that are to be cons
with every application to subdivide land in the County through the
subdivision, condominium and consent to sever process. Regard
shall also be given to the specific policies dealing with lot creation in
each land use designation in addition to other policies in the P
County Council shall approve only those plans of subdivision or
condominium which comply with the provisions of this Plan and the
applicable local Official Plan. Under conditions of approval
attached to plans of subdivision or condominium pursuant to the
Planning Act:
a) County Council shall require that the applicant(s) enter into
appropriate agreements with the County and/or local
municipality which may be registered against the title of the
subject lands and which shall include such matters as
services, financial requirements, County road facilities,
dedication of land for public uses, exclusive of parks and
other requirements to implement the provisions of this Plan;
and,
b) the Council of the local municipality may require that the
applicant(s) enter into appropriate agreements which shall be
registered against the title of the subject lands, and may
include such matters as, but not limited to, financial
requirements, local roads, drainage, grading and
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County of Elgin Official Plan
July 20, 2012
landscaping, sidewalks and dedication of land for public uses
and other requirements to implement the provision of this
Plan and the local Official Plan.
E1.2.1 When a Plan of Subdivision Required
Lot creation by Plan of Subdivision is generally required if:
a) the extension of an existing public road or the
development
of a new public road is required to access the proposed lots;
or,
b) the area that is proposed to be developed is not considered
to be ; or,
infilling
c) a Plan of Subdivision is required to ensure that the entire
land holding or area is developed in an orderly and efficient
manner; or,
d) more than five lots including the retained lands are being
created and/or the owner is retaining sufficient lands for the
of additional lots in accordance with the land
development
use designation in the local Official Plan.
E1.2.2 Subdivision Review Criteria
County Council and local Municipal Councils will evaluate
applications for plans of subdivision or condominium on the basis of
the requirements of the Planning Act as well as criteria includi
but not limited to, the following:
a) the plan is generally consistent with the objectives and
policies of this Plan and conforms with the local Official Plan;
b) there is capacity available in the municipal water and
sewage treatmentsystems, as applicable, and there is
suitable provision for roads, water, storm and sanitary
sewers, waste disposal, recyclable collection, public utilities,
fire and police protection, parks, schools, and other
community facilities;
c) the plan is designed to reduce any negative effecton
surrounding land uses, the transportation network, or
; and,
significant natural heritage features and areas
d) the plan is designed to be integrated with adjacent
neighbourhoods and ;
development
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County of Elgin Official Plan
July 20, 2012
E1.2.3 New Lots By Consent
The approval of consents to sever land in Elgin County shall be in
conformity with the relevant policies contained in this Plan, policies
contained in local Official Plans, and the provisions of the Planning
Act. Under no circumstances shall consents be granted for approval
that are contrary to the policies of this Plan or the local Official Plan.
E1.2.3.1 General Criteria
Provisional consent may be granted subject to appropriate
conditions of approval for the severed and/or retained lot. Prio
issuing provisional consent for a new lot for any purpose, the
approval authority shall be satisfied that the lot to be retained and
the lot to be severed:
a) fronts on and will be directly accessed by a public road that
is maintained on a year-round basis;
b) does not have direct access to a Provincial Highway or
County Road, unless the Province or the County permits a
request for access;
c) will not cause a traffic hazard;
d) has adequate size and frontage for the proposed use in
accordance with the local municipal Zoning By-law;
e) notwithstanding d) above, where a zoning by-law
amendment or minor variance is required, approval of such
amendment or variance shall be included as a condition of
the approval of the consent;
f) can be serviced with an appropriate water supply and means
of sewage disposal, provided there is confirmation of
sufficient and
reserve sewage system capacityreserve water
within municipal sewage services and
system capacity
municipal water services;
g) will not have a on the drainage patterns in
negative impact
the area;
h) will not restrict the of the retained lands or
development
other parcels of land, particularly as it relates to the provisi
of access, if they are designated for by this
development
Plan;
72
County of Elgin Official Plan
July 20, 2012
i) will not have a on the features
negative impactsignificant
and functions of any natural heritage feature; in this regard,
lots should be restricted in size in order to conserve other
lands in larger blocks for natural heritage purposes;
j) will not have a on the quality and quantity of
negative impact
groundwater available for other uses in the area;
k) will not have an adverse effect on natural hazard processes
such as flooding and erosion;
l) conform with the local Official Plan; and,
m) will conform to Section 51 (24) of the Planning Act, as
amended.
E1.2.3.2 Boundary Adjustments
A consent may be permitted for the purpose of modifying lot
boundaries, provided no new building lot is created. In reviewin
application for such a boundary adjustment, the approval authori
shall be satisfied that the boundary adjustment will not affect
viability of the use of the properties affected as intended by this
Plan. In addition, the approval authority shall be satisfied tha
boundary adjustment will not affect the viability of the agricul
parcels affected.
E1.2.3.3 Technical Severances
Consents may be granted for the purpose of creating an easement
or right-of-way, where such severance does not result in the
creation of a new lot except where the creation of new lots is to
correct a situation where two or more lots have merged on title.
Such new lots may be permitted anywhere in the County except on
lands within the Agricultural Area designation, provided the
approval authority is satisfied that:
a) the merging of the lots was unintentional and was not
merged as a requirement of a previous planning approval;
b) the new lot is generally of the same shape and size as the
lot which once existed as a separate conveyable lot;
c) the new lot can be adequately serviced by on-site sewage
and water systems;
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County of Elgin Official Plan
July 20, 2012
d) the new lot fronts on and will be directly accessed by a
public road that is maintained year-round by a public
authority;
e) there is no public interest served by maintaining the property
as a single conveyable parcel; and,
f) the new lot will conform to the access policies of the relevant
road authority.
E1.2.3.4 Lot Creation on Lands in the Agricultural Area
In accordance with the intent of this Plan to maintain and prote
the agricultural resource of the County and direct the majority
new residential growth to or existing vacant
settlement areas
building lots, new lots may be permitted if the local Official Plan
supports their creation and if:
a) the lot is to be severed to create a new farm lot and both the
retained and severed parcels each have a lot area of about
40 hectares; or,
b) the lot is to be created to accommodate a habitable
residence that has become surplus to a farming operation as
a result of a farm consolidation provided that the
of a new residential use is prohibited on any
development
retained parcel of farmland created by the consent to sever,
unless the retained parcel is the product of the merging in
title of two adjacent agricultural parcels in which case a
dwelling unit would be permitted as part of the operation; or,
c) the lot is required for an agricultural-related use, provided
the new lot is limited to a minimum size needed to
accommodate the use and appropriate sewage and water
services.
Consents may also be granted for , such
legal or technical reasons
as for easements, correction of deeds, quit claims and minor
boundary adjustments that do not result in the creation of a new
E1.2.3.5 Subdivision Development Policies
This section is intended to contain general policies to be consi
with every application for Plan of Subdivision. Regard should also
be had to the specific policies dealing with lot creation in eac
use designation and other relevant policies of this Plan and the
policies of the local Official Plans.
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County of Elgin Official Plan
July 20, 2012
Prior to the consideration of an application for Plan of Subdivision,
County shall be satisfied that:
Council
a) the approval of the development is not premature and is in
the public interest;
b) the lands will be appropriately serviced with ,
infrastructure
schools, parkland and open space, community facilities and
other amenities;
c) the density of the is appropriate for the area;
development
d) the application, if approved, conforms to this Plan and the
lower-tier Official Plan;
e) the subdivision, when developed, will be appropriately
integrated with other in the area; and,
development
f) the proposal has regard to Section 51 (24) of the Planning
Act, as amended.
Prior to the registration of any Plan of Subdivision, a Subdivis
Agreement between the landowner and the local municipality will
be required.
E2 CULTURAL HERITAGE RESOURCES
It is the intent of this Plan that the CountyÈs
significant built heritage
and be identified,
resourcessignificant cultural landscapes
and whenever practical and that all new
conservedenhanced
occur in a manner that respects the CountyÈs rich
development
cultural heritage. The cultural heritage resources of the County
generally include:
a) ;
built heritage resources
b) and,
cultural heritage landscapes;
c) .
archaeological resources
Local Official Plans shall include policies that are intended to
implement this policy, including requiring a heritage impact
assessment or conservation plan and/or cultural heritage impact
assessment prior to on lands on or adjacent to
development
cultural heritage resources. A heritage impact assessment should
75
County of Elgin Official Plan
July 20, 2012
outline the context of the proposal, any potential impacts the
proposal may have on the heritage resource, and any mitigative
measures required to avoid or lessen negative impacton the
.
heritageresource
Local municipalities are encouraged to establish Municipal Herit
Committees pursuant to the Ontario Heritage Act.
