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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 à 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 à 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 2 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 3 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 4 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 à 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 5 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 6 County of Elgin Official Plan July 20, 2012 PART 1 à 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. 8 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. 9 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. 10 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 à Land Use Plan Schedule B à Transportation Plan Schedule C à 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 à Defined Terms Appendix B à Contents of an Environmental Impact Study Appendix Map 1 à Natural Heritage Features and Areas 11 County of Elgin Official Plan July 20, 2012 PART 2 à 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. 14 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. 19 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 à 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 faade 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 à 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 à 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; 35 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; 36 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 37 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. 38 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. 39 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; 40 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. 45 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; 46 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; 47 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; 48 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: 50 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 51 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; 52 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 53 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 54 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 55 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 56 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 57 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); 58 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. 60 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 62 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 63 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. 64 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; 65 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 67 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; 68 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. 69 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 70 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 71 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; 73 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. 74 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 76 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 à 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 à 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 à 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. 82 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. 84 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 85 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. 88 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 89 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 90 County of Elgin Official Plan July 20, 2012 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 91 County of Elgin Official Plan July 20, 2012 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; 92 County of Elgin Official Plan July 20, 2012 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. 93 County of Elgin Official Plan July 20, 2012 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; 94 County of Elgin Official Plan July 20, 2012 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; 95 County of Elgin Official Plan July 20, 2012 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. 96 County of Elgin Official Plan July 20, 2012 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 97 County of Elgin Official Plan July 20, 2012 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. 98 County of Elgin Official Plan July 20, 2012 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 99 County of Elgin Official Plan July 20, 2012 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 100 County of Elgin Official Plan July 20, 2012 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. 101 County of Elgin Official Plan July 20, 2012 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 102 County of Elgin Official Plan July 20, 2012 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. 103 County of Elgin Official Plan July 20, 2012 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; 104 County of Elgin Official Plan July 20, 2012 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. 105 County of Elgin Official Plan July 20, 2012 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 106 County of Elgin Official Plan July 20, 2012 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. 107 County of Elgin Official Plan July 20, 2012 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 108 County of Elgin Official Plan July 20, 2012 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. 109 County of Elgin Official Plan July 20, 2012 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 110 County of Elgin Official Plan July 20, 2012 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 111 County of Elgin Official Plan July 20, 2012 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 112 County of Elgin Official Plan July 20, 2012 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 113 County of Elgin Official Plan July 20, 2012 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. 114 County of Elgin Official Plan July 20, 2012 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 115 County of Elgin Official Plan July 20, 2012 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 116 County of Elgin Official Plan July 20, 2012 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. 117 County of Elgin Official Plan July 20, 2012