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October 25, 2012 MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING OCTOBER 25, 2012 Council Chambers, West Elgin Municipal Building --------------------------------------------------------------------------------------------------------------------- DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Proposed Severance — Lot 9, Concession 8 (Pareznovic) (131) Proposed Severance — Lot 1, Concession 13 (Wiehle) (132) PLANNING: (131-136) 1.* Report re: Proposed Severance — Lot 9, Concession 8 (Pareznovic) 2.* Report re: Proposed Severance — Lot 1, Concession 13 (Wiehle) 3. Rodney Building Products site plan 4.* Report re: Draft Provincial Policy Statement 5. Update - Surplus Railway Lands —Thompsons Limited 6. Draft Port Glasgow Secondary Plan (under separate cover to council only) REPORTS: (C1-C7) 1. ROADS 2. RECREATION 3. BUILDING 4. WATER 5. DRAINS Oct. 25112..........Page 2 6. WEST ELGIN PRIMARY SYSTEM 7. ADMINISTRATION a) Resolution — close Furnival Road for Santa Claus parade in Rodney b) *Report re: Joint Services Agreement— Building Inspection c) Livestock claim — Van Bemmel ACCOUNTS CORRESPONDENCE: (D1-D3) 1.* Elgin Federation of Agriculture re: farmland soars in tax value Attached: letter from County of Elgin to Federation Report from Administrator/Treasurer dated September 27, 2012 2.* Lori Parker— request to waive fees for use of West Elgin Recreation Centre for fundraising event 3.* Intech Clean Energy — Rodney 2 project (letter only) BY-LAWS: By-law No. 2012-73 Authorize Joint Services Agreement-- Building Inspection NOTICE OF MOTION OTHER BUSINESS: (E1) 1. Closed session, litigation matter *Information enclosed Oct. 25112..........Page 3 CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS October 30, 2012 Tri-County Management Committee, 7:00 p.m. November 8, 2012 Council November 16, 2012 Ontario West Municipal Conference, London November 22, 2012 Council .E>�� C��n�r12uE3it F€ann2,s lrit:. 562'Weifinglon Street Candor:.Oetarfo WA 3F15 TeL (54 9?963-1023 Fax. (519) 438-77713 e-mail! on on s�eo3nrnuniiyplanner;eons r Community Planners Inc 23 October, 2012 MEMORANDUM #019012228 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance — Eugene Swain & Cheryl Ann Pilkey (Michael Parezanovic/Parezanovic Farms Inc.) — 22759 Queens Line - Part of Lot 9, Concession VIII — south side of Queens Line (County Road No. 104)—east of the Village of Rodney 1. Purpose • to create a lot out of a 16 hectare (39.5 acre)parcel for the purpose of disposing a surplus farm dwelling; • the lands proposed to be conveyed have a frontage of 45.7 metres (150 ft), a depth of 121 metres (396 ft) and an area of 5,518 square metres (1.4 acres). The parcel is occupied by an older single unit dwelling (erected pre 1970) and two large barns evidently used for storage purposes. No change in use is proposed; • the lands being retained have a frontage of 220 metres (723 ft), and an area of 15.4 hectares (38.1 acres). The parcel, which is devoid of buildings and structures, has been cleared extensively for agricultural purposes. No change in use is proposed; • the current owners of the subject lands, Eugene Swain & Cheryl Ann Pilkey, presently reside in the dwelling. They intend to convey the lands (in total)to Michael Parezanovic/Parezanovic Farms Inc. who have entered into an agreement of purchase and sale with the owners and are prepared to purchase the lands on the assurance that they would be able to sever the surplus farm residence. The lot occupied by the surplus dwelling and storage buildings would, in turn, be conveyed back to Swain and Pilkey. The balance of the farm would be consolidated (i.e merged in name and title) with abutting lands to the east owned by Parezanovic Farms Inc; • neighbouring lands comprise a mix of agricultural use, primarily cash crop. Residential lots are concentrated along Queens Line. No intensive livestock operations have been identified in the vicinity of the proposed lot. 2. Provincial Policy Statement PPS and Official Plan ,,.,�Ommurlity a� Planners Inc Eugene Swain&Cheryl Ann Plikey(Michael Parezanovic/Parezanovic Farms Inc.)-Proposed Severance #019012228 Municipality of West Elgin October 23,2012 page 2 • in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation; • in this instance, the dwelling and barns on the lands being conveyed is considered surplus to the needs of the proposed purchaser, Michael Parezanovic/Parezanovic Farms Inc., whose principle residence (and home faun) is located at 25468 Talbot Line. The farm operation consists of approximately 243 hectares (600 acres) of land spread over ten farms elsewhere in the Municipality of West Elgin; • the PPS requires that residential dwellings are prohibited on any vacant remnant parcel of farmland created by .the severance. Such a restriction is appropriately addressed as a condition of consent, if granted, through the application of a 'site-specific' zoning consistent with past practice in the Municipality. The application would be consistent with the PPS; • the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The creation of lots to dispose surplus farm dwellings in areas designated 'Agricultural' is permitted provided: a) the dwelling considered surplus has been in existence for at least 10 years; b) the dwelling is structurally sound and suitable, or potentially made suitable, for human occupancy; c) no new or additional dwelling is permitted in the future on the remnant parcel which shall be ensured through an amendment to the Zoning By-law; d) compliance with MDS 1 with respect to any livestock building, structure or manure storage facility on the remnant parcel; e) minimizing the loss of productive farmland;and f) deteriorated, derelict, abandoned farm buildings (including farm buildings and structures with limited future use potential)are demolished and the lands rehabilitated. (Section 6.2.10) • based on the information provided, the abovenoted criteria are satisfied or are capable of being satisfied. The dwelling, which remains occupied by the owners, is described as being in good condition and suitable for Planners Inc , Eugene Swain&Cheryl Ann Pi&ey(Michael Parezanovic/Parezanovic Farms Inc.)-Proposed Severance #0190/2228 Municipality of West Elgin October 23,2012 page 3 occupancy; • the two barns on the lands being conveyed are substantial in size and, as a result, would appear to have limited future use potential for storage purposes on a lot of the size being proposed. While Council has in the past been reluctant to require demolition of surplus farm buildings, in instances such as the situation at hand, demolition may be warranted and would be supported by the Official Plan. The PPS does not directly address the issue of surplus farm buildings; • the dwelling on the lands being conveyed is serviced by an on-site water supply (well) and an on-site sanitary waste disposal system. Confirmation will be required to ensure that the sanitary waste disposal system is wholly contained on the proposed lot. This matter is normally addressed as a condition of consent, if granted; • the proposed lot has an existing entrance to Queens Line (County Road No. 104) -- a public road under the jurisdiction of the County of Elgin. The lands being retained would be accessed via a separate existing field entrance serving the abutting farm they are being merged with. No new or additional entrances are required or proposed; • the loss of productive agricultural land appears to have been minimized to the greatest extent possible, reflective of landscaped open space adjacent to the dwelling and accessory buildings; • conformity with the West Elgin Official Plan is capable of being maintained. 3. Zoning By-law • the subject lands are zoned `site-specific' Agricultural (A1-56). The Al-56 zoning, which establishes a minimum lot area of 16 ha, was applied in 2006 when a previous owner (Ossel) created a residential lot from the parcel. The proposed residential lot (i.e. lands being conveyed) would require a re-zoning to Special Agricultural (A2) given its use and size. The lot would satisfy the minimum lot area and maximum lot area requirements (4,000 sq m & 1.0 ha respectively) of the A2 zone but would have slightly less than the minimum lot frontage requirement of 50 metres. Increasing the frontage is not possible given the presence of the existing residential lot created by Ossel and, accordingly, a 'site-specific' A2-# zoning is required to permit this deficiency; Planners Inc Eugene Swain&Cheryl Ann Pllkey(Michael ParezanoviclParezanovic Farms Inc.)-Proposed Severance #0190/2228 Municipality of West Elgin October 23,2012 page 4 • the lands being retained would satisfy the minimum lot frontage requirements (150 m) of the Al-56 zone but would have less than the minimum lot area requirement of 16 ha. A re-zoning to `site-specific' Agricultural (A14) would be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan. The parcel would readily satisfy the minimum lot area requirement of 16 ha assuming it is merged in title (as intended) with abutting lands to the east zoned `site-specific' A11-69. The enlarged parcel should be zoned 'site-specific' (A1-#)to ensure the prohibition of a dwelling applies. 4. Conclusions • the proposed severance would represent a type of lot creation which is both contemplated and permitted by the Provincial Policy Statement (PPS) and the West Elgin Official Plan. The Official Plan provides for the creation of lots occupied by dwellings considered surplus to the farm operation and suitable for habitation. There is no particular stipulation regarding ownership of the farm or residency of the prospective owners, only that the acquisition of additional farm parcels to be operated as one farm operation be taking place, which is the case in this instance. 5. Recommendation That the proposed application for consent be supported (based on the lands first being transferred in title to Michael ParezanoviclParezanovic Farms Inc.) subject to the following conditions and, upon receipt of an Application for Consent in the name of Michael ParezanoviclParezanovic Farms Inc., the Elgin Land Division Committee advised accordingly; i) That the requirements of the Municipality, if any, are satisfied with respect to the existing on-site sanitary waste disposal system serving the dwelling on the lands being conveyed, ii) That the lands being conveyed be re-zoned to 'site-specific'Special Agricultural(A24) to permit their size and use for residential purposes, and permit the creation of a lot having less than the minimum lot frontage requirement of 50 metres; iii) That the lands being retained and the lands they are being added to be re-zoned `site-specific' Agricultural(A 14)to prohibit the erection of a dwelling thereon in the future; iv) That the purchaser of the lands being retained undertakes to include in the Agreement of Purchase and Sale to register an application consolidating the lands being retained with the east half of Lot 9, Concession Vlll, being PIN (insert registry office PIN), on completion of the purchase and to provide the Ami thin , Planners Inc f Eugene Swain&Cheryl Ann Pllkey(Michael Parezanovic/Parezanovic Farms Inc.)-Proposed Severance #078012228 Municipality of West Elgin October 23,2012 page 5 Municipality with proof of same upon registration so that the lands being retained are merged in the same name and title as the lands to which they are being added; v) That Section 50(3) of the Planning Act, R.S.O.. 1990. as amended, shall apply to any future transactions or conveyances on the subject lands; REASONS i) The severance is 'consistent with'the Provincial Policy Statement; fl) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Township of Aldborough Zoning By-law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied; v) A legitimate surplus dwelling scenario would appear to exist. (original signed by) Ted L. Halwa, MCIP, RPP APPLICATION F• " + CONSENT 2 Eugene ` •vic Farms Inc.) Municipality • rY�4Y rir�l,f 22759 Queens Line WEST ELGIN Pt Lot 9, Concession Vill FIGURE 1 Municipality of West Elgin (Aldborough) U � � {=1 Jii 7 ZONING t ' I' !.rl + 3r - 1 ill `�4 } - r{ •�S`E -',' Al AGRICULTURAL A2 SPECIAL AGRICULTURAL 3. ip,-j f:, 1 1 RR3 RURAL RESIDENTIAL THREE TIALTWO I +r i 47Ga1 i ` Wtl 1 k k R..' °' ! j' ���� z��El!tlf>r#sa F ■ C� �r� !'I�;iw; a I k',t I y1�7 r 0 I' I 0 ,r i, ,.I ; _ r _I. ! { .. Isle., 11, Rr"� ,_.r .-i.f � a, �� y�l! 11`�NiPL. 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I' 1 - �� ,r• ,11; I1W 11 i II, ,.ks g '�'. � } k !Ilr( 1i4� > r `` °. ° ■, k 1 1 01 #it..- ill I s le -' l fj # } -{{� !i 74I, Ipi, t♦rE ter �IY i !!-F Il Eic F 0 O 0 �s ilali9f� IR�ILA '��.i illl 'h! �!!yA 7 l��.PI_�'F S'ly F>;jls;t:l ' #!r i -, [,{{ -f��'4F r•*`.•� it ^4f:�: 'r i i L E 1 s�y� {`�"n'gAPt>•.ftE83f'�L�,"{.1�.._,l� '�3}�+��1�° v:i I}��""°"�".'..->•�.w.,,. i .- .,(}�,� •F � ��r � r�it ,.' II k k ' ;,'i� #- i s a�r1�H17 I r15 -'.r�.rf�k 1i7� }l� yl�j3 si s' � �. LAI` t g 11 r 1y =sA'`t,1-I_ ' ?� s {!I�3 l ii,y{rC z �iE� r r.�sv ra..� � - �a a±»r, i r•r5,:�7'! 7 t• '�-,�,�:7m�� T.s 4 i J. t� ' , �i�i11 EI �tel'4[�g�i'I <i�� .J��• 3, i 4 MUNICIPALITY OF WEST ELGIN r APPLICATION FOR PROPOSED SEVERANCES . PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: _ ��' � Y`� �C „�� a:C� x,o�J��G �czC►n.S Inc, u.�1�+ � ADDRES ..,��ne (Sx.tr ' r� PHONE: - S v'� C� �� S/ — Gad—3©/a'' 2. LOT _ CONCESSION ACREAC OF TOTAL PARCEL: + g�cxc. e5 3. PARCEL TO BE SEVERED: ACREAGE= /"3&azry5 FRONTAGE I50 �eQ'-'- DEPTH 37 rno<o-or Iess 4. ACREAGE TO BE RETAINED: �6ac�5 ,� 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL-SURPLUS DWELLING ONLY 1S THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES —)�_ NO WHEN WAS DWELLING CONSTRUCTED? 9EAR) IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES -',`( NO WHERE IS YOUR PRINCIPLE RESIDENCE? 9 7J- L `, Re* �� ,v��r�o MUNICIPALITY 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? U f r 1 F .f ti C CLr'�c� {{ i 0..•C"• r �!1 G ��C-rv% t l n t t L� a 7. OTHER COMMENTS: `1 X �s _l'I_��V1Ci 1 7 �1�n �v �s suet.*_1.!C, 1f��q.e n e �r�J os��St►3 C r� 4 Garr/Ann P'.1 ke ,n n�1 y ` 7r1 -3 C3_t'°t� II nc S e- lk� s;� ' �v +Qg lry`�� C�.c� l Pa t' z r vieC��r� o-CCZee Na IC -M-5. DATE � 0/ 2--- SIGNATURE Ilk SIGNATURE s�` %) NOTE: There is no charge for the first time Counci""' s op ed sev ra ce application. T fee far �5 additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 4th Thursday of each month. Please submit this application to the Clerk by the 2nd Wednesday of the month for inclusion in the agenda. ko co IOWA 'rl5 �CL11� "a •T� �1�1 t C.� A •I O � � S�J �T� �� �. �ors�7�.�.C d �`� �"'�S�vt]c�ti� � ���'`���°I ���e b� 'C'��.b� , �o:y`'`rr v'�s�rC�o•-�'-�' t�c'e?�•.-+rav`;G cart� •-F' Fz�-c*+ s Inv-. 4, c- f OH N.ti i +`r Q a Mck "O,50 Zl- �— y CHESPIP�K� SOV� y N RPklLW Asap OF�Ip cr7 P1 LkAj � MRlhl Lrnll~ r s • � - 9 � � sZa«WAY Latin I i i i -f e 4lif n = u(e" 41-c` ?'': Yh� f y T 5 193 963 1723 ar•'i �s „-.?'dif: OflCl(:i.r i3Ofllttl clf , V ai71M tJ l INN' I latnners Ins; 23 October 2012 MEMORANDUM #0008/2226 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance— Manfred Wlehle—21099 Talbot Line—south side of Talbot Line (County Road No.3)east of Blacks Road 1. Pur ose • to create a lot out of a 21.3 hectare (52.5 acre) parcel for the purpose of disposing a surplus farm dwelling; • the lands proposed to be conveyed have a frontage of 255 metres (836 ft), a depth of 96.7 metres (317 ft) and an area of 2.7 hectares (6.6 acres). The parcel is occupied by an older single unit dwelling (erected circa 1920)and a storage barn. A chicken coop has since been removed from the parcel. No change in use is proposed; • the lands proposed to be retained have a frontage of 49.8 metres (163 ft) on Queens Line, a depth of 708 metres (2,322 ft) and an area of 18.6 hectares (46 acres). The parcel is without buildings or structures and has been cleared for agricultural purposes with the exception of a large gully/low- lying area situated generally west of the aforementioned dwelling and behind the barn on the lands proposed to be conveyed. No change in use is proposed; • neighbouring lands comprise a mix of agricultural uses, primarily cash crop. Rural residential development is limited to scattered locations along Talbot Line. No large livestock operations have been identified in close proximity the proposed lot. A residential lot was previously created from the farm during the 1990's when the then owner (Lupsor) divided the original farm holding into smaller parcels. 