It is a policy of this Plan to support the use of Community
Improvement Plans under the Planning Act to promote and support
.
cultural heritage resources
E2.1 ARCHAEOLOGICAL RESOURCES
The County recognizes that there are of
archaeological resources
pre-contact and early historic habitation as well as
areas of
within the County, that can be adversely
archaeological potential
affected by any future and redevelopment.
development
The County and/or local municipalities shall therefore require
archaeological assessments and the preservation or excavation of
in accordance with Provincial
significant archaeological resources
requirements. Archaeological assessment reports by licensed
archaeologists are to be in compliance with guidelines set out b
the Ministry of Tourism, Culture, and Sports, as well as licensing
requirements referenced under the Ontario Heritage Act.
The appropriate First Nations shall be provided notification wit
regard to the identification of burial sites and
significant
relating to the activities of their ancestors.
archaeological resources
If the County initiates the preparation of an archaeological mas
plan, the appropriate First Nations shall be notified and invite
participate in the process.
Local Councils may conserve the integrity of
archaeological
by adopting zoning by-laws under Section 34 of the
resources
Planning Act, to prohibit land uses on sites where an identified
archaeological resource or an area of archaeological
significant
potential exists.
E2.2 MARINE ARCHAEOLOGICAL RESOURCES
The County recognizes that, within its boundaries, there may be
marine archaeological remains from the pre-historic period through
the modern era up to the last 50 years. These marine
may include the remains of ships, boats,
archaeological resources
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County of Elgin Official Plan
July 20, 2012
vessels, artifacts from the contents of boats and belongings of
or passengers, weaponry, parts of ship construction, old piers,
docks, wharfs, fords, fishing traps, dwellings, aircraft and oth
items of cultural heritage value. The remains may currently be
underwater or were, at one time, underwater but are no longer
submerged.
The County shall, prior to approving a proposal where
development
there is high archaeological potential for marine
archaeological
, require a marine archaeological survey to be conducted
resources
by a licensed marine archaeologist to the satisfaction of the Co
and Ministry of Tourism, Culture and Sports, pursuant to the Ontario
Heritage Act. Any marine archaeological resource that is identified
must be reported to the Ministry of Tourism, Culture and Sports
immediately. The Ministry shall determine whether the resource
shall be left in situ or may be removed, through excavation, by
licensed marine archaeologists under the direction of the Ministry of
Tourism, Culture and Sports.
In considering applications for waterfront , the County
development
shall ensure that cultural heritage resources both on shore and
water are not adversely affected. When necessary, the County wil
require satisfactory measures to mitigate any on
negative impacts
cultural heritage resources.
significant
E3 PUBLIC SERVICE FACILITIES AND
INFRASTRUCTURE
and are permitted in all land
Public service facilitiesinfrastructure
use designations subject to any regulatory requirements such as
the provisions of the Environmental Assessment Act. All public
works are also required to conform to this Plan and the lower-tier
Official Plan.
Where companies subject to federal or provincial control propose
new utility installations, it is the policy of this Plan to enco
where feasible and appropriate:
a) the screening of antennas and towers from view from roads
or scenic vistas through landscaping, fencing or other
architectural screening;
b) the use of innovative design measures such as the
integration of such uses with existing buildings and/or
77
County of Elgin Official Plan
July 20, 2012
streetscape features such as gateways, lamp posts and
signs;
c) the co-location clustering of different utilities to minimize
impacts;
d) the use of existing where possible such as
infrastructure
water towers or utility poles; and,
e) the siting of utilities away from .
sensitive land uses
E4 SANITARY SEWERS AND WATER
The County of Elgin does not fund or maintain sanitary sewer or
water systems in the County. The County does however, promote
efficient and environmentally responsible which is
development
supportable on the basis of appropriate types and levels of wate
supply and sewage disposal. The County encourages new
to proceed on the basis of full municipal services.
development
Where partial municipal services are considered the supporting
studies shall address all servicing options.
E4.1 GENERAL POLICIES
The County shall:
a) encourage on municipal water and sanitary
development
sewer systems;
b) encourage local municipalities with water and sanitary
sewage systems to continuously monitor uncommitted
reserve capacities;
c) encourage improvement of existing systems and the
installation of new systems in throughout
settlement areas
the County, where technically and financially feasible;
d) cooperate with local municipalities, the Province and other
public and/or private partners to negotiate innovative
arrangements for the provision of water and sanitary sewage
systems in the County;
e) encourage monitoring and proper maintenance of private
sewage treatment systems in the County in order to protect
and improve ground and surface water quality and avoid
system malfunctions and failures;
78
County of Elgin Official Plan
July 20, 2012
f) encourage the correction of failed systems;
g) encourage and promote the use of technological and other
system improvements which may help achieve reduced
volumes and/or improved quality of effluent; and,
h) work with local municipalities and Conservation Authorities
to explore water conservation/efficiency opportunities such
as water reuse, rainwater harvesting and innovative
stormwater management.
E4.2 ALTERNATIVE AND RENEWABLE ENERGY SYSTEMS
The County shall encourage the development of alternative and
renewable energy systems, as a source of energy for the economic
and environmental benefit of Elgin County and the Province of
Ontario. These systems significantly reduce the amount of harmf
emissions to the environment when compared to conventional
energy systems. The County encourages the use of wind, water,
biomass, methane, solar and geothermal energy.
New or expanded alternative or renewable energy systems should
be designed and constructed to minimize impacts on adjacent land
uses in order to prevent adverse impacts from odours, noise and
other contaminants and minimize risk to public health and safety
Sites for largescale alternative or renewable energy systems
should have sufficient area to provide appropriate setbacks from
sensitive residential and institutional land uses to provide safety
and/or minimize other potential impact in accordance with the
Green Energy and Green Economy Act.
E5 TRANSPORTATION
E5.1 OBJECTIVES
It is the objective of this Plan to:
a) facilitate the safe and efficient movement of people and
goods within the CountyÈs communities and to and from
adjacent municipalities;
b) establish an integrated that safely and
transportation system
efficiently accommodates various modes of transportation
including trains, automobiles, trucks, air, public transit,
cycling and walking;
79
County of Elgin Official Plan
July 20, 2012
c) to develop a hierarchical functional classification of roads
that enables a priority of improvements to be established;
d) promote public transit, cycling and walking as energy
efficient, affordable and accessible forms of travel;
e) protect transportation corridors to facilitate the development
of a that is with and
transportation systemcompatible
supportive of existing and future land uses;
f) ensure that appropriate right-of-way widths for all existing
and proposed roads are provided in accordance with the
Planning Act;
g) encourage the use of alternative standards for
development
roads, where appropriate;
h) encourage the efficient use of land along transportation
corridors to maximize the use of public transit;
i) restrict on private roads;
development
j) protect the long-term operation of the St. Thomas Municipal
Airport by limiting incompatible development in the vicinity of
the airport;
k) enhance the role and function of the St. Thomas Municipal
Airport by encouraging and directing airport related and
other compatible employment uses to the airport and
adjacent lands; and,
l) support the protection of existing rail lines, promote and
protect local rail heritage, and encourage the protection of
abandoned railway rights-of-way for public uses such as
trails and cycling paths.
E5.2 PEDESTRIAN AND CYCLING ROUTES AND FACILITIES
Local municipalities are encouraged to develop interconnected
systems of cycling and walking routes providing access to major
activity and and to future public transit. In order
employment areas
to plan for and encourage walking and cycling, local municipalit
are encouraged to:
a) consider the provision of safe and convenient cycling and
walking routes in the review of all applications;
development
80
County of Elgin Official Plan
July 20, 2012
b) require the provision of sidewalks in , where
settlement areas
appropriate;
c) investigate and provide for bicycle lanes wherever possible
in the construction or reconstruction of roads and bridges;
d) encourage and support measures which will provide for
barrier-free design of pedestrian facilities;
e) ensure that lands for bicycle/pedestrian paths are included
with the land requirements for roads;
f) ensure that the rights and privacy of adjacent property
owners are factored into the design process for pedestrian
and cycling routes; and,
g) ensure that all pedestrian and cycling routes are designed to
be safe.
E5.3 TRAFFIC IMPACT STUDY Ã COUNTY ROADS
It is a policy of this Plan that proposed likely to
development
generate significant traffic shall be supported by a traffic impact
study that assesses the impact on the CountyÈs transportation
system and surrounding land uses.
E5.4 ROAD NETWORK
E5.4.1 General Policies
E5.4.1.1 Road Classification System
For the purposes of this Plan, all roads in the County are class
as follows:
a) Provincial Highway;
b) County Road; and,
c) Local Road.