2. Provincial Policy Statement PPS and Official Plan Plannersinc Manfred Wiehle-Proposed Severance #008812226 Municipality of West Elgin October 23,2012 page 2 in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation; • the dwelling and storage barn on the lands being conveyed is considered surplus to the needs of the owner, Mr. Wiehle, who purchased the farm in August 2012 and maintains a principle residence nearby at 21239 Talbot Line. Mr. Wiehle farms the lands being retained (cash crop) in conjunction with two other farms totaling 61 hectares (150 acres). • under the PPS, the loss of prime agricultural land is a key consideration. The size of the proposed lot, at 2.7 hectares (6.6 acres), is large for residential purposes and includes agricultural lands lying west of the dwelling but isolated from the more extensive area of cultivated lands on the lands by the aforementioned gully. While an effort has been made to maintain a straight rear lot line consistent with the depth of the abutting residential lot to the west, a greater downsizing of the proposed residential lot would seem feasible and more in keeping with the PPS. Mr. Wiehle would prefer to maintain the size of the lot as proposed insofar as the gully area is of little value to the farm operation; • the PPS requires that residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. Such a restriction is appropriately and normally addressed as a condition of consent, if granted, through a `site-specific' zoning consistent with past practice in the Municipality and the PPS; • the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The creation of lots to dispose surplus farm dwellings in areas designated 'Agricultural' is permitted provided: a) the dwelling considered surplus has been in existence for at least 10 years; b) the dwelling is structurally sound and suitable, or potentially made suitable, for human occupancy; c) no new or additional dwelling is permitted in the future on the remnant parcel which shall be ensured through an amendment to the Zoning By-law; Planners Inc Manfred Wiehle-Proposed Severance #000812226 Municipality of West Elgin October 23,2012 page 3 d) compliance with MDS i with respect to any livestock building, structure or manure storage facility on the remnant parcel, e) minimizing the loss of productive farmland,and f) deteriorated, derelict, abandoned farm buildings (including farm buildings and structures with limited future use potential)are demolished and the lands rehabilitated.(Section 6.2.10) • based on the information provided, the abovenoted criteria (with the possible exception of item e) are satisfied or are capable of being satisfied; • the dwelling on the lands being conveyed is serviced by the municipal water supply system and an on-site sanitary waste disposal system. Confirmation will be required to ensure that the sanitary waste disposal system (located west of the dwelling) is wholly contained on the proposed lot. Based on the proposed configuration, this would appear to be the case. This matter is appropriately addressed as a condition of consent, if granted; • the proposed lot has an existing entrance to Talbot Line (County Road No. 3) -- a public road under the jurisdiction of the County. The owner has advised that the lands being retained have a separate field entrance and no new or additional entrances are required or proposed; • the dwelling and storage barn on the lands being conveyed are described by the owner as being structurally sound and in a good state of repair. The barn is considered suitable for storage purposes; • conformity with the West Elgin Official Plan is capable of being maintained. 3. Zoning By-law • the subject lands are zoned Agricultural (All). The proposed residential lot would require a re- zoning to Special Agricultural (A2) given its size. The minimum lot area and minimum lot frontage requirements (4,000 sq m and 50 m respectively) of the A2 zone would be satisfied. The lot, as Ranne S 1`icf 5 Manfred Wiehle-Proposed Severance x#0008 12226 Municipality of West Elgin October 23,2012 page 4 proposed, would exceed the maximum lot area requirement (1.0 ha). A reduction in the area of the lot to comply with this standard appears feasible but likely to exceed the maximum permitted. A 'site-specific' (i.e. A24) zoning would be required to permit the oversized parcel if greater than 1.0 ha; • the lands being retained would have less than the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A re-zoning to 'site-specific' Agricultural (A1-#) would be required to permit these deficiencies as well as prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan. 4. Conclusions • the proposed severance would represent a type of lot creation which is both contemplated and permitted by the Provincial Policy Statement(PPS)and the West Elgin Official Plan; • a reduction in the area of the lot being conveyed would seem feasible. Consideration should be given to moving the easterly proposed lot line such that it becomes contiguous with the existing easterly boundary of the subject lands. This would eliminate a small, remnant sliver of agricultural land which would be difficult to access and use for such purposes. Based on aerial photography, it would appear possible to reduce the area of the lot to a depth of 96.7 m, a frontage of 122 m and an area of approximately 1.5 ha (3.7 acres). Independent access to the lands being retained and location of the sanitary waste disposal system in its entirety along with required minimum setbacks from property lines on the lands being conveyed also needs to be taken into consideration in any down-sizing. 5. RECOMMENDATION That the proposed consent by Manfred Wiehle be deferred and the applicant requested to submit a revised proposal with a reduction in the area of the lands being conveyed or, in the alternative, additional justification for the size of the parcel being requested. Banners inc Manfred Wiehle a Proposed Severance #000812226 Municipality of West Elgin October 23,2012 page 5 (original signed by) Ted L. Halwa, MCIP, RPP APPLICATION FOR + CONSENT Manfred Wiehle Municipality . 21099 Talbot Line 2. 1 Iv 1 4 Pt Lot Concession Municipality of West Elgin -.- _ ZONING All i l9iJ li - +!' I .� t31�didh�'+{1 J. 4 I i RESIDENTIAL TP TRAILER PARK RT .�[' ;.(�4-- .r`"�����r"•� .�w��u:��•�::,ri:>> -raj �I���e.�,.1,:«�'.�.. � ;�.:.��a�+ed�° '�'''r�t.w���'-rl"f-ri?aa�•,�� II41�i.11i! 1 f t -° I IPr 5 {aJ rl hi I I`�lII'IFi� t � i. � r� i � '' f � ��fl�i Id�..�J�If1I if :Ihifl 1 1• ` ` 3� !1191 R '! s E 1 1 : I _ I.. >� il� I� � 11�Y '�'.i 1 J ! I-" j�� •':II 1i*V 0U,� i I$$ A. L }} .,II1 �I�1 •� it Yi rE a Yw I+ LAW,GI J g 41 _ 1 1 (•_ Ei�1 €� ks �t1 � i 1( 5 �.�� !_; 1 { t i 1� + r l di 4 111 I '�7z1 'rtius.J: :?It�: �5 FI� 1 i:1I !! Iry lnrg+. 1•Ilv ^1 t- - r IL 1 !Irl J t,.a I!` Srd JyKf 1 -r+ J -. " •n Y li<1S?,aalisifl , r! & (I �.: 1 i s !III I .1111 �7L`1•f it } r R �� ' I� 1 I � � - �•� all 1 I ' }''`'S fl�f • IS/i. l i JJJ��� ! ' ;i I t 71 L �i•wt<..�ubmau�x n1 1 � y., RyJ�l S1S�I �1�� ,f 1, �� rl f �1 f' y 1 �,�u. � y �•�, 4�s _I� �. 1Y r) 1 l a.r p I t `?}jl �• IL !1# °I 1�_ ISi57 syj 1 ;(D.5 1 :1 60 1( - Metres t f -'I�1; f t L {� � `I .•'e..i~ O 0 11• �y�y±(�� �Y>�?�'�t �1.'�.�[...�' �:t�.ti�'lul dpi :•:,lt@,t� f-s_,:3�: u1J. i.. _ _ r«,.x::uu.;< ��J...�Jn.11, _I:�I�.,..�.,1.,_Ifi�.1.1,., .1. �>i: t I r 3d .'/ ■ • ■ 1 111 � - (OA MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: l�lJ� - 6 IJ16624t' l a';Mll;-- ADDRESS: / r,12 (107- PHONE: 09 1 2. LOT 13 ACREACE OF TOTAL PARCEL: J-Z 5 - 3. PARCEL TO BE SEVERED: _ 3 %/r ill ACREAGE b1f 5Y FRONTAGE &561 32/�r DEPTH 1 , y/�I'� `Vy 4. ACREAGE TO BE RETAINED: 9 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL-SURPLUS DWELLING ONLY � IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES �/ NO WHEN WAS DWELLING CONSTRUCTED?_ 17,90 (YEAR) IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES L-,< NO WHERE IS YOUR PRINCIPLE RESIDENCE? MUNICIPALITY W -57- 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: � � C 1-0 lya r; -31-'V�of o „. /::3 J it&�Z q- -7_0 DATE C i 20. SIGNATURE NOTE: There is no charge for the first time Council eviews a proposed severance application. The fee for additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council at their meeting held on the 41h Thursday of each month. Please submit this application to the Clerk by the 2nd Wednesday of the month for inclusion in the agenda. 1 TV ]` r .7; 1 LIDz �{{ t /AlA, zv l ! / � / �• � � •/ </ J � ! f�/ J J F/ �it / ! , \ r s 7 f L All .aa f r1 '� 1 �, Community Planners Inc 22 October 2012 MEMORANDUM #000811925 TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Provincial Policy Statement, 2005 -5 Year Review The Province has recently(September 2012) released its proposed revised version of the 2005 PPS arising out of its five year review. Input is being sought from municipalities and other stakeholders. The deadline for submissions is the 23`'of November 2012. Under the Planning Act, decisions of Council (including the Elgin County Land Division Committee and the Lower Thames River Conservation Authority) that affect any planning matter under the Act must be consistent with the PPS. Consideration of the PPS is a key factor in obtaining the approval of the Ministry of Municipal Affairs and Housing where required (e.g. official plans, official plan amendments, plans of subdivision/condominium) and is routinely taken into account by the Ontario Municipal Board in planning matters that come before it affecting the Municipality. A formal submission by the Municipality of West Elgin was made to the Ministry of Municipal Affairs and Housing in November 2010. Some of the following issues were raised by the Municipality: 1. Building Strong Communities (Section 1) • there are conflicting statements and directions in the PPS and the manner in which they are interpreted and applied by the Province. Prime agricultural areas are to be protected for long-term use for agriculture (Section 2.3) and non-agricultural uses strictly limited in these areas, yet municipalities are to promote economic development and competitiveness through, amongst other measures, providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future business (Section 1.3); Community Planners Inc PPS—5 Year Review #1000811925 Municipality of West Elgin 17 October 2012 page 2 • a bias seems to exist when applying the PPS, insofar that the policies around the protection of agriculture appear to take precedence over those around economic development and measures to build strong communities. While the Municipality had requested the Province to address this matter in its review of the PPS, the 'status quo' remains. • the PPS now makes reference to building healthy communities and achieving resilient development; 2. Surplus Dwellings(Section 2.3.4.1) • while there was some concern that the severance of surplus dwellings, long considered by West Elgin and other municipalities as a legitimate policy in agricultural areas, would be eliminated entirely from the PPS, the revised version of the PPs would still permit the severance of surplus dwellings. The PPS continues, however, to remain vague on the matter of "farm consolidation" as it relates to residency/ownership and also remains silent on the issue of surplus farm buildings which are invariably included along with the surplus farm dwelling in severance applications to dispose these dwellings; • the issue of lot size has been addressed by the inclusion of the following: the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services. While not a stipulation of the existing (2005) PPS, it was a policy of the previous version (1997). According to the Ontario Ministry of Agriculture, Food & Rural Affairs, the policy on lot size appears to have been inadvertently omitted in the existing PPS and is simply being re-instated. In the case of surplus farm dwelling severances, our experience has been that it is difficult to keep the lot to a minimum often as a result of the location of the dwelling and the tendency to include surplus farm buildings with the dwelling. • under Permitted Uses (Section 2.3.3.3) in prime agricultural areas, it is stated that new land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. In the case of surplus dwelling, whether or not to apply MDS to a livestock operation already situated on a separate lot has always been understood to be discretionary and is in fact stated as such in the MDS Guidelines (Publication 707) produced by OMAFRA: Where a new lot is proposed with an existing dwelling, and that dwelling is already located on a lot separate from the subject livestock facility, MDS I is not applied as the potential odour conflict Planners Inc PPS—5 Year Review #000811925 Municipality of West Elgin 17 October 2012 page 3 is already present between the neighbouring livestock facility and the existing dwelling. However, municipalities may choose to apply MDS I from the neighbouring livestock facility to a proposed lot with an existing dwelling. Direction to apply MDS I in these circumstances should be clearly indicated in the municipality's planning documents. • the West Elgin Official Plan requires compliance with MDS only as it relates to livestock buildings and structures on the remnant farm parcel (i.e. the lands from which the surplus dwelling is severed). Compliance with MDS is required by the PPS as the surplus dwelling (once severed becomes the nearest neighbouring dwelling whereas before it was on the same parcel and MDS did not apply. This apparent contradiction between the PPS and the MDS guideline may warrant clarification. • On—farm diversified uses. - this is a new term in the PPS which replaces a previous term referred to as secondary uses. Added terminology includes reference to the uses being small in scale and intended to help support the farm. The uses do not evidently have to be farm related. In many rural municipalities these uses are referred to as home occupations; • the definition of Agriculture—related uses has been revised to remove the reference to having to be small scale which was proving to be unduly onerous. Some ambiguity still exists in the definition which is likely to be rectified. • dog kennels, outdoor recreation (e.g. paintball facilities, motor-cross tracks, driving ranges) and other non- agricultural uses -- previously potentially permitted as `secondary uses' — are now for all intents and purposes prohibited. These uses are best suited to rural areas and, if restricted to settlement areas, usually lead to conflicts. A recognition of the legitimate need that exists to locate certain non-agriculture related uses in `prime agricultural areas' is warranted, but has not been addressed. 3. Natural Heritage(Section 2.1) • as a result of issues raised at a public meeting (November 2007) on the West Elgin Official Plan with respect to the designation of wetlands, both Council and landowners expressed surprise and concern regarding notification measures (or lack thereof) in the PPS. In addition, the lack of opportunity afforded landowners to question the basis for the designation of a wetland, the effect on adjacent lands and boundary determination remains a concern which has not been addressed in the draft PPS. Community F.77` Tanners Inc L PPS—5 Year Review #000811925 Municipality of West Elgin 17 October 2012 page 4 4. Development on Partial Services(Section 1.6.6.5) • the draft PPS is somewhat less restrictive on development on partial services in settlement areas permitting infilling and minor rounding out of existing development where soil conditions are suitable and no longer requiring there be reserve capacity in the water supply and sewage system. The 5 lot limit on the creation of lot on individual services has been removed. 6. Consents for Legal or Technical Reasons(Section 2.3.4.2) • an issue that has and will likely continue to prove frustrating for the Municipality and the landowners involved is the matter of severances to re-establish ownerships which were inadvertently merged in title as a result of amendments to the Planning Act dating back to the 1970s. In the case of an application for consent by Frank & Irene Sura (2006) and more recently in the case of Eva Newport (2010), the situation was encountered whereby agricultural parcels that had historically been separate lots were later inadvertently merged in title; • in the case of Frank & Irene Sura, the application was denied by the County of Elgin Land Division Committee on the basis that it did not meet the definition of the PPS of severances for `legal or technical' reasons meaning severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. The owners appealed the decision to the OMB which ultimately ruled in their favour, although the owners and the Municipality found the process to be both costly and time-consuming. • a more flexible policy in the PPS governing these types of situations is justified and would have saved the landowners in question (as well as potentially others in the future) a lot of anxiety and expense. The revised PPS provides a definition of creation of a lot for legal or technical reasons but it is largely unchanged from the current version and does not directly address the Sura-type situation. In the West Elgin Official Plan, MMAH did not object to the inclusion of a policy which would supports these types of severances designed to restore previous severances which were inadvertently merge in title. Conin'lunity Planners Inc; PPS—5 Year Review #000817925 Municipality of West Elgin 17 October 2012 page 5 7. Other • Other noteworthy changes in the revised PPS include new or enhanced policies around climate change, energy conservation, recreation and trails, stormwater management, species-at-risk, active transportation, transportation and infrastructure corridors and comprehensive (5 year) reviews. Overall, there does not appear to be significant changes in the new PPSs that will have an adverse impact on decisions affecting planning matters in West Elgin or to the current policy direction on planning issues as expressed in the West Elgin Official Plan. (original signed by) Ted L. Halwa, MCIP, RPP DRAFT PROVINCIAL POLICY STATEMENT Under the Planning Act Track Changes Version 2012 This document identifies changes from the Provincial Policy Statement, 2005 in the Draft Policies for Public Consultation with additions shown in grey highlighting and deletions shown in striketh ough and grey highlighting. While this document has been carefully prepared, readers should refer to the Draft Policies for Public Consultation, available at Ontario.calpps, for the official proposed policies. PROVINCIAL POLICY STATEMENT TABLE OF CONTENTS Part I PREAMBLE..----- Part II LEGISLATIVE AUTHORITY __ ------------------------------------------------- ----_1 Part III HOW TO READ THE PROVINCIAL POLICY STATEMENT 2 Part IV VISION FOR ONTARIO'S LAND USE PLANNING SYSTEM 4 Part V POLICIES ---•--•-------------- 6 1.0 BUILDING STRONG HEALTHY COMMUNITIES 6 ------- ----•-----.--------------- -- 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 6 •-•--------------------- Settlement Areas.-__--- • -----------------------------------------••----------- --- 7 • ------••----------------- Rural Areas in Municipalities._.•_-- 9 Rum!Al aas i-ii Territory Without Municipal Organization 10 1.2 Coordination 10 Lai d'Use Compatibility .......... -_ 11 1.3 Employment s ---------------•---• -------------------- ....--------------------... 12------------- .. Employment Areas-------------- 12 1.4 Housing-------------------------------- 12 1.5 Public Spaces, Recreation, Parks, Trails and Open Space_______ 14 1.6 Infrastructure and Public Service Facilities Sewage,a+W Water and Stormwater 15 Transportation Systems----_ 17 Transportation and Infrastructure Corridors 17 Airports, Rail and Marine Facilities 18 Waste Management 18 EnergySupply---------------------------------------------------------------------------------------- 1.7 Long-Term Economic Prosperity 19 1.8 Energy Conservation,affd Air Quality and Climate Change--------------- 2.0 WISE USE AND MANAGEMENT OF RESOURCES 21 2.1 Natural Heritage_________________ 21 2.2 Water--------------------- 2.3 Agriculture 23 -----------------------------------------------------------------------------------.------------------- 2.4 Minerals and Petroleum--_--.-_--_ - 2.5 Mineral Aggregate Resources 26 2.6 Cultural Heritage and Archaeology 28 3.0 PROTECTING PUBLIC HEALTH AND SAFETY --..-- 29 3.1 Natural Hazards 3.2 Human-Made Hazards 31 4.0 IMPLEMENTATION AND INTERPRETATION_- 32 5.0 FIGURE 1--------------------------------------------------------------------------------------------6.0 DEFINITIONS_____________________________ PRWNCIAI_POLICY STATEMENT Part Io PREAMBLE The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario's policy-led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. it also supports the provincial goal to enhance the quality of life for all.Onta#•ians i e *• °� 'Af 4.=;- The Provincial Policy Statement provides for appropriate development while protecting resources of provincial interest,public health and safety, and the quality of the natural environment. The Provincial Policy Statement supports improved land use planning and management, which contributes to a more effective and efficient land use planning system. The policies of the Provincial Policy Statement may be complemented by provincial plans or by locally-generated policies regarding matters of municipal interest. Provincial plans and municipal official plans provide a framework for comprehensive, integrated, place based and long-term planning that supports and integrates the principles of strong communities, a clean and healthy environment and economic growth, for the long term. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations,policies and programs may also affect planning matters, and assist in implementing these interests. Part II: LEGISLATIVE AUTHORITY The Provincial Policy Statement is issued under the authority of&section 3 of the Planning Act and came into effect on<DATE>Mar-eh 1, 20 . .ell Of 9fteF M6wh 1, In respect of the exercise of any authority that affects a planning matter,&section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" policy statements issued under the Act. 1 PROVINCIAL POLICY STATEMENT Part III: HOVE TO READ THE PROVINCIAL POLICY STATEMENT The provincial A policy-led planning system recognizes and addresses the complex inter- relationships among environmental, economic and social factors in land use planning. The Provincial Policy Statement supports a comprehensive, integrated, place.=based and long-term approach to planning, and recognizes linkages among policy areas. Read the Entire Provincial Policy Statement The Provincial Policy Statement is more than a set of individual policies. It is intended to be read in its entirety and the relevant policies are to be applied to each situation When rho-re than one policy rs relevant,a,4 decision maker should consider all of the r elevant policies,to understand how they work together 7 The'language of each policy, rricluding the Implementation and Interpietation;policies,will assist decrsiori makers in understanding how;the policies are to be irnplernenteci: There is no.implied priority in the order in which the policies appear. yi and Consider Specific Policy Language When applying;the Provincial Policy Statement it is important to consider the specific language.of the-,policies Ead' policy provides dii ectror on how it is to be implemented, how it is si' dted`withrn the broader Provmcial Policy Statement,and how it relates to o:thei` - polioie"s. Some policies set out positive directives, such as "settlement areas shall be the focus of growth and development". Other policies set out limitations and prohibitions, such as "development and site alteration shall not be permitted". Other policies use enabling or supportive language, such as "should," "promote" and "encourage". The choice of language is intended to distinguish between the'types of policies and the nature of implementation. -There is some discretion when applying a policy with enabling or supportive language in contrast to a polity with a directive, limitation or prohibition. 2 PROVINCIAL POLICY STATEMENT Geographic Scale of Policies The Provincial Policy Statement recognizes the diversity of Ontario and that local context is important. Policies are outcome oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. W}uIe the Pioviticiai Policy Statement is utended`to be mead as'a whole, notall polces;wiIl be applicable to every site of area; 'The Provincial Policy Statement applies at a range of geographic scales. Some of the policies refer to specific areas of features and can only be appleci where these featiui es or areas exist Other policies me -to plaiming objectivos that ned d to be considered in the context of the munxczpality orplai�nttg area as a whole, and are not necessarily applicable:to A's pecific"site ordevelopment proposal Policies-Represent 1Vln1mufi Standards The policies of tine Provincial Policy Statement represent minimum._staridards. Within the.framework of the provincial policy-led planning system,planning authorities and decision-n akei s may build upon these minimum standards to address matters of importance to a specific community, unless doing so wou. conflict with any policy of the Provincial Policy Statement; Defined Terms and Meanings Except for references to legislation which are tFaditienally italicized, other italicized terms in the Provincial Policy Statement are defined in the Definitions section. For other terms, the normal meaning of the word applies. Terms may be italicized only in specific policies; for these terms, the defined meaning applies where they are italicized and the normal meaning applies where they are not italicized. Defined terms in the Definitions section are intended to capture both singular and plural forms of these terms in the policies. 3 PROVINCIAL POLICY STATEMENT Part IV: VISION FOR ONTAR109S LAND USE PLANNING SYSTEM The long-term prosperity and social well-being of Ontarians depend on maintaining strong, sustainable and resilient communities, a clean and healthy environment and a strong economy. Ontario is a vast province with diverse urban, rural and northern communities which may face different challenges related to diversity in population levels, economic activity, pace of growth and physical and natural conditions. Some areas face challenges related to maintaining population and diversifying their economy,while other areas face challenges related to accommodating and managing the development and population growth which is occurring, while protecting important resources and the quality of the natural environment. The Provincial Policy Statement reflects this diversity, which includes the,histories and cultures of Aboriginal peones, and is based on good planning principles that apply in communities across Ontario. The Province recognizes.the rrnporti mee of consulting witli Aboriginal communities, as appropriate; on planning matters" hat'hay affect their rigfits and interests. The Provincial Policy Statement focuses growth and develop.pient within settlement areas and away from significant or sensitive resources and areas which may pose a risk to public health and safety. It recognizes that the wise management of land use change may involve directing, promoting or sustaining development gr-ewt Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase"the use of active transportation and transit before other modes of travel. .,,,... u. They also support the financial well-being of the Province and municipalities over the long term, and minimize the undesirable effects of development, including impacts on air, water and other resources. Strong, liveable and healthy communities promote and enhance hurian heal.th"and social well-being;*ad are economically and environmentally sound, and are resilient to climate change. The Province's natural heritage resources, water resources, including the Great Lakes, agricultural resources lmW-s and the food provided by thesq areas, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. The Province must ensure that its resources are managed in a sustainable way to maintain biodiversity, protect essential ecological processes and public health and safety, minimize environmental and social impacts, and meet its long-term needs. 4 PROVINCIAL POLICY STATEMENT It is equally important to protect the overall health and safety of the population. The Provincial Policy Statement directs development away from areas of natural and human- made hazards, where these hazards cannot be mitigated. This preventative approach,supports provincial and municipal financial well-being over the long term,protects public health and safety, and minimizes cost, risk and social disruption. Taking action to conserve land and resources avoids the need for costly remedial measures to correct problems and supports economic and environmental principles. Strong communities, a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity,human and environmental health and social well-:being should take precedence over short-term considerations. The fundamental principles set out in the Provincial Policy Statement apply throughout Ontario, s. To support our collective well-being, now and in the future, all land use must be well managed. The lfki Qpij� I' so q 4e alp s 5 PROVINCIAL POLICY STATEMENT Part Vo POLICIES L® BUILDING STRONG HEALTHY COMMUNITIES Ontario is a vast province.with urban, rural, and northern cornrnun ties with diveisity.in population levels, economic activities, pace of growtn and pl ysrcal?and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainft. i ity.by piohlotmg strong, liveable,44d healthy and resilient communities,protectirig the environment and public health and safety, and facilitateing economic growth. Accordingly: 1.1 MANAGING AND DIRECTING LAND USE TO ACHIEVE EFFICIENT AND:RESILIENT DEVELOPMENT AND LAND USE PATTERNS 1.1.1 Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including affordable housing), employment (including industrial, commercial and institutional uses), recreational,park and open space uses to meet long-term needs; C) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; C) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; fl improving accessibility for persons with disabilities and.the. elde4y by identifying;preventing and removing••am^ving aad/ei preventing land use barriers which restrict their full participation in society;.&ad g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; and h) promoting development and land use patterns that maintain biodiversity and resilience to climate change. 1.1.2 Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet 6 PROVINCIAL POLICY STATEMENT projected needs for a time horizon of up to 20 years. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Nothing in policy 1.1.2 limits the planning for infrastructure and public service .fiaedit es beyond a 2{) year'time'horizon. 1.1.3 Settlement Areas Settlement.areas are urban areas and rural settlement areas, and include cities; towns, villages and hamlets Ontario's settlement areas vary srgnifcantly rn terms of size, density; population levels; economic activity, diversity and nteri5ry of Land uses, anti types of rnfi':asttuctire available; -. The,vrtality f.,settlement ii-eas rs critical to the long-term economic prosperity of our communities Development pressur es and land use change will vary ac oss Ontario.'ft is u, the interestt;df all commuYri#ies;'to use.1and rind resources wisely, Eo promote effcier t development patterns,protect rgWl rtes, pro note green spaces, ensure'effective use of infrastructh re'and publie.seivice facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth or development, and their vitality and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air duality and climate change, and promote energy efficiency 4. support aetave transportation,,, 5. ate toansit supp_ tive; where transit is planned, exists or may be developed, and 6. sup&ft the efficient movement.of goods; and b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3., where this-can be accommodated. 1.1.3.3 Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownf eld sites, and the availability of suitable 7 PROVINCIAL POLICY STATEMENT existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while appr-epriat lels em avoiding or mitigating risks to public health and safety. 1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification and redevelopment within built-up areas. However, where provincial targets are established through provincial plans,the provincial target shall represent the minimum target for affected areas. °_- 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. ent „a� ,a tea., 1.1.3.7 Planning authorities shall establish and implement phasing policies to ensure: a) that specified targets for intensification and.' development are achieved prror.to, or concui7rent with, new development withui designated growth a�errs, and b} the oiderlyprogression of development wrthi r designated growth areas and the timely piovrsian of the hffrrrstructasre And pii . is sei-vice facilities required to meet 6i rr eirt and projected`needs:' 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities for growth are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable 8 PROVINCIAL POLICY STATEMENT over their life cycle, and protect public health and safety and the natural environment; C) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i, there are no reasonable alternatives which avoid prime agricultural areas; and ii there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; fflid d) the new or expanding settlement Brea is in compliance with the mini�nann dt 6hee separation fora nine; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority, a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.4 Rural Areas in Municipalities Rural areas.are rnriportaut to the eepnomic,success of the Province And our quality of life. Rural area.s`°are those areas which are located outside of settlement areas and prune agricultural,areas.'Ontario's rural areas have diverse population levels, natural resources, geographies andphysical characteristics, and economies. Rural areas.arid' settlement areas are interdependert in terms of markets, resoirces and amenities. It is important to protect and build on rural assets and amenities to support a sustainable:economy.. 1.1.4.1 In rural areas located in municipalities, permitted uses and activities shall relate to the management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. 1.1.4.2 Ddevelopment shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 1.1.4.3 Nfiew land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. 1.1.4.4 Ddevelopment that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 9 PROVINCIAL POLICY STATEMENT 1.1.4.5 Agricultural uses, agriculture-related uses, on fc¢rna diversified uses and nor nral frrrrra practices should be protected and promoted in accordance with provincial standards 1.1.4,6 Llocally-important agricultural and resource areas should be designated and protected by directing non-related development to areas where it will not constrain these uses. 1.1.4.7 Olpportunities should be retained to locate new or expanding land uses that require separation from other uses.;—aim 1.1.4.8 Rfecreational, tourism and other economic opportunities should be promoted. 1.1.5 Rural.Areas Territory Without Municipal Organization 1.1.5.1 In rural areas located in territory without municipal organization, the focus of development activity shall be activities and land uses related to the sustainable management or use of resources and resource-based recreational activities. 1.1.5.2 The establishment of new permanent townsites shall not be permitted. 1.1.5.3 In areas adjacent to and surrounding municipalities, only development that is related to the sustainable management or use of resources and resource-based recreational activity shall be permitted unless: a) the area forms part of a planning area; and b) the necessary irzf°crstr•arctarr°e and public service facilities are planned or available to'suppd t the development.and are financially viable over their life cycle; and C) it has been determined, as part of a comprehensive review, that the impacts of gf:owt development will not place an undue strain on the public service facilities and infrastructure provided by adjacent municipalities, regions and/or the Province. 