Provincial highways, County Roads and some Local Roads are
shown on Schedule B. New roads and re-constructed roads under
the CountyÈs jurisdiction shall be developed to comply with the
classification, function and general design requirements outline
Table 4 Ã Function of Transportation Facilities.
81
County of Elgin Official Plan
July 20, 2012
Any road transferred from the Province of Ontario to the County
shall be considered a County Road for the purposes of this Plan.
Table 4 Ã Function of Transportation Facilities
Type of
FunctionGeneral Design Guidelines
Facility
County
Major Arterial (4 Lane)
Roads
- Connect major urban - Right-of-way width up to 36.5 m
centres and Provincial - Private driveways discouraged
Roads - 2 to 4 travel lanes
Minor Arterial
- Connect smaller urban - Right-of-way width of 30.0 to 36.5
centres and connect to m
Provincial Roads - Private driveways permitted
- Highway 401 subject to design controls
Emergency Detour - 2 travel lanes
Route
Collector
- Connect hamlets and - Right-of-way width of 20.0 to 30.0
activity centres m
- Provide linkages to the - Private driveways permitted
arterial road system - 2 travel lanes
Local
- Connect hamlets and - Right-of-way width of 15.0 to 20.0
activity centresm
- Provide linkages to the - Private driveways permitted
arterial road system - 2 travel lanes
Rail Lines
Serve all types of Grade separations at
people and goods intersections with other major
movement by rail at the transportation facilities
regional or national Noise or vibration-
sensitive land
scale to be discouraged along
uses
Accommodate right-of-way
commuter rail Transit-supportive land uses to
movement to major be encouraged around commuter
urban centres rail stations
Bicycle
Serve both local Bicycle paths may be located off-
Paths
transportation and street or within road rights-of-way
recreational travel
demands
Connect communities
and activity areas
throughout the County
*Right-of-way widths in some cases may need to be wider to accommodate
design features, noise walls, turning lanes, bike paths, and uti
right-of-way requirements along roads will be determined through function
designs and subdivision approvals.
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County of Elgin Official Plan
July 20, 2012
E5.4.1.2 Right-of-Way Widths and Road Widenings
Right-of-way widths for every type of County road are set out in
Table 4. The right-of-way width for any public road may allow for
the placement of travel lanes, turning lanes, utilities, ,
infrastructure
high occupancy vehicle lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped boulevards, where
appropriate.
In addition to the road right-of-way widths set out in Table 4, the
County may, without the need for an amendment to the Official
Plan, require the dedication of lands to be used for daylight
triangles, to provide sufficient sight distances and turning lanes to
provide safe and appropriate access where major traffic generators
intersect. In this regard, intersection improvements may be
required as shown on Schedule B. Where additional land is
required for intersection improvements, such land shall be
dedicated wherever possible, in the course of approving plans of
subdivision or condominium, consents or site plan agreements,
without amendment to this Plan.
As a condition of a approval, land for road widenings
development
shall be conveyed at no expense to the County in accordance with
the provisions of the Planning Act. As a general principle, required
road widenings will be taken equally from both sides of the righ-of-
way. Unequal road widenings may be considered by the County
where:
a) the area is the site of a topographic feature which is difficult
to overcome or costly to develop for road purposes; and/or,
b) the location of an identified cultural heritage resource limits
design options; and/or,
c) the presence of a natural heritage feature limits
significant
design options; and/or,
d) the location of mature trees contributes to the character of
an area.
Notwithstanding the policies set out in this Plan, the County
recognizes that the reconstruction of roads to approved minimum
standards in some existing developed areas may not be
appropriate from a right-of-way acquisition or community design
perspective, or economically or physically feasible. Any attempt
83
County of Elgin Official Plan
July 20, 2012
reconstruct such roads to minimize deficiencies shall only be
undertaken after a study to determine a right-of-way which will
result in a streetscape which minimizes impacts on abutting
properties and is appropriate to the character of the area, whil
serving anticipated traffic volumes. No amendment to the Plan sh
be required to implement such a modification to the right-of-way.
It is the policy of this Plan that an Environmental Assessment f
any County Road widening project shall address whether there are
other transportation alternatives and how the project would
implement the transportation goals, objectives and policies of this
Plan.
E5.4.1.3 Financing of Road Construction
Construction of any part of the road network shall be in accorda
with the ability of the authority having jurisdiction to finance
. In addition, road construction under the jurisdiction of
infrastructure
the County shall be in accordance with the approved Capital
Budget and/or the Capital Forecast.
E5.4.1.4 Road Design Standards
The County of Elgin Roads Plan and Policies document (2009) will
serve as the basis for the construction and design of roads that are
under the jurisdiction of the County, including policies limitin
access to County Roads where access is available by a local road
may consider alternative design standards to provide for
Council
the more efficient use of land in newly developing areas of the
County. Changes to standards and design criteria for such roads
and facilities may be permitted without an amendment to this Pla
The County shall encourage local municipalities to provide safe and
convenient pedestrian facilities by:
a) coordinating the installation of sidewalks on both sides of
County roads within identified in local
settlement areas
Official Plans;
b) working with local municipalities to ensure that sidewalks are
sufficiently set back from the roadway, are well drained and
are of barrier free design; and,
c) participating in multiuse trail development.
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County of Elgin Official Plan
July 20, 2012
E5.4.1.5 Road Closures
may stop up and close existing County roads and road
Council
related facilities, subject to the provisions of the Municipal A
2001, as amended without the need to amend the Official Plan.
E5.4.1.6 Traffic Calming
The County may investigate traffic calming measures to be
implemented in certain locations within the County and/or as a
requirement of a approval to promote pedestrian
development
safety and mitigate the effects of automobile traffic within the
County. Traffic calming features may be permitted subject to an
evaluation by the County of functional, operational, servicing a
financial issues associated with their use.
E5.4.2 Private Roads
Private roads are lanes, driveways, roads or right-of-ways
maintained by private individuals or Condominium Corporations. It
is the policy of this Plan to restrict new on private
development
roads to a Plan of Condominium. The creation of a new lot for a
purpose on a private road outside of a Plan of Condominium is no
permitted, unless specifically permitted in a local Official Plan.
E5.4.3 Provincial Highways
In addition to all the applicable municipal requirements, all pr
located adjacent to and in the vicinity of a provincial
development
highway within Ministry of Transportation (MTO) permit control a
under the Provincial Transportation and Highway Improvement Act
will also be subject to MTO approval. Any new areas in the
municipality identified for future that are located
development
adjacent to or in the vicinity of a provincial highway or
interchange/intersection within MTOÈs permit control area will be
subject to MTO policies, standards, and requirements. Direct
access will be discouraged and often prohibited.
E5.4.4 Proposed Provincial Highway 3
The proposed Highway 3 By-pass extends from south of the former
Ford Plant in Southwold to the Town of Aylmer and Malahide
Township to the east, as shown as a ÅProposed Transportation
CorridorÆ on Schedule B of this Plan. The by-pass corridor is
designated as a protected corridor under an Order-in-Council and
falls within the Ministry of TransportationÈs permit control are
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County of Elgin Official Plan
July 20, 2012
E5.5 ST. THOMAS MUNICIPAL AIRPORT
E5.5.1 Context
The St. Thomas Municipal Airport, located within the Municipality of
Central Elgin, is municipally owned and operated by the City of St.
Thomas. The airport is located south of Highway 3, (Talbot Line)
and is bounded by Yarmouth Centre Road to the west, Elm Line to
the South and Quaker Road to the East, and is identified on
Schedules A, B and C, and Appendix Map 1 of this Plan.
The St. Thomas Municipal Airport is planned to be a fully equipped,
certified airport facility that accommodates charter passenger and air
cargo facilities and services, business charter services, flight
recreational flying and aviation related industrial/commercial
business facilities. The County, the City of St. Thomas and the
surrounding municipalities recognize the value the airport
represents to the future economic development potential of the
region.
E5.5.2 Lands Adjacent to the St. Thomas Municipal Airport
Approximately 700 hectares (1,730 acres) of land east of St.
Thomas are designated for employment/industrial purposes in the
Municipality of Central Elgin. Approximately 277 hectares (685
acres) represent the St. Thomas Municipal Airport lands, of which
approximately 81 hectares (200 acres) is used for airport operat
and accessory airport uses and the balance of the lands, 196
hectares (485 acres) is currently cultivated. Although not a
, these lands are of importance to the future of the
settlement area
County and are planned to be the focus of industrial and service
commercial related employment growth according to local official
plan policies.
Notwithstanding the Agricultural Area designation as shown on
Schedule A Land Use, permitted uses within these approximately
700 hectares shall be employment/industrial uses in accordance
with local official plan policies.