1.2 COORDINATION 1.2.1 A coordinated, integrated and comprehensive approach should be used when dealing with planning matters within municipalities, or-whie across lower, single and/or upper-tier municipal boundaries, and with other levels of government, agencies and boards including: a) managing and/or promoting growth and development; b) economic development strategies; c) managing natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources; 10 PROVINCIAL POLICY STATEMENT d) infrastructure, multi-modal trcansl-)ortaliorn syslettas,public service facilities and waste management systems; e) ecosystem, shoreline,*a#watershed, and Great Lakes related issues; f) natural and human-made hazards; aad g) population, housing and employment projections, based on regional market areas;.and la) addies..stng housing needs in accordance with provincial policy statements such as the Ontario Housing Policy Statement. 1.2.2 Planning authorities are encouraged to coordinate planning matters with Aboriginal communities, where appsoptrate: 1.2.3 Planmr g authorities should coordinate emotgeiicy management and other economic, environmental acid sacral planning coisrderatroris to support efficient and resrlreriY cornmunrtres. 1.2.4 Where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with lower-tier municipalities shall: a) identify, coordinate and allocate population, housing and employment projections for lower-tier municipalities. Allocations and projections by upper-tier municipalities shall be based on and reflect provincial plans where these exist; b) identify areas where growth or development will be directed, including the identification of nodes and the corridors linking these nodes; C) identify targets for intensification and redevelopment within all or any of the lower-tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; d) where transit corridors exist or are to be developed, identify density targets for areas adjacent or in proximity to these corridors, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; and e) identify and provide policy direction for the lower-tier municipalities on matters that cross municipal boundaries. 1.2.5 Where there is no upper-tier municipality, planning authorities shall ensure that policy 1.2.4 is addressed as part of the planning process, and should coordinate these matters with adjacent planning authorities. 1.2.6. Land Use Compatibility 1.2.6.1 Majorfacilities and sensitive land arses should be planned to ensure they are appropriately designed;buffered and/or separated from each other to prevent adverse effects from.odour,noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term viability of major facilities. 11 PROVINCIAL POLICY STATEMENT 1.3 (EMPLOYMENT ARLE" 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional)uses)-to meet long-term needs; b) providing opportunities for a diversified economic rase, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; and _ . .. C) encouraging corzpact,iri�xed use development thatincorporates compatible employment uses to support liveable and resilient corrimunifes and d) ensuring the necessary infrastructure is provided to support current and projected needs. 1.3.2 Employment Areas 1.3.2.1 Planrimg authorities shall plan.for,protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected zieeds. 1.3.2.2 Planning authorities may permit conversion of lands within employment areas to non-employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. 1.3.2.3 Planning authorities shall protect employment areas in proximity to major goods movenient fcaeilities rend corridors for employment uses that require those locations. 1.3.2.4 Planning authorities may plaza for the long-term protection of employment areas provided lands are not designated beyond the planning horizon identified in policy 1.4 HOUSING 1.4.1 To provide for an appropriate range of housing types and densities required to meet projected requirements of current and future residents of the regional market area identified in policy 1.4.3, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment 12 PROVINCIAL POLICY STATEMENT and, if necessary, lands which are designated and available for residential development, and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a 3 year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. 1.4.2 Where planning is conducted by an upper-tier municipality: a) the land and unit supply maintained by the lower-tier municipality identified in policy 1.4.1 shall be based on and reflect the allocation of population and units by the upper-tier municipality; and b) the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist. 1.4.3 Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households. However, where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher target(s) which shall represent the minimum target(s) for these lower-tier municipalities; b) permitting and facilitating. I. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and 2. all forms of residential intensification and redevelopment in accordance with policy 1.1.3.3; C) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service,facilities, and support the use of a ltemati transffi4a�en in-ode active transportation and pubh6 transit in areas where it exists or is to be developed; and e) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. 13 PROVINCIAL POLICY STATEMENT 1.5 PUBLIC SPACES, RECREATION, PARKS, TRAILS AND OPEN SPACE 1.5.1 Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate p ._ . mot , t:„, ..+' „a, hw �g akd eye is active Ir.an,:Portati6n and community connectivity; b) planning anci providing for a full range and.equitable distribution of publicly-accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources; C) providing opportunities for public access to shorelines; and d) r ecognrzriig pr ovincral parks, conservation reserves,and other protected areas, and- nanxm zing negative impacts omthese areas., vese, es and fc� 1.6 INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES 1.6.1 Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while to accommodateing projected needs. Planning for infrastructure and public service facilities shall be coordinated and ' integrated with land use planning€eF-gr-e k so that these they are financially viable over their life cycle and available to meet current and projected needs. 1.6.2 Bbefore consideration is given to developing new infrastructure and public service facilities: a) -Tthe use of existing infrastructure and public service facilities should be optimized,..;: o� _ A"; b) opportunities for adaptive re-use should be considered, wherever feasible; Arid_ C) the use of green infrastructure should be.encouraged;where feasible; to augment infrastructure, and for other associated ecological and hydrological benefits. 1.6.3 Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services. 1.6.4 ,Public service facilities;should be co-located in community hubs, where appropriate,to promote cost-effectiveness and facilitate service integration, access to transit and active transportation. 14 PROVINCIAL POLICY STATEMENT 1.6.5 Sewage, a Water and Stormwater I.6.5.1 Planning for sewage and water services shall: a) direct and accommodate expected growth or developm.ept in a mariner that promotes the efficient use and ppt:imxzation of existing: I. municipal sewage services and municipal water services; and 2. private communal sewage services and private communal water services, where municipal sewage services and municipal water services are not available; b) ensure that these systems are provided in a manner that: 1. can be sustained by the water resources upon which such services rely; 2. is feasible financially viable and complies with all regulatory requirements-, and 3. protects human health and the natural environment; C) promote water conservation and water use efficiency; d) integrate servicing and Iand use considerations at all stages of the planning process; and e) be in accordance with the servicing hierarchy outlined through policies 1.6.5 2, 1 6 5.3; 1 6:5,4 and 1.6. 5.5i 93 LQ ,< 1.6.5.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible. 1.6.5.3 Where municipal.se services and municipal water services are not provided, private cormunal sew-age services and private communal wiaterset-vices may be used. afe and . is PROVINCIAL POLICY STATEMENT b) the ffitinieipality has established pelieies-to ensufe thai t! -be .; •v,�H 11 Y 1.LV Y V1V - ;1 7 fY -d 443er-e f •,S S: 1.6.5.4 Where rnunictpal sewage:servrees and nruntcipal water ser`vrces or primate conxxunalewage:servtces and;prtvate conxi?unal water services are not provided, tndivitlual on site sewage services fin., n-y.idual on site water services maybe used provrded that srte co;rrdrtrons are sortable for tle long erm piovision of such services with no negative impacts In settlerrrerxt areas, these services may only be used for infillrng and minor rounding out of existing development. I.6.5.5 Partial services shall only be permitted in the following circumstances: a) where they are necessary to address failed individual on-site sewage services and individual on-site waterseii4ces in existing development; and or b) within settlement areas, to allow for infilling and (iJnoi!rounding out of existing development on partial services provided that site conditions are sortable for the 19ng-term piovision of such services with no negative rnxp cts I.6.5.6 Subject to the hierarchy of sei vices-provided in policies'1;6.5.2, 1.6.5.3,a*d 1.6.5.4, and 1.:6 5 5 plannjng authorities crray allow lot creation only if theme is confirmation of suff crent reserve sewage system capacity,and reserve writer systenx czrpracity within municipal se Nageservtces and-municipttl writer services o`private communal sewage services and private communal water services. The determination of sufficient reserve sew.qge system..capacity shall include treatment capacity foi hauled sewage fiarn pity"ate conaniuncrl sewage services and ridii�itlual on site sewage services. 1.6.5.7 Planning for stormwater management shall: a) minimize, or, where possible,prevent increases in contaminant loads; b) minimize changes in water balance and erosion; 16 PROVINCIAL POLICY STATEMENT C) not increase risks to human health and safety and property damage; d) maintain or increase the extent and function of vegetative and pervious surfaces; and C) promote stormwater management best practices, including stormwater attenuation and reuse. 1.6.6 Transportation Systems 1.6.6.1 Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. 1.6.6.2 Efficient use small be made of existing and planned infrastructure, including the use Of transportations demand management where feasible. 1.6.6.3 As part of a n. . .1-I orlal trcrnshartatipn system, 4connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries. I.6.6.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active traMpgrialior7 . �,. and bus. 1.6.6.5 Transportation and land use considerations shall be integrated at all stages of the planning process. 1.6.7 Transportation and Infrastructure Corridors 1.6.7.1 Planning authorities shall plan for and protect corridors and rights-of-way for transportation, transit and infrastructure facilities to meet current and projected needs. 1.6.7.2 Mc jor goods moverzrent frtcilities aiid corridors shall be protected for the long tern. 1.6.7.3 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. New development proposed on adjacent lands to existing or planned corridors and transportation facilities should be compatible with, and supportive of, the long-terns purposes of the corridor and should be designed to avoid or minimize negative impacts on and from the corridor and transportation facilities. 17 PROVINCIAL POLICY STATEMENT 1.6.7.4 The preservation and reuse of abandoned corridors for purposes that maintain the corridor's integrity and continuous linear characteristics should be encouraged, wherever feasible. 1.6.7.5 When planning for corridors and rights-of-way for significant transportation and infrastructure facilities, consideration will be given to the significant resources in Section 2: Wise Use and Management of Resources. 1.6.8 Airports, Rail and Marine Facilities 1.6.8.1 Planning for land uses in the vicinity of airports, rail facilities and marine facilities shall be undertaken so that-,a)their long-term operation and economic role of is protectedd 1.6.8.2 Airports shall be protected from incompatible land uses and development by: a) prohibiting new residential development and other sensitive land uses in areas near airports above 30 NEF/NEP, as set out on maps (as revised from time to time)that have been reviewed by Transport Canada; b) considering redevelopment of existing residential uses and other sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP only if it has been demonstrated that there will be no negative impacts on the long-term function of the airport; and C) discouraging land uses which may cause a potential aviation safety hazard. 1.6.9 Waste Management 1.6.9.1 Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider thegiblicationg of development and land use patterns on waste generation, management and diversion. Waste management systems shall be located and designed in accordance with provincial legislation and standards. 14.10 Energy Supply 1.6.10.1 Planning authorities should provide laffeased opportunities for the development of energy geaeratie supply€aeflit es including electricity generation facilities, to accommodate current and projected i8 PROVINCIAL POLICY STATEMENT needs, and promote , and the iise e renewable energy systems, and akeiqiq6+�e- eiietty •, where feasible. 1.7 LONG-TERM ECONOMIC PROSPERITY 1.7.1 Long-terra economic prosperity should be supported by: a) promoting opportunities for economic development; b) optuirizing the long-term availability and use of land, resources, infrastructure, and public service facilities; C) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets; d) encouraging a.sense of place, through built_forni, cultural planning and promoting features that heap define character,such as cultural heritage resources; e) promoting community investment-readiness; f) promoting the redevelopment of brownfield sites; g) providing for an efficient, cost-effective,reliable multi-modal transportation systenz that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods.and people; and tO y 7. i.7 7 h) providing opportunities for sustainable tourism development; i) providing opp.orturuties to support local food, and promoting the sustainabilzty of�h agrr-food eta}se and.agrr productbusinesses by protecting agricultural resources, and minimizing land use conflicts; and j) promoting energy conservation and providing opportunities for develo xrent of ener :+: w p,, . gy g�re�z3trerr supply� -_ _. _ , including the use of renewable energy systems-; k) rriinrmrzng negative nnpacts froncr a changing climate and considering the ecological benefits provided:by nature; and 1) encouraging efficient and coordinated communications and telecommumcations infrastructure. 19 PRWNCIAL POLICY STATEMENT 1.8 ENERGY CONSERVATION, AND AIR QUALITY AND CLIMATE CHANGE 1.8.1 Planning authorities shall support energy conservation and efficiency,,aa# improved air quality, and climate change mitigation and adaptation through land use and development patterns which: a) promote compact form and a structure of nodes and corridors; b) promote the use of active transportation and pu44e transit andothe in and between residential, employment (including commercial, industrial and institutional uses) and other areas c) focus major employment, commercial and other travel-intensive land uses on sites which are well served by s transit where this exists or is to be developed, or designing these to facilitate the establishment of Elie transit in the future; d) focus.freight intensive land uses to areas well served_ by major highways, rrr�poits, rcri1fikWit aes and nrarinefircilin C) improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion;aW f) promote design and orientation which: 1. maximizes energy efficiency An d_consei-vatrgri, and considers reuse as-selar-ai�d wind the mitigating effects of vegetation:; 2. maxirrrrzes opport�trrrtres:for the use of renewable energy; and 3. takes into account the impacts of climate change, and g) maintain or increase vegetation within settlement arrea' where feasible. feasible.ViVR­ 8, the Use ef s -u44 F 20 PROVINCIAL POLICY STATEMENT 2o0 WISE USE AND MANAGEMENT OF RESOURCES Ontario's long-term prosperity, environmental health, and social well-being depend on maintaining biodiversity,protecting the.health of the,Great Lakes, and protecting natural heritage,water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Accordingly: 2.1 NATURAL HERITAGE 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features, 2.1.3 Natural heritage systems shall be identified.in Ecoregions 6E & 7E', recognizing that consider_ations in planning for natural heritage systems in settlement areas, rural areas, and prince agricrrltural.areas may vary. 2.1.4 Development and site alteration shall not be permitted in: _. .. , a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E'; b) significant woodlands in Ecoregions 6E and;7E (excluding islands ui Lake Huron and the t.' River C) significant valleylands&qma-qnd -oTrn., �in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)'; d) significant wildlife habitat;and C) significant areas of natural and scientific interest; and f) coastal wetlands in Ecoregions 5E, 6E and 7E' that are not subject to policy 2.1.4 (h) Ecoregions SE,6E and 7E are shown on Figure 1. 21 PROVINCIAL POLICY STATEMENT unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 2A.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 De,velopment and.site alteration shall.not be pemitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2.1.9 Nothing in policy 2.1 is intended to limit the ability of existing agricultural uses to continue. 2.2 WATER 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by: a) using the watershed as the ecologically meaningful scale for integrated and long-term planning, which can be a foundation for considering cumulative impacts of development; b) minimizing potential negative impacts, including cross jurisdictional and cross-watershed impacts; C) identifying , water resource systems consisting of ground water features, hydrologic.functions, natural heritage features and areas, and surface water features including shoreline areas, which are necessary for the ecological and hydrological integrity of the watershed, d) mamtasnang linkages and i elated functions among , groun Y1�atC'r fBCItElY2s? 11 j1dYOlOgIC fLtrlCtlOIYS, natural heritage feattu es and creas, and sictface water fe[rtarres:including shoreline areas; e) implementing necessary restrictions on development and site alteration to: 1. protect all municipal drinking water supplies and designated vulnerable areas; and 2. protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions; and htf%w 22 PROVINCIAL POLICY STATEMENT f) pfameting planning for efficient and sustainable use of water resources, through ineludifig practices for water conservation and sustaining water quality; and g) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces. 22.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground waterfeatures such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions. 2.3 AGRICULTURE 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection, followed by Canada Land'Inventory Classes 1, 2, and 3; and any associated Class 4 to 7 soils within the prime ctgricailtural area, in this order of priority. 2.3.2 Planning authorities shall designate prune agricultural areas and specialty crop areas in accordance with oval Mie ed e-tabli.,hed guidelines developed by the Province, as amended from time to time. 2.3.3 Permitted Uses 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, °e°�da;y usay, agriculture-related uses and on-farm diversified uses. Proposed Frew , , agriculture-related uses and on farin diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these rases may be based oil guidelines developed,by the Province or municipal approaches,as set out in municipal planning documents, which achieve the same objectives THE '1 �° r: .,'e _ VV 111113 , the 1 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 23 PROVINCIAL POLICY STATEMENT 2.3.3.3 New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for; a) agricultural uses,provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; C) a residence surplus to a farming operation as a result of farm consolidation, provided that: I. the ne*.lot will be limited to a minimum size needed to accommodate the use az d appropfiate'sewage rind water service's; and 2. the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the vacant remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c). 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for: a) expansions of or identification of settlement areas in accordance with policy 1.1.3.8; b) extraction of minerals,petroleum resources and mineral aggregate resources, in accordance with policies 2.4 and 2.5; and C) limited non-residential uses,provided that: I. the Iand does not comprise a specialty crop area; 2. the proposed use complies with the minimum distance separation forinulae; 24 PROVINCIAL POLICY STATEMENT 3. there is a demonstrated need within the planning horizon provided for in policy 1.1.2 for additional land to be designated to accommodate the proposed use; and 4. alternative locations have been evaluated, and i. there are no reasonable alternative Iocations which avoid prime agricultural areas; and ii. there are no reasonable.alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.5.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands sheWd be are to be mitigated to the extent feasible. 2.4 MINERALS AND PETROLEUM 2.4.1 Minerals and petroleum resources shall be protected for long-term use. 2.4.2 Protection of Long-Term Resource Supply 2.4.2.1 Mineral mining operations and petroleum resource operations shall be identified and protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. 2.4.2.2 own mineral deposits, er known petroleum resources; and 4*significant areas of mineral potential u id sign } ��-�j••�►�••--- p shall be identified and development and activities in these resources or on agjacent.lands which would preclude or hinder the establishment of new 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 development serves a greater long-term public interest; and C) issues of public health,public safety and environmental impact are addressed. 2.4.3 Rehabilitation 2.4.3.1 Rehabilitation to accommodate subsequent land uses shall be required after extraction and other related activities have ceased. Progressive rehabilitation should be undertaken wherever feasible. 2.4.4 Extraction in Prime Agricultural Areas 2.4.4.1 Extraction of minerals and petroleum resources is permitted in prime agricultural areas provided that the site is will be rehabilitated. 25 PROVINCIAL POLICY STATEMENT 205 MINERAL AGGREGATE RESOURCES 2.5.1 Mineral aggregate resources shall be protected for long-term use and deposits qf' mineral aggregate resources shall be identified. 2.5.2 Protection of Long-Term Resource Supply 2.5.2.1 As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Demonstration of need for mineral aggregate resources, including any type of supply/demand analysis, shall not be required,notwithstanding the availability, designation or licensing for extraction of mineral aggregate resources locally or elsewhere. 2.5.2.2 Extraction shall be undertaken in a manner which minimizes social and environmental impacts. 2.5.2.3 The conservcatto'n of mineral aggregate resources slieu I d- 'shall be undertaken, wherever feasible..� f u b y making Nr:: , fe.flle a e fthe F 2.5.2.4 Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the PlanningAct. When a license for extraction or operation ceases to exist, policy 2.5.2.5 continues to apply. 2.5.2.5 In A.,eeHt to ef in known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new 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 development serves a greater long-term public interest; and C) issues of public health, public safety and environmental impact are addressed. 2.5.3 Rehabilitation 2.5.3.1 Progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, and to recognize the interim nature of 26 PROVINDAL POLICY STATEMENT extraction. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. 2,532 Rehabilitation in accordance with established standards may be taken into consideration in the demonstration of no negative impacts for purposes of policies 11 5 and 2 1 8 pr ov.ded that:- a) ecol6gka.1 futgctiorzs:will be,restored, and w ere.possible-unproved; and b) connectivity of natural features will be restored, and where possible improved. 2.5.3.3 Cornpi el ensave.f elrabiltta- oit plan_ ing is encouraged where th ere is a concentration Of mineral aggregate.operatidiis 2.5.3.4 In parts of the Province not designated under the Aggregate Resources Act, rehabilitation standards that are compatible with those under the Act should be adopted for extraction operations on private lands. 2.5.4 Extraction in Prime Agricultural Areas 2.5.4.1 In prime agricultural areas, on prime agricultural land outside of specialty crop areas, extraction of mineral aggregate resources is permitted as an interim use provided that •eklabilit ed ___t the site will be rehabilitated back to ari agrrcultural,condition, so that substantially the same areas and same average soil q capability for agriculture are restored. In:specacrlty crop areas:,;extr actron of mineral aggregrrte:.j esources is permitted as an rnterrm use provided that the site will N i reliabrIrtated back to an agricultural coridrtron which allows for t} a same range and producpvrty of_specialty crops co nmon.m.4i the`aiea; and, where 0l5plicable, the microcliniatc on which the site and suirounditrg area:may be dependent`f6r specialty crop production will be ma:intarned, or restored. eCornplete agricultural rehabilitation is not required if a) outside of a specialty crop-a-ea, there is a substantial quantity of mineral aggregate resources below the water-table warranting extraction, or the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; b) in a specialty crop area, there.is a substantial quantity of high quality mineral iiggrggate resources.below the water table warranting extraction, and the depth ofplanned extraction in a query makes restoration ofpre- extractrori agricultural capability unfeasible; C) other alternatives have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in 27 PROVINCIAL POLICY STATEMENT areas of Canada Land Inventory Class 4 to 7 soils, resources on lands identified as designated growth areas, and resources on prime agricultural lands where rehabilitation is feasible. Where no other alternatives are found,prime agricultural lands shall be protected in this order of priority: specialty crop areas, Canada Land Inventory Classes 1, 2 and 3; and d) agricultural rehabilitation in remaining areas is maximized. 2.5.5 Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.5.5.1 Wayside pits and quarries,portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for an official plan amendment, rezoning, or development permit under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities. 2.6 CULTURAL HERITAGE AND ARCHAEOLOGY 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 2.6.2 Development and site alteration shall `not be permitted on lands containing archaeological resources or areas of archaeological potential �unless significant archaeological resources have been conserved. .�^�'^�• �' ��-' s 2.6.3 Planning authorities shall not permit Ddevelopment and site alteration Paay b e pem�titted on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. affiete 2.6.4 Planning authorities should consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources. 16.5 Plaruiing authorities should consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources. 28 PROVINCIAL POLICY STATEMENT 3.0 PROTECTING PUBLIC HEALTH AND SAFETY Ontario's long-term prosperity, environmental health and social well-being depend on reducing the potential for public cost or risk to Ontario's residents from natural or hurnan- made hazards. Development shall generally be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards. Accordingly: 3.1 NATURAL HAZARDS 3.1.1 Development shall generally be directed to areas outside of a) hazardous lands adjacent to the shorelines of the Great Lakes -St. Lawrence River System and large inland lakes which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted byflooding hazards and/or erosion hazards; c) hazardous sites-; and d) hazardous lands.associated with high to extreme risk of wildland fire. 3.1.2 Development and site alteration shall not be permitted within: a) the dynamic beach hazard; b) defined portions of the flooding hazard along connecting channels (the St. Mary`s, St. Clair, Detroit,Niagara and St. Lawrence Rivers); C) areas that would be rendered inaccessible to people and vehicles during times offlooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. 3.1.3 Planning authorities shall consider the potential impacts of climate change that may increase the risk'associated with natural hazards. 3.1.4 Despite policy 3.12, development and site alteration may be permitted in certain areas poke • 1Q. associated with the flooding hazard along river; stream and small.in10yid lake systems: a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area, and any change or modification to the site-specific policies or boundaries applying to a Special 29 PROVINCIAL POLICY STATEMENT Policy Area, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by thew nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows. 3.1.5 Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is: a) an institytioned use associated with hospitals, nursing homes,pre-school, school nurseries, day care and schools; h N. III VCiOLf ° �:� -....- ••1, b) an essential emergency servrce such as that provided by fire,police and ambulance stations and electrical substations:" ' 26 • '"'^ �- �'� fleed..:a ._ .�ull valavl ba..ilvrcr.�,.. ,, Of and C) uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 3.1.6 Where the two zone concept for flood plains is applied, development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources. 3.1.7 Further to policy 3.1.6, and except as prohibited in policy*3.1.2 and-3 1 4, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor so as t&43,e and could be ffiffiRe d OF mitigated in accordance with provincial standards., 00&ehjeN4"e4 of all of the fbilewin Develop' evelopm many be permitted if all of the following are demonstrated ancl.achieved: a) development and site alteration is carried out in accordance with floodproofing standards,protection works standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; C) new hazards are not created and existing hazards are not aggravated; and d) no adverse environmental impacts will result. 3.1.8 'Development and site alteration maybe permitted in hazardous dons lands associated with high to extreme risk of wildland fire where the risk is mitigated in accordance with provincial wildldnd fire mitigation standards. 30 PROVINCIAL POLICY STATEMENT 3.2 HUMAN-MADE HAZARDS 3.2.1 Development on, abutting or adjacent to lands affected by mine hazards; oil, gas and salt hazards; or former mineral mining operations, mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation measures to address and mitigate known or suspected hazards are under-way or have been completed. 3.2.2 Sites'with contaminants in land or water shall be assessed and G64iteminated site sh641 W, Ternediated as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects. 31 PROVINCIAL POLICY STATEMENT 4o0 IMPLEMENTATION AND INTERPRETATION 4.1 This Provincial Policy Statement applies to all decisions in respect of the exercise of any authority.that affects a planning matter made on oEr after<DATE>, 4.2 In accordance with 1Ssection 3 of the Planning Act, as amended by.the,po�9;T a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, "shall be consistent with"this Provincial Policy Statement. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with"this Provincial Policy Statement. 43 This Provincial Policy.Stateinent shall:be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35.ofthe Constitution"Act, 1982 . 4.4 This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation. 4.5 In implementing the Provincial Policy Statement, the Minister of Municipal Affairs and Housing may take into account other considerations when making decisions to support strong communities, a clean and healthy environment and the economic vitality of the Province. 4.6 The official plan is the in�an important vehicle for implementation of this Provincial Policy Statement. Official plans shall identify provincial interests and set out appropriate land use designations and policies. To determine the significance of some natural heritage features and other resources, evaluation may required. Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. The policies of this 32 PROVINCIAL POLICY STATEMENT Provincial Policy Statement continue to apply after adoption and approval of an dal official plan. 4.7 Zoning and development permit by-laws are also important for implementation of this Provincial Policy Statement. Planning authorities shall keep.their zoning and development peimrt vy law:s up-to-date with theiz official}Mans and with this Provincial Policy Statement. 4.8 The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy Statement does not prevent planning authorities and decision- makers from going beyond the minimum standards established in specific policies, unless doing so would conflict with any policy of this Provincial Policy Statement. 4.9 A wide range of legislation,a4d regulations and policies may apply to decisions with respect to Planning Act applications. In some cases, a Planning Act proposal may also require approval under other legislation or regulation, and policies issued under other legislation may a1so apply. 4.10 In addition to land use approvals under the Planning Act, infrastructure may also require approval under other legislation and regulations.; ': . , a , the . : An environmental assessment process may be applied to new infrastructure and modifications to existing infrastructure under applicable legislation. There maybe circumstances where land use approvals under the Planning Act may be integrated with approvals under other Iegislation, for example, integrating the planning processes and approvals under the Environmental Assessin W Act and the Planning Act,provided the intent and requirements of both Acts are.met. 4.11 Provincial plans shall be read in conjunction with the Provincial Policy Statement and generally take precedence over policies in this Provincial Policy Statement to the extent of any conflict, in accordance with relevant legislation or regulations. Examples of these are plans created under the Niagara Escarpment Planning and Development Act, the Ontario Planning and Development Act, I994,and the Oak Ridges Moraine Conservation Act, 2001,the Greenbelt Act, 2005 and the Places to Grow Act, 2005. 4.12 Within the Great Lakes - St:Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection and restoration of the Great Lakes St. Lawrence River Basin. 