E5.5.3 Land Use Compatibility Adjacent to Airport
must be appropriately designed, buffered and/or separated
Airports
to prevent from noise. New residential
adverse effects
and other are prohibited in areas
development sensitive land uses
near above the 30 NEF/NEP, as set out on maps approved
airports
by Transport Canada. In order to protect the St. Thomas Municip
86
County of Elgin Official Plan
July 20, 2012
Airport from incompatible , the following policies shall
development
apply:
a) New residential and other
development sensitive land uses
will not be permitted in areas above 30 NEF as set out in the
Central Elgin Official Plan.
b) of existing residential uses and other
Redevelopment
may be considered above 30 NEF/NEP,
sensitive land uses
if it has been demonstrated that there will be no
negative
on the long-term function of the
impactsairport.
c) New in areas below 30 NEF/NEP, but in close
development
proximity to the St. Thomas Municipal Airport lands as
shown in the Central Elgin Official Plan, may be required to
address the Noise and Vibration and/or Land Use
Compatibility policies found in the Central Elgin Official Plan.
This may include a review and update of the NEF/NEP
contours in accordance with the standards prescribed by
Transport Canada.
d) New permitted within the lands and
development airport
other areas above the 30 NEF/NEP may be subject to a
noise analysis to identify noise reduction features and other
mitigation measures in accordance with the policies and
guidelines of Transport Canada Aviation.
E5.6 TOURISM CORRIDORS AND USES
Tourism Corridors are identified on Schedule B of this Plan and
intended to recognize and link Lake Erie ports, scenic driving routes
and other tourism destinations with and the high
settlement areas
volumes of potential tourist traffic along Highway 401. It is the
policy of this Plan that:
a) existing tourism uses and properties in the County, and in
particular those uses within or in close proximity to Tourism
Corridors, will be encouraged to be retained, redeveloped,
expanded, and upgraded, wherever possible and
appropriate;
b) any proposal to amend local Official Plans and/or Zoning By-
laws to remove tourism-related commercial permissions for
any property shall generally be discouraged to maintain the
function of these corridors; and,
87
County of Elgin Official Plan
July 20, 2012
c) the County shall place a priority on such Tourism Corridors
to ensure safe and efficient movement of traffic to
enhance
the economic development benefits of tourism traffic in Elgin
County.
E5.7 THE PORTS OF ELGIN COUNTY
The County will continue to promote and support the viability of
many ports along Lake Erie as important economic resources and
locations for tourism and recreation. The County recognizes the
potential of the various ports as gateways to the County and
components of a broader transportation system. The County
encourages the pursuit of appropriate opportunities for the
expansion of port facilities and the establishment of commercial
uses and marine transportation infrastructure, subject to the policies
of this Plan.
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County of Elgin Official Plan
July 20, 2012
PART F IMPLEMENTATION AND ADMINISTRATION
F1 INTRODUCTION
The implementation section contains policies pertaining to the
administration and implementation of the Official Plan. The Planning
Act contains a number of tools that are intended to be used by
municipalities to administer and implement an Official Plan. Thi
section of the Plan contains the policies that set out how these
are to be utilized by County to meet the goals and
Council
objectives of this Plan.
F2 OFFICIAL PLAN ADMINISTRATION
The County is responsible for conducting county-wide planning and
for ensuring that land use decisions are in conformity with this
In addition to this role, the County has the authority to approv
plans of subdivision and condominium. In these roles, the County
will endeavour to make the approval process efficient
development
and timely.
County and the local Councils shall not undertake any
Council
public work or pass any by-law that does not conform to the intent
and policies of the Official Plan.
This section of the Plan describes how the Official Plan will be
administered, updated and amended, as required.
F2.1 AMENDMENTS TO THE PLAN
It is the intent of this Plan to serve as the basis for managing
change in the County until 2031.
Any Amendment shall conform to the overall intent of the Officia
Plan as set out in the community vision, goals, and strategic
objectives of this Plan. The Plan may be altered to correct errors in
the text or schedules without an Amendment to this Plan provided
the alterations do not change the effect of the goals, objectives and
policies of the Plan. Minor changes to road alignments do not
require an amendment to the Plan.
County , following the adoption of this Plan, shall determine
Council
the need to revise the Official Plan in whole or in part in
consultation with prescribed public bodies and hold a special
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County of Elgin Official Plan
July 20, 2012
meeting of that is open to the public, at intervals of not
Council
more than every five years. In considering the need for revisio
the County shall also consider Section 26 of the Planning Act wh
requires that the Official Plan:
a) conforms with provincial plans or does not conflict with them,
has regard to the matters of provincial interest listed in
Section 2 of the Planning Act, and is consistent with policy
statements issued under Subsection 3(1) of the Planning
Act; and,
b) policies on employment lands are either confirmed or
amended.
F3 LOCAL OFFICIAL PLANS
It is the intent of the County, and a requirement of the Plannin,
that local Official Plans shall conform to the County Plan and be
one of the primary means of implementing the policies herein.
It is recognized, however, that some time may elapse between the
adoption of the Plan and the modification of the local official
to ensure conformity. The modifications may be part of the statu
review process, as defined under the Planning Act. In the event of a
conflict between the provisions of a local Official Plan and the
provisions of this Plan in the interim period, the provisions of
Plan shall prevail to the extent of that conflict.
Nothing in this Plan shall prevent the local municipalities from
adopting more restrictive policies or standards than those outli
in this Plan, provided such policies are consistent with the general
intent of this Plan.
F4 LOCAL ZONING BY-LAWS
When this Plan or any part thereof takes effect, every local zoning
by-law shall be amended by the local municipalities to conform with
this Plan pursuant to Section 27(1) of the Planning Act. The
Amendments to the zoning by-laws should occur after the local
Official Plan has been amended to conform to this Plan.
Notwithstanding the above, this Plan is not intended to prevent
continuation, expansion, or enlargement of uses which do not
conform to the designations and provisions of this Plan. At thei
sole discretion, of the local municipalities may zone to
Councils
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County of Elgin Official Plan
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permit the continuation, expansion or enlargement of legally
existing uses, or variations to similar uses, provided that such
a) have no adverse effect on present uses of surrounding lands
or the implementation of the provisions of this Plan;
b) have regard for the MDS Formula as amended from time to
time, if applicable; and,
c) are subject to any conditions that may be contained in a
local Official Plan.
F5 SITE PLAN CONTROL
County shall encourage the use of site plan control
Council
provisions of the Planning Act, to implement the policies and
provisions of this Plan and the local Official Plans, and to
coordinate and the physical development of the local
enhance
municipality. Provisions for site plan control shall be detaile
local Official Plans.
F6 COMMUNITY IMPROVEMENT PLANS
The goal of any Community Improvement Area shall be to foster
and co-ordinate the physical improvements and maintenance of
older or dilapidated areas of a community for environmental, soc
or community economic reasons.
F6.1 OBJECTIVES
Community Improvement Areas are intended to achieve one or
many objectives, including to:
a) encourage the efficient provision and maintenance of
physical infrastructure, public services and utilities to serve
present and future needs on a local and regional scale;
b) address issues which may be particular to one
neighbourhood;
c) ensure the maintenance and renewal of older housing stock;
d) foster redevelopment, reuse and/or maintenance of existing
and/or current industrial sites;
brownfield sites
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County of Elgin Official Plan
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e) retail and downtown commercial areas within the
enhance
municipalities;
f) encourage the preservation and adaptive re-use of built
heritage;
g) promote energy efficiency and sound environmental design;
h) foster economic growth within designated areas;
i) promote in targeted areas;
intensification
j) the visual characteristics of neighbourhoods; and,
enhance
k) encourage local participation in funding programs.
F6.2 IMPLEMENTATION
Local municipal councils, under the Planning Act may choose to
designate Community Improvement Areas. Identifying a Community
Improvement Area shall be carried out through a by-law
designating the whole, or any part of the local municipality as
Community Improvement Area. Background studies shall first be
completed and made available to the public outlining the need fo
the Community Improvement Area.
Community Improvement Plans at the local municipal level shall b
submitted to the Ministry of Municipal Affairs and Housing for
review and comment.
County may make grants or loans to the council of a lower
Council
tier municipality and the council of a lower tier municipality may
make grants or loans to County , for the purpose of carrying
Council
out a community improvement plan that has come into effect, on
such terms as to security and otherwise as the council considers
appropriate.
F7 PUBLIC PARTICIPATION AND CONSULTATION
It is a policy of this Plan that public participation be an inte
component of any land use planning process. On this basis, befor
making any planning decision, shall be satisfied that:
Council
a) adequate public notice in accordance with the Planning Act
has been given;
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b) enough information to enable a person to reasonably
understand the nature of the proposal and its impacts is
available prior to any public meeting;
c) all public and agency comments have been assessed and
analyzed by staff; and,
d) their decision will appropriately balance the overall public
interest against the private interest expressed in the
application.