4.13 The Province, in consultation with municipalities, other public bodies and stakeholders shall identify performance indicators for measuring the effectiveness 33 PROVINCIAL POLICY STATEMENT of some or all of the policies. The Province shall monitor their implementation, including reviewing performance indicators concurrent with any review of this Provincial Policy Statement. 4.14 Municipalities are encouraged to establish performance indicators to monitor the implementation of the policies in their-official plans. 34 PROVINCIAL POLICY STATEMENT 500 FIGURE F Fioure 1 Natural Heritage Protection Lute o---o—t<`orihem fimll nE Ecafegion;'5E,CE and 7E far the purj;cses ofao+lcles under 21 --- hbrlhent fi.aft of Ecoregions'6E and 7E for the purposes of po:icir u:vJer 7 t Eco:egiores'riE and 7E for the purposss of pofkies lseder2_i f�'oles: "Cnns,W.J.2002.Ecoaones.Ecoregions,and Ecodistdcls of Ontario-Ontario f ji t, of Natural Resources.Paepared for EcoFogical Land CLa iffWion Working Group." 9 m Zr �te I———-——",IsJ ji r: Fg �l i r v _ f x — 4• � The maps,from the 2005 PPS have been replaced by the new maps specific to the draft policies. 35 PROVINCIAL POLICY STATEMENT s Y 4 v 3 ; rs:Ova %_ � 3 y��. �nQ f- � •� St dui N a g [— ?� ;r� \- s �\�eS r s@ E ., 4,ay. e 4 •� @� �1_ a� vizd ty\r,�ir qrn E E 0 W" 55- � €`�- - Hfit g -�Otq l A AV SAP A 5 s s- $s s�' Y' TvL3 ;fr v o p ��. / . f�3 � j `@ °S '� v� YFy� � �R7 jar• � ,t' ft i�F �. E ��v�', I` a Efu we a� i Q _ Nh"101 too took m.LAI � 2 g Y• S �'�-S F '.S S i S � �rppsP Q 3Ti �g :wyn 0101 36 PROVINCIAL POLICY STATEMENT 6o0 DEFINITIONS Access standards: means methods or a) impairment of the quality of the natural procedures to ensure safe vehicular and environment for any use that can be made pedestrian movement, and access for the of it; maintenance and repair of protection works, b) injury or damage to property or plant or during times of flooding hazards,erosion animal life; hazards and/or other water-related hazards. c) harm or material discomfort to any person; Active transportation means human-powered d) an adverse effect on the health of any travel,rnclu ling buf°not.limited to,walking, person; cycling,;nine skatmg and era'yel wrt the use of e) impairment of the safety of any person; mobility aids;mcludr►g moto"used wheelchairs and f) rendering any property or plant or animal other rawer assisted devrce.s inoviitg at a life unfit for human use; comparable speed. g) loss of enjoyment of normal use of property;and Adjacent lands: means h) interference with normal conduct of a) for the purposes ofpolrey 1.6.7.3,those business. lands-contiguous o existing or pi,anne_d eortrdorsland tra'n§port'a tton facilities Affordable: means were deve7oprrren would have a negative a) in the case of ownership housing,the least impact on the con tdor ot'facrltty'.:The expensive of: extent ofthe adjacent tai►ds may be 1. housing for which the purchase price recommended tti gutdehres developed by results in annual accommodation costs the Province or based on>munrcipal which do not exceed 30 percent of approaches that achieve•tlie wine gross annual household income for objectives; low and moderate income households; b) for the purposes of policy 2.1.8,those or lands contiguous to a specific natural 2. housing for which the purchase price heritage feature or area where it is likely is at least 10 percent below the that development or site alteration would average purchase price of a resale unit have a negative impact on the feature or in the regional market area; area.The extent of the adjacent lands may b) in the case of rental housing,the least be recommended by the Province or based expensive of: on municipal approaches which achieve 1, a unit for which the rent does not the same objecfives;o+d exceed 30 percent of gross annual C) For the purposes of}policy 2. 4.2.2 and household income for low and 2.5 2.5,tliose lands contiguous to lands on moderate income households;or the surface of known petroleum] 2. a unit for which the rent is at or below resources;mineral deposits,or deposits of the average market rent of a unit in the nrhreral aggregate resources where it is regional market area. Likely that developrrreul would constrain future access to t$e resources The extent Agricultural uses: means the growing of ofil' adjacent lands maybe crops,including nursery,biomass,and recommended by the Frov_ince;_and horticultural crops;raising of livestock;raising d) for the purposes of policy 2,63,those of other animals for food,fur or fibre, lands contiguous to aprolected heritage including poultry and fish;aquaculture; property or as otherwise defined in the apiaries;agro-forestry;maple syrup municipal official plan. production; and associated on-farm buildings and structures,including, but not limited to Adverse effects: as defined in the livestock facilities,manure storages,value- Environmental Protection Act,means one or retaining facilities,and accommodation for more of: full-time farm labour when the size and nature- of the operation requires additional employment. 37 PROVINCIAL POLICY STATEMENT earth science values related to protection, Agri-tourism uses: means those farm-related scientific study or education. tourism uses, including limited accommodation such as a bed and breakfast. Areas of petrol eum potential; means aFeas that promote the enjoyment,education or f.•,..•.-able to the djse .,:fy efig ,., r....... activities related to the farm operation. fvseiFv-e&i due-to E) r. �:...r Agriculture-related uses: means those farm- °.. related commercial and farm-related industrial uses that are •m;il directly related to Brownfield sites: means undeveloped or the farm operation,support agriculturd,and are previously developed properties that may be required inclose proximity to.".farm contaminated. They are usually,but not operations,and piovide.dtrect service to farm exclusively, former industrial or commercial operations as an''exi clusive activity, properties that may be underutilized,derelict or vacant. Airports: means all Ontario airports, including designated lands for future airports, Built heritage resources: means one or more with Noise Exposure Forecast(NEF)lNoise significant buildings,structures,monuments, Exposure Projection(NEP)mapping, installations or remains associated with architectural,cultural,social,political, AW' °'° °`° s e economic or military history and identified as being important to a community,including an Aboriginal community. These resources may be identified through designation or heritage conservation easement under the Ontario Heritage Act,or listed by local,provincial or Archaeological resources: includes artifacts, federal jurisdictions. archaeological sites, marine archaeological sites,as defined under the Coastal wetland: means Ontario Heritage Act.The identification and a) any wetland that is located on one of the evaluation of such resources are based upon Great Lakes or their connecting channels archaeological fieldwork undertaken in (Lake St.Clair,St.Mary's, St.Clair, accordance with the Ontario Heritage Act. Detroit,Niagara and St. Lawrence Rivers);or Areas of archaeological potential: means b) any other wetland that is on a tributary to areas with the likelihood to contain any of the above-specified water bodies archaeological resources. �-feF and lies,either wholly or in part, -r ,g Methods to identify downstream of a line located 2 kilometres archaeological potential are established by the upstream of the 1:100 year floodline(plus Province,but municipal approaches which wave run-tip)of the large water body to achieve the same objectives may also be used. which the tributary is connected. The Ontario fferitage Act requires Aarchaeological potential to be is-.co.nfirined Comprehensive rehabilitation:;means through archaeological fieldwork'• ei; rehabilitation of land fi om wltiich nu'heral . aggregate resources have been extracted that is coordinated and co riplemenfary,to the extent Areas of mineral potential: means areas possible,with the rehabilitation of other sites in an favourable to the discovery of mineral deposits area where there is a high concentration of mineral due to geology,the presence of known mineral aggregate operations. deposits or other technical evidence. Comprehensive review: means Areas of natural and scientific interest a) for the purposes of policies 1.1.3.8 and (ANSI): means areas of land and water 1.3.2.2,an official plan review which is containing natural landscapes or features that initiated by a planning authority, or an have been identified as having life science or official plan amendment which is initiated or adopted by a planning authority,which: 38 PROVINCIAL POLICY STATEMENT 1. is based on a review of population Conservation: means and employmentgrewtli.projections a) the recovery and recycling of and which reflect projections and manufactured materials derived from allocations by upper-tier mineral aggregates(e. glass,porcelain, municipalities and provincial plans, brick,concrete,asphalt,slag,etc.),for re- where applicable; considers use ut construction,manufacturing, alternative directions for growth or indpsirral o maintenance}iro)ects as a development;and determines how sul strtute for ne_0frameral aggregates;and best to accommodate ihis grew the b) the:wrse pse of mineral aggregates development while protecting inC..tu drfig utilization or extracttori'of on_ provincial interests; site nutter al aggregate resources Prior to 2. utilizes opportunities to accommodate development occurring; projected growth:or'development through intensification and Conserved: means the identification, redevelopment;and considers protection,use and/or management of cultural physical co,nsharnis to heritage and archaeological resources in stte-h accormrnodatmg theproposed way`a nnanne that ensures their cultural development within existing heritage values,or interest des ark settlenrerrt area boiandarres; y are is retained under the Ontario asses r�This may be achrev ea 6y the ?.3-421-; impleinentatton of recoinmendaxions sent out 3. is integrated with planning for in a conservation plan,archaeological infrastructure and public service assessment,:'an or heritage impact assessment, _facilities; and considers financial which may include mitigative iteasures an viability over the life cycle of these alternative development approaches. assets; 4. confirms sufficient water quality, Cultural heritage landscape: means a quantity and assimilative.capacity of defined geographical area of heritage receiving water are available to significance which has inay have been accommodate the proposed modified by human activities and is valued by development; a community,including Aboriginal communities. It involves a grouping(s)of 5. confirms that sewage and water individual heritage features such as structures, services can be provided in spaces,archaeological sites and natural accordance With policy 1.6.5;and elements,which together form a significant 6. considers cross jurisdictional issues. type of heritage form,distinctive from that of its constituent elements or parts. Examples b) for the purposes of policy 1.1.5,means a may include,but are not limited to,heritage review undertaken by a planning authority conservation districts designated under the or comparable body which: Ontario Heritage Act;other areas i eeognized I. addresses long-term population by federal or mternattonal desrgh.atron projections, infrastructure authorities(e.g.a National Historic Site or requirements and related matters; District designation;or a UNESCO World 2. confirms that the lands to be Heritage Site),and villages,parks,gardens, developed do not comprise specialty battlefields,mainstreets and neighbourhoods, crop areas in accordance with policy cemeteries,trailways and industrial complexes 2.3.2;and of cultural heritage value. 3. considers cross-jurisdictional issues. Defined portions of the ene-ltnndr-ed-yes+ In undertaking a comprehensive review the Heed-flooding hazard.:leavel along connecting level of detail of the assessment should channels: means those areas which are correspond with the complexity and scale of critical to the conveyance of the flows the proposal. associated with the one hundred yearflood level along the St. Mary''-s, St. Clair,Detroit, 39 PROVINCIAL.POLICY STATEMENT Niagara and St. Lawrence Rivers, where mineral potential in Ecoregion 5E, where development or site alteration will create advanced exploration has the same flooding hazards,cause updrift and/or meaning as under the Mining Act. downdrift impacts and/or cause adverse Instead, those matters shall be subject to environmental impacts. policy 2.1.5(a). Deposits of mineral aggregate resources: Dynamic beach hazard: means areas of means an area of identified mineral aggregate inherently unstable accumulations of shoreline resources,as delineated in Aggregate sediments along the Great Lakes-St. Resource Inventory Papers or comprehensive Lawrence River System and large inland lakes, studies prepared using evaluation procedures as identified by provincial standards,as established by the Province for surficial and amended from time to time. The dynamic bedrock resources,as amended from time to beach hazard limit consists of the flooding time,that has a sufficient quantity and quality hazard limit plus a dynamic beach allowance. to warrant present or future extraction. Ecological function: means the natural Designated and f '' g _. ieses processes,products or services that living and ,means lands designated in non-living environments provide or perform the official plan for urban residential use. For within or between species,ecosystems and municipalities where more detailed official landscapes. These may include biological, plan policies(e.g. secondary plans)are physical and socio-economic interactions. required before development applications can be considered for approval,only lands that Employment area: means those areas have commenced the more detailed planning designated in an official plan for clusters of process are considered to be desiginatecl and business and economic activities including,but available for the purposes of this definition. not limited to,manufacturing,warehousing, offices,and associated retail and ancillary Designated growth areas: means lands facilities, within settlement areas designated in an official plan for growth over the long-term Endangered species: means a species that is planning horizon provided in policy 1.1.2,but listed or categorized as an"Endangered which have not yet been fully developed. Species"on the Ontario Ministry of Natural Designated growth areas include lands which Resources' official species at risk list,as are designated and available for residential updated and amended from time to time. growth in accordance with policy 1.4.1(a),as well as lands required for employment and Erosion hazard: means the loss of land,due other uses. to human or natural processes,that poses a threat to life and property.The erosion hazard Designated vulnerable area: means areas limit is determined using considerations that defined as vulnerable,in accordance with include the 100 year erosion rate(the average provincial standards,by virtue of their annual rate of recession extended over an one importance as a drinking water source that hundred year time span),an allowance for may be _.. _ slope stability,and an erosion/erosion access allowance. Development; means the creation of a new lot, a change in land use, or the construction of Essential emergency service: means, buildings and structures;requiring approval services which would be impaired during an under the Planning Act, but does not include: emergency as a result of flooding,the failure a) activities that create or maintain of floodproofing measures and/or protection infrastructure authorized under an works,and/or erosion. environmental assessment process; b) works subject to the Drainage Act;or Fish: means fish,which as defined in 8.2 e c) for the purposes of policy 2.1.4(a), the Fisheries Act,v-. 12 14,mad; underground or surface mining of includes fish, shellfish,crustaceans,and minerals or advanced exploration on marine animals,at all stages of their life mining lands in significant areas of cycles. 40 PROVINCIAL POLICY STATEMENT of flooding supports the lowering of the Fish habitat: as defined in the Fisheries Act, standard). G:F-111,means spawning grounds and nursery, rearing,food supply,and migration areas on Floodproofing standard: means the which fish depend directly or indirectly in combination of measures incorporated into the order to carry out their life processes. basic design and/or construction of buildings, structures,or properties to reduce or eliminate Flood fringe: for river, stream and small flooding hazards,wave uprush and other inland lake systems,means the outer portion of water-related hazards along the shorelines of the flood plain between the floodway and the the Great Lakes-St. Lawrence River System flooding hazard limit. Depths and velocities and large inland lakes,and flooding hazards of flooding are generally less severe in the along river,stream and small inland lake flood fringe than those experienced in the systems. floodway. Floodway: for river,stream and small inland Flood plain: for river stream, and small lake systems,means the portion of the flood inland lake systems,means the area,usually plain where development and site alteration low lands adjoining a watercourse,which has would cause a danger to public health and been or may be subject to flooding hazards. safety or property damage. Flooding hazard: means the inundation,under the Where the one zone concept is applied,the conditions specified below,of areas adjacent to a floodway is the entire contiguous flood plain. shoreline or a river or stream system and not ordinarily covered by water: Where the two aoi e concept is applied,the a) Along the shorelines of the Great Lakes- floodway is the contiguous inner portion of the St. Lawrence River System and large flood plain,representing that area required for inland lakes,the flooding hazard limit is the safe passage of flood flow and/or that area based on the one hundred yearflood level where flood depths and/or velocities are plus an allowance for wave uprush and considered to be such that they pose a potential other water-related hazards; threat to life and/or property damage.Where b) Along river, stream and small inlaid lake the tivo zon concept applies,the outer portion systems,the flooding hazard limit is the of the flood plain is called the flood fringe. greater of: I, the flood resulting from the rainfall Great Lakes-St.Lawrence River System: actually experienced during a major means the major water system consisting of storm such as the Hurricane Hazel Lakes Superior,Huron, St.Clair,Erie and storm(1954)or the Timmins storm Ontario and their connecting channels,and the (1961),transposed over a specific St.Lawrence River within the boundaries of watershed and combined with the the Province of Ontario, local conditions, where evidence suggests that the storm event could Green infrastructure: means natural and have potentially occurred over human-trade elements that provide watersheds in the general area; and hydrologic'ad-benef is Greet; 2. the one hundred yearflood;and irf astrxctrue'can,include components such as 3. a flood which is greater than 1. or 2. natural heritage features and systems, which was actually experienced in a parklands;stormwater management systems, particular watershed or portion urban forests,permeable_surfaces,and green thereof as a result of ice jams and roofs. which has been approved as the standard for that specific area by the Ground water feature: refers to water- Minister of Natural Resources; related features in the earth's subsurface, except where the use of the one hundred including recharge/discharge areas,water yearflood or the actually experienced tables,aquifers and unsaturated zones that can event has been approved by the Minister be defined by surface and subsurface of Natural Resources as the standard for a hydrogeologic investigations. specific watershed(where the past history 41 PROVINDAL POLICY STATEMENT Hazardous sites: means property or lands Habitat of endangered species and that could be unsafe for development and site threatened species: means alteration due to naturally occurring hazards. a) with respect to a species listed on the These may include unstable soils(sensitive Species at Risk in Ontario List as an marine clays jleda],organic soils)or unstable endangetect of threatened species:for bedrock(karst topography). wliieh a regulation made uider clause 55 (1)(a)of tiie Ettdaitgered Spectes Qcl; Hazardous substances: means substances �Qt7Z is ttt force,the"at ea prescribed by which,individually,or in combination with that re,kulaf on as the habitat of the other substances,are normally considered to Spec pose a danger to public health,safety and the b) with;respect;to atsy;other species listed on environment.These substances generally the:Species at Rtsk.M Ontario Ltst?s all include a wide array of materials that are toxic, endangered or tlueatened species,.an area ignitable,corrosive,reactive,radioactive or on wlvch ifi a ctes depends,direetly'ot pathological. mdiiectly,to carry or,its I e::processes, inc, mg life processes such as Heritage attributes: means the principal repigductton bearuig,htberriation; features or elemet�t�, �' -°sE °�• migi ahon or feeding as approved by the a -aypearae'that contribute to a protected Ontario Ministry of NaturalResources; heritageproperty's gia.cultural heritage value and or uiterest;aiitl may::inchtde t�ye property's c) places in the areas described in clause(a) built or manufactured elements,as<well as or(b),whichever is applicable,that are natural landforms,vegetation, water features, used by members of:the'species"as dens, and its visual sefting{including sign feant nests,hibetmacula 6i.,other residences. views or vistas to or from a protected heritage pI e�ty) . Hazardous lands: means p a) property or lands that could be unsafe for development due to naturally occurring High: uality means primary and.secondary processes.Along the shorelines of the sand and gravel resaui•ces'and bedrock Great Lakes-St.Lawrence River System, resources as defined in the Aggregate this means the land,including that [resource Inventory Papers(ARID). covered by water,between the international boundary,where applicable, Hydrologic function: means the functions of and the furthest landward limit of the the hydrological cycle that include the flooding hazard,erosion hazard or occurrence,circulation,distribution and dynamic beach hazard limits.Along the chemical and physical properties of water an shorelines of large inland lakes,this the surface of the land,in the soil and means the land,including that covered by underlying rocks,and in the atmosphere,and water,between a defined offshore water's interaction with the environment distance or depth and the furthest including its relation to living things. landward limit of the flooding hazard, erosion hazard or dynamic beach hazard Individual on-site sewage services: means limits.Along river, stream and small sewage disposal inland lake systems,this means the land, systems . including that covered by water,to the nnr�r,as defined in 0.Reg. 350106 under the furthest landward limit of the flooding Building Code Act; 1992,that are owned, hazard or erosion hazard limits:;and operated and managed by the owner of the b) for the purposes of policies 3.1.l(d)and property upon which the system is located. 3.1.8,-areas assessed as being at high to extreme risk for,wildland.fre using Individual on-site water services: means evaluation procedures established by the individual,autonomous water supply systems Ontario Ministry of Natural Resources,as that are owned, operated and managed by the amended from time to time, owner of the property upon which the system is located. 42 PROVINCIAL POLICY STATEMENT Infrastructure: means physical structures Major facilities: means facilities which may (facilities and corridors)that form the require separation from sensitive laird uses, foundation for development. Infrastructure including but not limited to ahparts,transportation includes: sewage and water systems,septage infrastructure and corridors,.railfacilities, !lrarilie treatment systems, storinwater management JaciJities,sewage treatment facilities,waste systems,waste management systems, nimragelrielif systems,of and gas pipelines, electricity p e e generation ft"facilities, industries,and resourcoicxtrac.ioii activities. electricity transinissioii and distribution systems,communications ltelecoinmunicatioiis, Major goods movement fnei.lities.atird corridors: transit and transportation corridors and means transportation facilities wid corfidors facilities,oil and gas pipelines and associated associated with the inter and infra provincial facilities. movement of goi7ds Examples:include_ nter- modal facilities,ports,airports,f�arlfaetlrtaes Intensification: means the development of a fieiglnt coriidors,%refight faeihties,and haul routes property,site or area at a higher density than and priinary transportation corridors Used,,for tine currently exists through: movement of goods Aproaches`fltat arefreight= a) redevelopment,including the reuse of supportive may be>ecoiriinended.m gutdehnes browlrfield sites; developed by the Province or based on m."unicipal b) the development of vacant and/or approaches that ach>ev. the sa"me. es. underutilized lots within previously developed areas; Marine facilities: means ferries,-harbours,ports, c) infill development;and fenty tercirnals,canals acid associated uses, d) the expansion or conversion of existing including designated lairds for future marine buildings. .facilities: Institutionatuse means land uses where Mine hazard: means any feature of a mine as there is a threat to.the safe evacuation of tine defined under the Mining Act,or any related sick,.tha elderly,the. hystcal.ly challenged or disturbance of the ground that has not been the young during an:emergency as'A result of rehabilitated. flooding,faijuie offloodpioofng measures or protection war_ks,or erosion: Minerals: means metallic minerals and non- metallic minerals as herein defined,but does Large inland lakes: means those waterbodies not include mineral aggregate resources or having a surface area of equal to or greater petroleum resources. than 100 square kilometres where there is not a measurable or predictable response to a single Metallic minerals means those minerals from runoff event. which metals(e.g. copper,nickel,gold)are derived. Legal or technical reasons: for the purposes of policy 2.3.4.2,means severances for Non-metallic minerals means those minerals purposes such as easements,corrections of that are of value for intrinsic properties of the deeds,quit claims,and minor boundary minerals themselves and not as a source of adjustments,which do not result in the metal.They are generally synonymous with creation of a new lot. industrial minerals(e.g.asbestos,graphite, kyanite,mica,nepheline syenite,salt,talc,and Low and moderate income households: wollastonite), means a) in the case of ownership housing, Mineral aggregate operation: means households with incomes in the lowest 60 a) lands under license or permit,other than percent of the income distribution for the for wayside pits and quarries,issued in regional market area;or accordance with the Aggregate Resources b) in the case of rental housing,households Act, ^^° °^ °*'eFet; with incomes in the lowest 60 percent of b) for lands not designated under the the income distribution for renter Aggregate Resources Act, established pits households for the regional market area. and quarries that are not in contravention of municipal zoning by-laws and 43 PROVINCIAL POLICY STATEMENT including adjacent land under agreement Natural heritage features and areas: means with or owned by the operator,to permit features and areas,including significant continuation of the operation; and wetlands,significant coastal wetlands,fish c) associated facilities used in extraction, habitat,significant woodlands south and east transport,beneficiation,processing or of the Canadian Shield,significant valleylands recycling of mineral aggregate resources south and east of the Canadian Shield, and derived products such as asphalt and signifleeiii t lid itat oJ'endangered species crud concrete,or the production of secondary threatened species,significant wildlife habitat, related products. and significant areas of natural and scientific interest,which are important for their Mineral aggregate resources: means gravel, environmental and social values as a legacy of sand,clay,earth,shale,stone,limestone, the natural landscapes of an area. dolostone,sandstone,marble,granite,rock or other material prescribed under the Aggregate Natural heritage system: means a system Resources Act suitable for construction, made up of natural heritage features and industrial,manufacturing and maintenance areas, 'i atidamkages mtended io purposes but does not include metallic ores, provide coniecttvity(at the r..egional;or,site asbestos,graphite,kyanite,mica,nepheline level)and si.j t natural:piocesses tt 4 syenite,salt,talc,wollastonite,mine tailings or ee+redeifi which are necessary to maintain other material prescribed under the Mining biological and geological diversity,natural Act. functions,viable populations of indigenous species and ecosystems. These systems can Mineral deposits: means areas of identified include.:. irird areas; minerals that have sufficient quantity and federal and provincial parks aild e.O servation quality based on specific geological evidence reserves,other natural heritage features, lands to warrant present or future extraction. that have been restored or have.; the potential to be restored to a natural state, Mineral mining operation: means mining are that support hydrologic'funchons,and operations and associated facilities,or,past working-,land capes.'that enable ecological producing mines with remaining mineral functions to continue: The Province h"s a development potential that have not been recommended approach foi icfenttfying ratui a! permanently rehabilitated to another use. heritage systenis,but municipal approaclics that achieve br exceed the same objective'rhay Minimum distance separation formulae: also be used: means formulae and guidelines developed by the Province,as amended from time to time,to Negative impacts: means separate uses so as to reduce incompatibility a) in regard to.policy 1,6.5.4 and 1.6.5.5, concerns about odour from livestock facilities. degradation to the quality a►.id gtranrity oJ' water,Sensttiv2 StrJfQGelk�ltterfECtltlr65 Multi-modal transportation system: means and setistave gronad waterfeatures;and a transportation system which may include their related hydrolo c f vtctioxs,due to several forms of transportation such as single inultipfe or successive automobiles,walking,trucks,cycling,buses, development 'Negattve ilitpacts should be rapid transit,rail(such as commuter and assessed through:environirtcntal,studies freight),air and marine. including hydrogeolo gi cal or water quality.impact as'sessinerits, in accordance Municipal sewage services: means a sewage with provincial standards; works within the meaning of 9section I of the b) in regard to policy 2.2,degradation to the Ontario Water Resources Act that is owned or quality and quantity of water,sensitive operated by a municipality. surface waterfeatures and sensitive ground wa terfea tures, and their related Municipal water services: means a hydrologic functions,due to single, municipal drinking-water system within the multiple or successive development or site meaning of$section 2 of the Safe Drinking alteration activities; Water Act, 2002. c) in regard to fish habitat,the harmful alteration,disruption or destruction offish 44 PROVINCIAL POLICY STATEMENT habitat, except where,in conjunction with b) in the connecting channels(St. Mary-s, St. the appropriate authorities, it has been Clair,Detroit,Niagara and St. Lawrence authorized under the Fisheries Act,using Rivers),the peak instantaneous stillwater the guiding principle of no net loss of level which has a 1%chance of being productive capacity;and equalled or exceeded in any given year; d) in regard to other natural heritage and features and areas,degradation that c) for large inland lakes,lake levels and threatens the health and integrity of the wind setups that have a I%chance of natural features or ecological functions for being equalled or exceeded in any given which an area is identified due to single, year,except that,where sufficient water multiple or successive development or site level records do not exist,the one hundred alteration activities. year flood level is based on the highest known water level and wind setups. Normal farm practices: means a practice,as defined in the Fanning and Food Production Other water-related hazards: means water- Protection Act, 1998,that is conducted in a associated phenomena other than flooding manner consistent with proper and acceptable hazards and wave uprush which act on customs and standards as established and shorelines.This includes,but is not limited to followed by similar agricultural operations ship-generated waves, ice piling and ice under similar circumstances;or makes use of jamming. innovative technology in a manner consistent with proper advanced farm management Partial services: means practices. Normal farm practices shall be a) municipal sewage services or private consistent with the Nutrient Management Act, communal sewage services and individual 2002 and regulations made under that Act, on-site water services;or b) municipal water services or private Oil,gas and salt hazards: means any feature communal water services and individual of a well or work as defined under the Oil, Gas on-site sewage services. and Salt Resources Act,or any related disturbance of the ground that has not been Petroleum resource operations: means oil, rehabilitated. gas and salt bFine wells;and associated facilities aid other drilling operations,oil field On-farm.diversitied uses: means small scale fluid a disposal wells and associated uses that are secondary to the principle use of facilities,and.wells and facilities for the the property and help support the farina Oit- underground storage of natural gas and other .fann diveisifred uses include,but are not hydrocarbons. limited to,home occupations,home:iIndustries, agri-tourism wises and,uses that produce Petroleum resources: means oil,gas,and salt value-added agricultural products from the (extracted by solution mining method)lfi-ae faun operation; and for oration water resources which have been identified through exploration and One hundred year flood: for river,stream verified by preliminary drilling or other forms and small inland lake systems, means that of investigation.This may include sites of flood,based on an analysis of precipitation, former operations where resources are still snow melt,or a combination thereof,having a present or former sites that may be converted return period of 100 years on average,or to underground storage for natural gas or other having a I%chance of occurring or being hydrocarbons. exceeded in any given year. Planned corridors: means corridors or future One hundred year flood level: means corridors which are required to ineet projected a) for the shorelines of the Great Lakes,the needs,and are identified"tlirough,provlinaal peak instantaneous stillwater level, plans,preferred alignn erit(s)determined resulting from combinations of mean through.the EiniironntentalAsiessinentAct monthly lake levels and wind setups, process,or_idetidfied through planning`studies which has a 1%chance of being equalled where the Ontario`Ministry of.Transportation or exceeded in any given year; is actively pursuing the identification of a 45 PROVINCIAL POLICY STATEMENT corridor. Approaches for the protection of serves six or more lots or private residences planned corridors may be recommended in and is not owned by a municipality. guidelines developed.by the Province. Private communal water services: means a al rent( 4 deto m,ined 4i .,.:.g the non-municipal drinking-water system within Envi '^ '"^' ^ '^^ " "et f!A,,^ ••hies• the meaning of Ssection 2 of the Safe Drinking WaterAct, 2002 that serves six or more lots or private residences. Portable asphalt plant: means a facility a) with equipment designed to heat and dry Protected heritage property: means ieg aggregate and to mix aggregate with property designated under Parts 1V,V or VI of bituminous asphalt to produce asphalt the Ontario Heritage/Act;heritage paving material,and includes stockpiling conservation easement property under Parts II and storage of bulk materials used in the or IV of the Ontario Heritage Act;UNESCO process;and Wi3rid Heritage Sites,property rdenttfed by b) which is not of permanent construction, the Piovrnee and prescrtbed pu611;C 6-0 dres'as but which is to be dismantled at the provincial lien stage ptapetty.