Proponents shall be encouraged to pre-consult with neighbouring
landowners to obtain their views before a formal application is
submitted.
The County will endeavour to consult with First Nations on
applications that will have the potential to infringe on aborigi
treaty rights and aboriginal interests.
F8 COMPLETE APPLICATIONS
F8.1 OVERVIEW
a) This Official Plan is not a static document. Amendments to
this Plan are sometimes required, provided that the
Amendment conforms to the general intent, goals and
objectives of this Plan.
b) To ensure that can make an informed decision on
Council
any Planning Act applications and in order to ensure that the
public understands the implications of the application,
technical studies are required.
c) The Planning Act, permits municipalities to set out what their
requirements are in the form of technical studies and plans
to support an application to amend the Official Plan and
approve a Plan of Subdivision or Plan of Condominium.
Once this required information has been submitted, the
application is then deemed to be ÅcompleteÆ in accordance
with the Planning Act, with this date being the date on which
the processing time frame in the Planning Act begins. In
addition, applicants cannot appeal a non-decision on their
application once the application is complete until the
processing time frames set out in the Planning Act have
elapsed.
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d) This section of the Official Plan is specifically intended to
implement Sections 22(5), and 51(18) of the Planning Act.
These Planning Act sections provide the basis for the
inclusion of policies on complete applications in Official
Plans. This section also implements Sections 22(3.1), and
51(16.1) of the Planning Act.
These latter sections set out the procedures to be followed when
applicants consult with the County before submitting an applicat
specified in this section of the Official Plan.
F8.2 MINIMUM SUBMISSIONS REQUIREMENTS
The following are the minimum submissions requirements for
Official Plan Amendment and Plan of Subdivision/Condominium
applications:
a) The minimum submission requirements for an Official Plan
Amendment in accordance with Section 22(4) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 543/06.
b) The minimum submission requirements for a Plan of
Subdivision application as set out in Section 51(17) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 544/06.
F8.3 SUPPLEMENTAL SUBMISSION REQUIREMENTS
a) This section lists the studies, plans or items required to
support an application for Official Plan Amendment and Plan
of Subdivision/Condominium. The determination of which
studies, plans or items are required shall be made at the pre-
consultation phase, as set out in Section F8.4. Regard
should also be had to Section F8.5, which provides some
flexibility to the County in the consideration of the types of
studies, plans or items required to support an application.
b) The following may be required to support an application for
Official Plan Amendment:
i) Land Use Planning Report;
ii) Market Impact Study;
iii) Urban Design Report;
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iv) Agricultural Impact Assessment;
v) Environmental Impact Study;
vi) Environmental Site Assessment;
vii) Master Servicing Plan;
viii) Stormwater Management Report;
ix) Servicing Study;
x) Traffic Impact Assessment;
xi) Archaeological Assessment;
xii) Cultural Heritage Impact Statement;
xiii) Land Use Compatibility Assessment;
xiv) Sub Watershed Study;
xv) Financial Impact Assessment;
xvi) Water Resource Management Report; and,
xvii) Any other studies required by the County which are
not reflected in the above list.
c) The following may be required to support an application for
Plan of Subdivision/Condominium:
i) Land Use Planning Report;
ii) Urban Design Plan;
iii) Agricultural Impact Assessment;
iv) Environmental Impact Study;
v) Stormwater Management Report;
vi) Servicing Study;
vii) Traffic Impact Assessment;
viii) Archaeological Assessment;
ix) Cultural Heritage Impact Statement;
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x) Environmental Site Assessment;
xi) Land Use Compatibility Assessment;
xii) Tree Preservation Study;
xiii)Water Resource Management Report; and,
xiv) Any of the studies required by the County which are
not reflected in the above list.
F8.4 PRE-CONSULTATION
a) Prior to the submission of an application for Official Plan
Amendment, or Plan of Subdivision/Condominium,
applicants are required to meet with the County, the local
municipality and relevant agencies to determine what
studies, plans and items are required to support an
application in accordance with this Section of the Official
Plan.
b) The details of the pre-consultation process are spelled out in
a by-law passed pursuant to Sections 22(3.1), and 51(16.1)
of the Planning Act. The intent of the pre-consultation
process is to determine the scale and scope of any required
study, plan or item with this scale and scope being
dependent on the size of the proposal, its relationship to
adjacent land uses and the type(s) of planning approval(s)
required.
F8.5 FLEXIBILITY
a) While it is the intent of the County to require the studies,
plans and items listed above in support of the applications
listed above, this section should not be interpreted as being
all-inclusive.
b) On this basis, the specific requirements for a particular
application may be modified depending on the scale of the
proposal, its location, its location in relation to other land
uses and whether the proposal implements other planning
approvals that may have been obtained prior to the
consideration of the specific application.
F8.6 QUALITY OF SUPPORTING STUDIES, PLAN OR ITEMS
All studies required by the County shall be carried out by qualified
professionals retained by and at the expense of the proponent.
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The County may require peer reviews of the studies by an
appropriate public agency or by a professional consultant retain
by the County at the proponentÈs expense. Alternatively, studies
may be carried out by a qualified professional retained by the
County at the expense of the proponent.
F9 MONITORING
The purpose of monitoring is to evaluate the effectiveness and
relevance of the Plan in meeting the CountyÈs goals, objectives and
vision. Monitoring involves recording and appraising the
significance of events, trends and decisions in relation to the
policies of the Official Plan. Specific monitoring policies are
included throughout this Plan However, the County will also
develop indicators to assist with regular monitoring of this Plan.
As required, the County may also prepare quarterly and annual
briefings or status reports. To assist with monitoring and plan
review, the County in cooperation with local municipalities will
maintain an information system to allow for appropriate analysis of
the changes in the social, economic, environmental and
technological conditions in the County.
The number of draft approved and registered vacant lots in the
Municipality will be monitored through the approvals
development
process.
F10 INTERPRETATION
F10.1 GENERAL
This Plan is a statement of policy. It is intended as a guide to
, however, some flexibility in interpretation may be permitted
Council
provided that the general intent is maintained.
In accordance with the Planning Act, in the event of a conflict
between the County Official Plan and the Official Plan of a loca
municipality, the County Plan prevails to the extent of the conf
F10.2 INTERPRETATION OF LAND USE DESIGNATION
BOUNDARIES
The boundaries between land uses designated on the Schedules to
this Plan are approximate except where they meet with roads,
railway lines, rivers, transmission lines, lot lines or other cl
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defined physical features and in these cases, are not open to
interpretation. Where the general intent of the document is
maintained, minor adjustments to boundaries will not require an
amendment to this Plan.
The boundaries of the identified on Schedule A of
settlement areas
this Plan are representative of the boundaries as delineated in the
local Official Plans. As a result, the local Official Plans sho
consulted for accurate boundaries. Expansions to
settlement area
shall only occur in accordance with the policies of
settlement areas
this Plan.
It is recognized that the boundaries of the Environmental Area
Overlay may be imprecise and subject to change. The County shall
determine the extent of the environmental areas on a site-by-site
basis when considering proposals, in consultation
development
with the appropriate agencies.
F10.3 ROAD LOCATIONS
The location of the roads as indicated on Schedule B shall be
considered as approximate. Amendments to this Plan will not be
required in order to make minor adjustments or deviations to the
locations of roads provided that the general intent of the Plan
maintained.
F10.4 LEGISLATION
Where this Plan makes reference to a Provincial Act, an Ontario
Regulation, the or the
minimum distance separationformulae
Provincial Policy Statement, such reference shall include any
subsequent amendments or replacements.
F10.5 ACCESSORY USES
Whenever a use is permitted in a land use designation, it is
intended that uses, buildings or structures normally incidental,
accessory to that use are also permitted.
F10.6 OPERATIVE PARTS OF THE OFFICIAL PLAN
Part 2 and Sections A, B, C, D, E, F and Map Schedules A, B and C
constitute the Official Plan of the County of Elgin. If there i
discrepancy between the schedules and the text, the text takes
precedence.
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APPENDIX ÇAÈ - DEFINED TERMS
Adjacent Lands
Means those lands contiguous to a specific
natural heritage feature or area
where it is likely that or would have a
development site alteration negative impact
on the feature or area.
Adverse Effects
Means, pursuant to the Environmental Protection Act one or more of:
a) impairment of the quality of the natural environment for any use
be made of it;
b) injury or damage to property or plant or animal life;
c) harm or material discomfort to any person;
d) an adverse effect on the health of any person;
e) impairment of the safety of any person;
f) rendering any property or plant or animal life unfit for human u
g) loss of enjoyment or normal use of property; and,
h) interference with normal conduct of business.
Agricultural Use
Means the growing of crops, including nursery and horticultural cr
livestock; raising of other animals for food, fur or fibre, incl
aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-
farm buildings and structures, including accommodation for full-time farm labour
when the size and nature of the operation requires additional em
Airports
Means all Ontario , including designated lands for future , with
airportsairports
Noise Exposure Forecast/Noise Exposure Projection mapping.
Alternative Energy Systems
Means sources of energy or energy conversion processes that signi
reduce the amount of harmful emissions to the environment (air, earth and water)
when compared to conventional energy systems
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Archaeological Resources
Means artifacts, archaeological sites and marine archaeological sites
identification and evaluation of such resources are based upon acal
fieldwork undertaken in accordance with the Ontario Heritage Act.
Areas of Archaeological Potential
Means areas with the likelihood to contain . Criteria for
archaeological resources
determining archaeological potential are established by the Prov, but
municipal approaches which achieve the same objectives may also
Archaeological potential is confirmed through archaeological fie
undertaken in accordance with the Ontario Heritage Act.
Area of Natural and Scientific Interest
Means an area of land and water containing natural landscapes or featu
has been identified as having earth or life science values relat
scientific study or education.
Brownfield Sites
Means undeveloped or previously developed properties that may be
contaminated. These are usually, but not exclusively, former ind
commercial properties that may be underutilized, derelict or vac
Built Heritage Resources
Means an individual or group of buildings, structures, monuments,
significant
installations, or remains, which are associated with architectur
political, economic, or military history and identified as being
community. These resources may be designated or subject to a con
easement under the Ontario Heritage Act, or listed by the federal or provincial
governments or the County.
Coastal Wetland
Means:
a) any that is located on one of the Great Lakes or their connecting
wetland
channels (Lake St. Clair, St. MaryÈs, St. Clair, Detroit, Niagara and St.
Lawrence Rivers); or,
b) any other that is on a tributary to any of the above-specified
wetland
water bodies and lies, either wholly or in part, downstream of a
located 2 kilometres upstream of the 1:100 year floodline (plus
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County of Elgin Official Plan
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run-up) of the large water body to which the tributary is connected.
Compatible
Means the or of uses which may not necessarily be
developmentredevelopment
the same as or similar to the existing , but can coexist with the
development
surrounding area without .
negative impact
Comprehensive Review
Means:
a) for the purposes of Sections B2.8 and B2.7.1 of this Plan, an Official Plan
Review which is initiated by a planning authority, or an Official Plan
Amendment which is initiated or adopted by a planning authority, which:
i. is based on a review of population and growth projections and w
reflect projections and allocations by upper-tier municipalities and
, where applicable; considers alternative directions for
provincial plans
growth; and determines how best to accommodate this growth while
protecting provincial interests;
ii. utilizes opportunities to accommodate projected growth through
and ;
intensification redevelopment
iii. confirms that the lands to be developed do not comprise
specialty
;
crop areas
iv. is integrated with planning for and
infrastructurepublic service
; and,
facilities
v. considers cross-jurisdictional issues.
Conservation Authority
Means the Lower Thames , the Kettle Creek
Conservation AuthorityConservation
, the Catfish Creek or the Long Point Region
AuthorityConservation Authority
.
Conservation Authority
Conserved
Means the identification, protection, use and/or management of c
and in such a way that their heritage values, attributes
archaeological resources
and integrity are retained. This may be addressed through a cons
heritage impact assessment.
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Contaminated Sites
Means property or lands that have not been rehabilitated and for
public safety or environmental quality, are unsafe for use as a result of human
activities, particularly those activities that have left a chemi
residue.
Council
Means the Municipal of the Corporation of the County of Elgin.
Council
Cultural Heritage Landscape
Means a defined geographical area of heritage significance that has been
modified by human activities and is valued by a community. It in
grouping(s) of individual heritage features such as structures,
archaeological sites and natural elements, which together form a type
significant
of heritage form, distinctive from that of its constituent eleme
Deposits of Mineral Aggregate Resources
Means an area of identified , as delineated in
mineral aggregate resources
Aggregate Resource Inventory Papers or comprehensive studies prepared using
evaluation procedures established by the Province for surficial
resources, as amended from time to time, that has a sufficient q
quality to warrant present or future extraction.
Designated and Available
Means lands designated in this Plan for urban and hamlet residen
Development
Means the creation of a new lot, a change in land use, or the co
buildings and structures, requiring approval under the Planning Act, but does not
include:
a) activities that create or maintain authorized under an
infrastructure
environmental assessment process; and,
b) works subject to the Drainage Act.
Dynamic Beach Hazard
Means areas of inherently unstable accumulations of shoreline se
the Great Lakes - St. Lawrence River System and large inland lakes, as identified
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County of Elgin Official Plan
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by provincial standards, as amended from time to time. The
dynamic beach
limit consists of the limit plus a dynamic beach allowance.
hazardflooding hazard
Ecological Function
Means the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosy
landscapes. These may include biological, physical and socio-economic
interactions.
Emergency Housing
Means emergency shelters or facilities that accommodate not less
not more than ten residents, and provide temporary lodging, boar
personal support services to homeless individuals in a 24-hour supervised
setting, for up to 30 days.
Employment Area
Means those areas designated in an official plan for clusters of
economic activities including, but not limited to, manufacturing
offices, and associated retail and ancillary facilities.
Endangered Species
Means a species that is listed or categorized an on the
Endangered species
Ministry of Natural ResourcesÈ official species at risk list, as
amended from time to time.
Enhance
Means, as applied to the natural heritage/environmental policies
strengthening the components of a natural area through managemen
to increase stability, biodiversity and long-term viability.
Means, in other respects, to complement and strengthen the character of the
County, community, neighbourhood, site or structure.
Erosion Hazard
Means the loss of land, due to human or natural processes, that
life and property. The limit is determined using considerations
erosion hazard
that include the 100 year erosion rate (the average annual rate
extended over an one hundred year time span), an allowance for s
and an erosion/erosion access allowance.
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Estate Winery
Means a secondary use to a vineyard, where wines are produced and may
include storage, display, processing, hospitality room, administ
and outdoor patio area.
Farm Winery
Means a building or structure of part thereof, associated with ()
agricultural uses
on the same farm lot, where wines are produced and may include s
display, processing, wine tasting, a tied house licensed by the
Gaming Commission of Ontario, and retail, administrative facili
patio area, but shall not include a restaurant, banquet facility, or on-site
commercial kitchen. Wine tasting and the offering or sale of lo
product samples is considered part of the activity.
farm winery
Fish Habitat
As defined in theFisheries Act, C. F- 14means 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.
Floodplain
For ,means the area, usually low
river stream, and small inland lake systems
lands adjoining a watercourse, which has been or may be subject
flooding
hazards.
Flooding Hazard
Means the inundation, under the conditions specified below, of a
a shoreline or a river or stream system and not ordinarily cover
a) Along the shorelines of the Great Lakes - St. Lawrence River System
and large inland lakes, the limit is based on the one
flooding hazard
hundred year flood level plus an allowance for wave uprush and o
water-related hazards;
b) Along river, stream and small inland lake systems, the
flooding hazard
limit is the greater of:
i. the flood resulting from the rainfall actually experienced during a
major storm such as the Hurricane Hazel storm (1954) or the
Timmins storm (1961), transposed over a specific watershed and
combined withthe local conditions, where evidence suggests that
the storm event could have potentially occurred over watersheds in
the general area;
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ii. the one hundred year flood; and
iii. a flood which is greater than 1. or 2. which was actually
experienced in a particular watershed or portion thereof as a re
of ice jams and which has been approved as the standard for that
specific area by the Minister of Natural Resources; where the use
of the one hundred year flood or the actually experienced event
been approved by the Minister of Natural Resources as the
standard for a specific watershed (where the past history of flo
supports the lowering of the standard).
Groundwater Features
Refers to water-related features in the earthÈs subsurface, including
recharge/discharge areas, water tables, unsaturated zones that c
by surface and subsurface hydrogeologic investigations.
Hazardous Lands
Means property or lands that could be unsafe for due to naturally
development
occurring processes. Along the shorelines of the Great Lakes - St. Lawrence
River System, this means the land, including that covered by wat
international boundary, where applicable, and the furthest landward limit of the
, or limits. Along the
flooding hazarderosion hazarddynamic beach hazard
shorelines of large inland lakes, this means the land, including
water, between a defined offshore distance or depth and the furthest landward
limit of the , or limits.
flooding hazarderosion hazarddynamic beach hazard
Along river, stream and small inland lake systems, this means th
that covered by water, to the furthest landward limit of the or
flooding hazard
limits.
erosion hazard
Hazardous Substances
Means substances which, individually, or in combination with othe
are normally considered to pose a danger to public health, safet
environment. These substances generally include a wide array of materials that
are toxic, ignitable, corrosive, reactive, radioactive or pathol
Heritage Attributes
Means the principal features, characteristics, context and appea
contribute to the cultural heritage significance of a .
protected heritage property
Heritage Conservation District
Means an area defined by the County to be of unique character to
conserved
through a designation By-law pursuant to Part V of the Ontario Heritage Act.
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Home Industry
Means a small-scale , including, but not limited to a carpentry, metal
industrial use
working, welding or electrical shop that provides services or wa
community and which is an accessory use to an or a single
agricultural use
detached dwelling. For the purpose of this Official Plan, the sale, storage or
repair of non-farm motor vehicles, mobile homes and/or trailers as well as a p
shop are not considered a . The policies of each local Official Plan
home industry
shall further detail the types of uses permitted or prohibited as part of a
home
.
industry
Home Occupation
Means an occupation that provides a service as an accessory use
dwelling unit performed by one or more of its residents. Such a
include services performed by an accountant, architect, auditor, dentist, medical
practitioner, engineer, insurance agent, land surveyor, lawyer,
hairdresser or a provider of private home daycare.
Hydrological Functions
Means the functions of the hydrological cycle that include the occurrence,
circulation, distribution, and chemical and physical properties
surface of the land, in the soil and underlying rocks, and in th
waterÈs interaction with the environment including its relation gs.
Infrastructure
Means physical structures that form the foundation for .
development
includes sewage and water works, waste management systems,
Infrastructure
electric power generation and transmission,
communications/telecommunications, transit and transportation co
facilities, oil and gas pipelines and associated facilities.
Institutional Use
Means a use that caters to the social, educational and/or religi
humans.
Intensification
Means the of a property, site or area at a higher density than
development
currently exists through:
a) , including the reuse of ;
redevelopmentbrownfield sites
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b) the of vacant and/or underutilized lots within previously
development
developed areas;
c) infill ; and,
development
d) the expansion or conversion of existing buildings.
Legal or Technical Reasons:
For the purposes of Section C1.2.2.4 of this Plan, means severances for
purposes such as easements, corrections of deeds, quit claims, and minor
boundary adjustments, which do not result in the creation of a n
Low and Moderate Income Households
Means:
a) in the case of ownership housing, households with incomes in the
60 percent of the income distribution for the ; or,
regional market area
b) in the case of rental housing, households with incomes in the lo
percent of the income distribution for renter households for the
regional
.
market area
Mineral Aggregate Operation
Means:
a) lands under license or permit, other than for wayside pits and quarries,
issued in accordance with the Aggregate Resource Act, or success
thereto; and,
b) associated facilities use in extraction, transport, beneficiatio
or recycling of and derived products such as
mineral aggregate resources
asphalt and concrete, or the production of secondary related pro
Mineral Aggregate Resources
Means gravel, sand, clay, earth, shale, stone, limestone, dolost
marble, granite, rock or other material prescribed under the Aggregate
Resources Act suitable for construction, industrial, manufacturi
maintenance purposes but does not include metallic ores, asbesto
granite, mica, nepheline syenite, salt, talc, wollastonite, mine
material prescribed under the Mining Act.
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Minimum Distance Separation (MDS) Formulae
Means formulae and associated guidelines developed by the Province to
separate uses so as to reduce incompatibility concerns about odo
livestock facilities.
Natural Heritage Features and Areas
Means features and areas, including , ,
significantwetlandsfish habitatsignificant
, valleylands, habitat of and
woodlandssignificantsignificantendangered species
, , and areas of natural
threatened speciessignificantwildlife habitatsignificant
and scientific interest that are important for their environment
as a legacy of the natural landscapes of an area.
Natural Heritage System
Means a system made up of , linked by
natural heritage features and areas
natural corridors which are necessary to maintain biological and geol
diversity, natural functions, viable populations of indigenous s
. These systems can include lands that have been restored and
ecosystems
areas with the potential to be restored to a natural state.
Negative Impact
Means:
a) in regard to Section D2 degradation to the ,
quality and quantity of water
and , and
sensitive surface water features sensitive ground water features
their related , due to single, multiple or successive
hydrologic functions
or activities;
developmentsite alteration
b) in regard to , the harmful alteration, disruption or destruction of
fish habitat
, except where, in conjunction with the appropriate authorities,
fish habitat
it has been authorized under the Fisheries Act, using the guiding principle
of no net loss of productive capacity; and,
c) in regard to other in Section D1
natural heritage features and areas
degradation that threatens the health and integrity of the natur
or for which an area is identified due to single,
ecological functions
multiple or successive or activities.
developmentsite alteration
Normal Farm Practices
Means a practice, as defined in the Farming and Food Production
1998, that is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar agr
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operations under similar circumstances; or makes use of innovati
a manner consistent with proper advanced farm management practices.
Normal
shall be consistent with the Nutrient Management Act, 2002 and
farm practices
regulations made under that Act.
Partial Services
Means:
a) municipal sewage services or private communal sewage services and
individual on-site water services; or
b) municipal water services or private communal water services and
individual on-site sewage services.
Petroleum Resources
Means oil, gas, and brine resources which have been identified t
exploration and verified by preliminary drilling or other forms of investigation. This
may include sites of former operations where resources are still
sites that may be converted to underground storage for natural g
hydrocarbons.
Portable Asphalt Plant
Means a facility:
a) with equipment designed to heat and dry aggregate and to mix agg
with bituminous asphalt to produce asphalt paving material, and
stockpiling and storage of bulk materials used in the process; and,
b) which is not of permanent construction, but which is to be dismantled at
the completion of the construction project.
Portable Concrete Plant
Means a building or structure:
a) with equipment designed to mix cementing materials, aggregate, w
and admixtures to produce concrete, and includes stockpiling and storage
of bulk materials used in the process; and,
b) which is not of permanent construction, but which is designed to
dismantled at the completion of the construction project.
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Prime Agricultural Area
Means an area where predominates. This includes: areas
prime agricultural land
of and associated Canada Land Inventory Class 4-7
prime agricultural lands
soils; and additional areas where there is a local concentration
exhibit characteristics of on-going agriculture.
Prime Agricultural Land
Means land that includes specialty crop lands and/or Canada Land
Classes 1, 2 and 3 soils, in this order for priority protection.
Protected Heritage Property
Means designated real property and heritage conservation easement property
under the Ontario Heritage Act and property that is subject to a
agreement between the property owner and a conservation body or
government, registered on title, with the primary purpose of conultural
heritage resource or preventing its destruction, demolition or l
Public Service Facilities
Means land, buildings and structures for the provision of program
provided or subsidized by a government or other body, such as so
assistance, recreation, police and fire protection, health and educ
programs, and cultural services. do not include
Public service facilities
infrastructure.
Redevelopment
Means the creation of new units, uses or lots on previously deve
existing communities, including .
brownfield sites
Reserve Sewage System Capacity
Means design or planned capacity in a centralized waste water tre
which is not yet committedto existing or approved . Reserve
development
capacity for private communal sewage services and individual on-site sewage
services is considered sufficient if the hauled sewage from the can
development
be treated or disposed of at sites approved under the Environmen
Act or the Ontario Water Resources Act, but not by land-applying untreated,
hauled sewage.
Reserve Water System Capacity
Means design or planned capacity in a centralized water treatment
which is not yet committed to existing or approved .
development
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Residential Intensification
Means of a property, site or area which results in a net increase
intensification
in residential units or accommodation and includes:
a) redevelopment, including the of ;
redevelopment brownfield sites
b) the of vacant or underutilized lots within previously
development
developed areas;
c) infill ;
development
d) the conversion or expansion of existing industrial, commercial a
institutional buildings for residential use; and,
e) the conversion or expansion of existing residential buildings to create
new residential units or accommodation, including accessory
apartments, secondary suites and rooming houses.
Secondary Uses
Means uses secondary to the principal use of the property, inclu, but not
limited to, , and uses that produce value-
home occupationshome industries
added agricultural products from the farm operation on the prope
Sensitive Land Use
Means buildings or structures or parts thereof, amenity areas or
where routine or normal activities occurring at reasonably expected times would
experience one or more from contaminant discharges generated
adverse effects
by a major nearby facility. may be part of the natural or built
Sensitive land uses
environment. Examples include residences, day nurseries and edu
health facilities.
Settlement areas
Means urban areas and rural within Municipalities (such as
settlement areas
cities, towns, villages and hamlets) that are:
a) built up areas where is concentrated and which have a mix
development
of land uses; and,
b) lands which have been designated in an Official Plan for
development
over the long term planning horizon provided for in this Plan. In cases
where land in designated growth areasis not available, the
settlement
may be no larger than the area where is concentrated.
area development
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Significant
Means:
a) in regard to and areas of natural and scientific
wetlands, Coastal Wetlands
interest, an area identified as provincially by the Ontario
significant
Ministry of Natural Resources using evaluation procedures establ
the Province, as amended from time to time;
b) in regard to the habitat of and ,
endangered speciesthreatened species
means the habitat, as approved by the Ontario Ministry of Natural
Resources, that is necessary for the maintenance, survival, and/
recovery of naturally occurring or reintroduced populations of e
and , and where those areas of occurrence are
threatened species
occupied or habitually occupied by the species during all or any
its life cycle;
c) in regard to , an area which is ecologically important in terms of
woodlands
features such as species composition, age of trees and stand his
functionally important due to its contribution to the broader la
because of its location, size or due to the amount of forest cov
planning area; or economically important due to site quality, sp
composition, or past management history;
d) in regard to other features and areas identified in Section B1.4.2.5 of this
Plan, excluding , ecologically important in terms of features,
woodlands
functions, representation or amount, and contributing to the qua
diversity of an identifiable geographic area or .
natural heritage system
Criteria for determining significance may be recommended by the
Province, but municipal approaches that achieve the same objecti
also be used;
e) in regard to cultural heritage and archaeology, resources that are valued
for the important contribution they make to our understanding of
history of a place, an event, or a people; and,
f) in regard to other matters, important in terms of amount, conten
representation or effect.
Site Alteration
Means activities, such as the placement of fill, grading and excavatio
change the landform and natural vegetative characteristics of a
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Special Needs
Means any housing, including dedicated facilities, in whole or in
by people who have specific needs beyond economic needs, includi
limited to, needs such as mobility requirements or support funct
daily living. Examples of housing may include, but are not limited
special needs
to, housing for persons with disabilities such as physical, sens
health disabilities, and housing for the elderly.
Specialty Crop Area
Means areas designated using evaluation procedures established by the
province, as amended from time to time, where specialty crops su
fruits (peaches, cherries, plums), grapes, other fruit crops, ve
greenhouse crops, and crops from agriculturally developed organi lands are
predominantly grown, usually resulting from:
a) soils that have suitability to produce specialty crops, or lands
subject to special climatic conditions, or a combination of both,
b) a combination of farmers skilled in the production of specialty crops, and of
capital investment in related facilities and services to produce
process specialty crops.
Surface Water Feature
Means water-related features on the earthÈs surface including headwaters, ri
stream channels, inland lakes, seepage areas recharge/discharge
springs, , and associated riparian lands that can be defined by their soi
wetlands
moisture, soil type, vegetation topographic characteristics.
Threatened Species
Means a species that is listed or categorized as a on the
Threatened species
Ontario Ministry of Natural ResourcesÈ official species at risk
amended from time to time.
Valleylands
Means a natural area that occurs in a valley or other landform de
has water flowing through or standing for some period of the yea
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Wayside Pit or Quarry
Means a temporary opened and used by or for a public authority
pit or quarry
solely for purpose of a particular project or contract of road const
which is not located within the right-of-way of a public street.
Wetland
Means lands that are seasonally or permanently covered by shallo
well as lands where the water table is close to or at the surfac
the presence of abundant water has caused the formation of hydri
favoured the dominance of either hydrophytic plants or water tolerant plants. The
four major types of are swamps, marshes, bogs and fens.
wetlands
Wildlife Habitat
Means areas where plants, animals and other organisms live and f
amounts of food, water, shelter and space to sustain their populations. Specific
of concern, may include areas where a species concentrate at a
wildlife habitats
vulnerable point in their annual or life cycle and an area that
migratory or non-migratory species.
Woodlands
Means treed areas that provide environmental and economic benefi
private landowner and the general public, such as erosion preven
hydrological and nutrient cycling, provision of clean air and th-term storage
of carbon, provision of , outdoor recreational opportunities, and the
wildlife habitat
sustainable harvest of a wide range of woodland products. include
Woodlands
treed areas, woodlots or forested areas and vary in their level
the local, regional and provincial levels.
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APPENDIX ÇBÈ Ã CONTENTS OF AN ENVIRONMENTAL
IMPACT STUDY
The determination of the scope and content of an Environmental Impact
Study (EIS) shall be in general accordance with the guidelines set out in
this appendix and be agreed to in advance with the appropriate a
and shall be scoped as required.
The area under study shall generally include the lands that are subject of
the application and any lands that may be subject to impacts from the
proposed . Once agreement on the scope of the EIS is
development
determined, all or some of the items below may need to be carrie
a) a description of the proposed undertaking;
b) a three season survey of trees, shrubs and herbaceous vegetation
on-site and classification of community types using criteria as
standardized by the Ecological Land Classification for Southern
Ontario (Lee, et al., 1998);
c) a three season survey of bird, mammal and reptile and amphibian
species and an assessment of potential wildlife species based on
available habitat types with the bird survey being undertaken du
the peak period for migratory and breeding bird activity (i.e. M
June of the field season);
d) a list, based on the above mentioned inventories, of any vegetation
or wildlife species observed and reported on-site that are designated
rare, threatened or endangered by a government agency;
e) a description of the location and characteristics of all , all
wetlands
permanent and intermittent watercourses or waterbodies and the
associated quality and type of aquatic or (e.g., cold /
fish habitat
warm water) including observed and recorded fish species present
with reference to fish sampling data or benthic/invertebrate studies
should accompany the field data on watercourses/fisheries. This
may include preparation of an updated evaluation in
wetland
accordance with the Ministry of Natural Resources classification
system;
f) an overview of site geology, topography and soil types, including
data obtained from hand-augered holes or test pits;
g) an overview of site hydrology describing recharge and discharge
areas, and characteristics of existing or new wells;
h) a discussion of existing and proposed sources of potential
contamination (e.g. gas stations, machinery repair
i) operations, etc.);
j) a description of and interrelationships (e.g.,
ecological functions
ground water discharge maintaining a cold water trout stream, wi
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County of Elgin Official Plan
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passage corridors, provision of habitat for rare species, vegeta
steeply à sloped lands that function to prevent erosion, etc.);
k) how the proposed use affects the possibility of linking components of
the by natural corridors that may or may not
natural heritage system
be identified on the schedules to this Plan; and,
l) a Management Plan (MP) identifying how the will be
adverse effects
avoided over the construction period and the life of the underta
and how environmental features and functions will be enhanced
where appropriate and describing the net effect of the undertaki
after implementation of the MP. The MP shall also establish the
limits of buffers and setbacks adjacent to watercourses, waterbo
valleys, and vegetation to protect the natural feature and its
wetlands
attributes and/or function from the effects of .
development
As required, an EIS should also include mapping to illustrate the proposed
development in relation to natural heritage features and areas.
Description of Changes
Any EIS shall describe what changes the proposed and/or
development
will have on the following, if applicable:
site alteration
a) ground and surface water recharge and discharge;
b) predicted ground water use and potential for interference with n
wells (e.g., well yield, water quality);
c) ground water quality or quantity as it affects the natural envir
(e.g. discharge to surface, aquifer conditions);
d) surface water quality and quantity(e.g., sedimentation, temperature,
flow volume);
e) terrestrial quantity or quality (e.g., loss of deer
wildlife habitat
wintering yards, cover for wildlife movement, increased potentia
bank erosion);
f) aquatic or quantity or quality (e.g., water warming from
fish habitat
removal of streambank vegetation, potential for destruction or
alteration of a fisheries resource);
g) wildlife movement corridors;
h) the of the natural environmental features;
ecological function
i) noise and traffic levels and their impacts on wildlife as compar
existing conditions (e.g., truck traffic from excavation activities);
j) the potential for fragmentation or isolation of portions of a
significant
natural heritage feature or breakage of an identified linkage as
result of the proposed change in land use;
k) the potential for off-site discharge of materials (e.g., storm water
runoff, effluent, odours. air emissions) as a result of the prop
;
development
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County of Elgin Official Plan
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l) erosion potential from grading and construction techniques and
proposed mitigation measures for steep slopes or unstable soils;
m) the compatibility of the proposed land use with surrounding land
within the Greenlands system and/or associated linkages;
n) flooding or changes in storm water retention capabilities as a r
of the proposed land use or changes to flood attenuation capabil
of lands in the area; and,
o) the duration of the effects, the size of the area affected, the
sensitivity of the feature to change and any loss of
ecological
either within the area proposed for .
functionsdevelopment
In addition to the above, the EIS shall describe the positive im
enhancements that may occur as a result of mitigation.
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