`under the completion of the construction project. Sta-h"i ds and tiidehnes foi Conservation.of Provial'Heri(age'Properties and property Portable concrete plant: means a building or that is the subject of a covenant or agreement structure between the owner of a property and a a) with equipment designed to mix conservation body or level of government, cementing materials,aggregate, water and registered on title and executed with the admixtures to produce concrete,and primary purpose of preserving,conserving and includes stockpiling and storage of bulk maintaining a cultural heritage feature or materials used in the process; and resource,or preventing its destruction, b) which is not of permanent construction, demolition or loss. but which is designed to be dismantled at the completion of the construction project. Protection works standards: means the combination of non-structural or structural Prime agricultural area: means areas where works and allowances for slope stability and prime agricultural lands predominate. This flooding/erosion to reduce the damage caused includes: areas of prime agricultural lands by flooding hazards,erosion hazards and and associated Canada Land Inventory Class other water-related hazards,and to allow 4—to7 soils; and additional areas where there is access for their maintenance and repair. a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime Provincial and federal requirements: means in ..a t'7- ��_ agricultural areas may be identified by the �. ,:. Ontario Ministry of Agriculture;eta Food and `r' Rural Affairs using guidelines establis.hed:developed by the Province as amended from time to time.;er A prime agricultural area may also be identified through an alternative agricultural land , evaluation system approved by the Province. a) in regard to policy 2.1.6,legislation and policies administered by the federal or Prime agricultural land: means land that provincial governments for the purpose of includes specialty crop areas and/or Canada the protection offish and fish habitat,and Land Inventory Classes 1,2,and 3 soils,as related,scientifically established amended froni'time to time, in this order of standards such as water quality criteria for priority for protection. protecting lake.trout populations;;and b) in regard to policy 2.1.7 legislation and Private communal sewage services: means a policies administered by the provincial sewage works within the meaning of section government or federal government,where 1 of the Ontario Water Resources Act that applicable,for the purpose of protecting species at risk and their habitat. 46 PROVINCIAL POLICY STATEMENT larger market area.Where regional market Provincial plan: means a provincial plan areas are very large and sparsely populated,a within the meaning of section 1 of the smaller area, if defined in an official plan, may Planning Act. be utilized. Renewable energy systems: means a system that genes ates;electricity from an energy source that is ienw eed_bynatwal processes Public service facilities: means land, including,but riot limited to wind,water, buildings and structures for the provision of Biomass,biogas;solar energy and geothermal programs and services provided or subsidized energy. by a government or other body,such as social pewep fi assistance,recreation,police and fire He i,�dbvila protection,health and educational programs, , and cultural services. Public service facilities do not include infrastructure. Quality and quantity of water: is measured Reserve sewage system capacity: means design by indicators associated with hydrologic or planned capacity in a centralized waste water function such as minimum base flow,depth to treatment facility which is not yet committed to water table,aquifer pressure,oxygen levels, existing or approved development. For the suspended solids,temperature,bacteria, purposes of policy'1 6..5.(i{e),reserve capacity for nutrients and hazardous contaminants,and private communal sewage services and individual hydrologic regime. on-site sewage services is considered sufficient if the hauled sewage from the development can be Rail.facilities means rail corudors,rail treated or disposed of at sites approved under the sidings,train stations;rnter 'nodal facilities, Environmental Protection Act or the Ontario Water i ail:yards and associated uses,including Resources Act,but not by land-applying untreated, designated Iditds fot future rail facilities: hauled sewage. Recreation: means leisure time activity Reserve water system capacity: means undertaken in built or natural settings for design or planned capacity in a centralized purposes of physical activity,health benefits, water treatment facility which is not yet sport participation and skill development, committed to existing or approved personal enjoyment,positive social interaction development. and the achievement of human potential. Residence surplus to a farming operation: Redevelopment: means the creation of new means an existing habitable farm residence units,uses or lots on previously developed that is rendered surplus as a result of farm land in existing communities, including consolidation(the acquisition of additional brownfield sites. farm parcels to be operated as one farm Regional market area: refers to an area; operation). Residential intensification: means that has a high degree of social intensification of a property,site or area which and economic interaction.in sauthem Oat results in a net increase in residential units or The upper or single-tier municipality,or accommodation and includes: planning area,will normally serve as the a) redevelopment,including the regional market area.�i" "°' redevelopment of brownfield sites; extends n0 ''eyand b) the development of vacant or Uppe. > underutilized lots within previously a 60 4­4410 developed areas; Howevet,where tine c) inf Il development; functional.regional market area extends significantly beyond these boundaries;then the regional inafket area will be based on the 47 PROVINCIAL POLICY STATEMENT d) the conversion or expansion of existing the area where development is industrial,commercial and institutional concentrated. buildings for residential use;and e) the conversion or expansion of existing Sewage and water services: includes residential buildings to create new municipal sewage services and municipal residential units or accpmmodation, water services,private communal sewage including accessory apartments, services and private communal water services, secondary suites and rooming houses. individual on--site sewage services and individual on-site water services, and partial River,stream and small inland Iake systems: services. ineans all watercourses,rivers,streams, and small inland lakes or waterbodies that have a measurable Significant: means or predictable response to a single runoff event. a) in regard to wetlands,coastal wetlands and areas of natural and scientific Rural areas: means lands interest,an area identified as provincially which are located outside settlement areas and significant by the Ontario Ministry of which are outside prime agricultural areas. Natural Resources using evaluation procedures established by the Province,as ry �•'"J ._F c� amended from time to time; ` 1 FF. • 1. .i I ':r..: .}��=in tiab .'�• �t. 1 L,s.,f..C a -1 o i � E- s Sensitive: in regard to surface water features it and ground water features,means areas that are particularly susceptible to impacts from - activities or events including,but not limited to, water withdrawals,and additions oft pollutants. b) in regard to woodlands,an area which is ecologically important in terms of features Sensitive land uses: means buildings, such as species composition,age of trees amenity areas,or outdoor spaces where routine and stand history;functionally important or normal activities occurring at reasonably due to its contribution to the broader expected times would experience one or more landscape because of its location,size or adverse effects from contaminant discharges due to the amount of forest cover in the generated by a nearby majorfacility. Sensitive planning area;or economically important land uses may be a part of the natural or built due to site quality,species composition,or environment. Examples may include,but are past management history.These are to be not limited to:residences,day care centres. using criteIria established by the and educational and health facilities. Ontario Ministry of Natural Resources. c) in regard to other features and areas in Settlement areas: means urban areas and policy 2.1,ecologically important in terms rural settlement areas within municipalities of features,functions,representation or (such as cities,towns,villages and hamlets) amount,and contributing to the quality that are: and diversity of an identifiable geographic a) built up areas where development is area or natural heritage system; concentrated and which have a mix of d) in regard to mineral potential,deans an land uses;and area identified as provincially significant b) lands which have been designated in an through official plan for development over the ias evaluation procedures .�tJ a long-term planning horizon provided for developed by the Province,as amended in policy 1.1.2. In cases where land in from time to time,such as the Provincially designated growth areas is not available, Significant Mineral Potential Index;and the settlement area may be no larger than 48 PROVINCIAL POLICY STATEMENT i-...e...d ta r.,.....t.��o,et,,,, provide for the continued viability of existing uses Rs an apea'ae"'""d as (which arc generally on a small scale)and address the significant social and economic hardships to the --d esing co►rumnity that would result from strict adherence to provincial policies concerning development. dey ►opo§q by '`' n ended The criteria and procedures for approval are &94i4kn646+OrM ""d established by the Province. e) in regard to cultural heritage and archaeology,resources that are valued for A Special Policy Area is not intended to allow the important contribution they make to for new or intensified deipelopirrenl and site our understanding of the history of a alteration,if a community has feasible place,an event,or a people. opportunities for developmenN outside the flood plain. Criteria for determining significance for the resources identified in sections(c)-(e)(e}W Specialty crop area: means areas designated are recommended by the Province,but using:. guidelines municipal approaches that achieve or exceed developed by the Pprovince,as the same objective may also be used. amended from time to time;.In these areas, • specialty crops a►_e predoirtmantdy While some significant resources may already grown such as tender fruits(peaches,cherries, be identified and inventoried by official plums),grapes,other fruit crops,vegetable sources,the significance of others can only be crops,greenhouse crops,and crops from determined after evaluation. agriculturally developed organic soil Um4s afe ,usually resulting from: Site alteration: means activities,such as a) soils that have suitability to produce specialty grading, excavation and the placement of fill crops,or lands that are subject to special that would change the Iandform and natural climatic conditions,or a combination of both; vegetative characteristics of a site. a> b) eHfarmers skilled in the For the purposes of policy 2.1.4(a),site production of specialty crops,and of capita} alteration does not include underground or '"' ,at surface mining of minerals or advanced c) a long term investment of capital in.areas such exploration on mining lands in significant as crops,drainage,'infrastructure and related areas of mineral potential in Ecoregion 5E, facilities and services to produce,store,or where advanced exploration has the same process specialty crops. meaning as in the Miming Act. Instead,those matters shall be subject to policy 2.1.5(a). Surface water feature: refers to water- related features on the earth's surface, Special needs: means any housing,including including headwaters,rivers,stream channels, dedicated facilities,in whole or in part,that is inland lakes,seepage areas,recharge/discharge used by people who have specific needs areas,springs, wetlands,and associated beyond economic needs,including but not riparian lands that can be defined by their soil limited to,needs such as mobility moisture,soil type,vegetation or topographic requirements or support functions required for characteristics. daily living. Examples of special needs housing may include, but are not limited to, Threatened species: means a species that is housing for persons with disabilities such as listed or categorized as a"Threatened Species" physical,sensory or mental health disabilities, on the Ontario Ministry of Natural Resources' and housing for seniors with special needs the official species at risk list,as updated and elderly, amended from time to time. Special pPolicy*Area: means an area within a Transit-supportive: .in regard to land use community that has historically existed in the flood patterns,means,develop►rient that makes transit plain and where site-specific policies,approved by viable and improves the quality of the experience both the Ministers of Natural Resources and of using transit.It often refers to compact,mixed- Municipal Affairs and Housing,are intended to use development that has a high level of 49 PROVINCIAL POLICY STATEMENT employment and residential densities. Approaches sites recycling facilities,transfer stations, may be recommended in guidelines developed by processing sites and disposal sites haZaFEIeUe the Province or based on municipal approaches that „^�ie depets. achieve the same objectives. Watershed: means an area that is drained by Transportation.demand:manngement: a river and its tributaries. means a set of strategies that result to more efficient use of the tf dnsportation sy.Vein by Wave uprush: means the rush of water up influencing travel behaviour by mode,ti ire-of onto a shoreline or structure following the day,Frequency,trip lerigtli,regulation,i:oute, breaking of a wave;the limit of wave uprush is or cost. the point of furthest landward rush of water onto the shoreline. Transportation systems: means a system consisting of facilities,corridors and rights-of- Wayside pits and quarries: means a way for the movement of people and goods, temporary pit or quarry opened and used by or and associated transportation facilities for a public authority solely for the purpose of including transit stops and stations,sidewalks, a particular project or contract of road cycle lanes,bus lanes,high occupancy vehicle construction and not located on the road right- lanes,4Q iad facilities,parking of-way. facilities,park'n'ride lots,service centres,rest stops,vehicle inspection stations, Wetlands: means lands that are seasonally or tonmana:;niter modal facilities,harbours, permanently covered by shallow water,as well elhpb is ntm•i►ie fkifidk ferries,canals and as lands where the water table is close to or at associated facilities such as storage and the surface.In either case the presence of maintenance, abundant water has caused the formation of hydric soils and has favoured the dominance Two zone eoncept: For rivet,slreain and of either hydrophytic plants or water tolerant small itdand lake systems,the floodway is the plants. The four major types of wetlands are pot tton of the flood plaili?Wiiet a ievelop ienl swamps,marshes,bogs and fens. and site alterattott would'cause a danger to public health and`safety or prapelty datriage. Periodically soaked or wet lands being used Whet e. CL rivo zone concept is applied,the for agricultural purposes which no longer floodway is the contrguou"s inner portion of the exhibit wetland characteristics are not flood pl_dn representing hat area required for considered to be wetlands for the purposes of the safe.passage of flood flow ai�d/orthat area this definition. where flood 0eptli8'and/6r velocities."are considered to besuch that-they pose a potential and fire mitigation standards: means threat to.fife and/or property damage Where the combination of risk assessment.tools and the two zone concept applies,the outer portion rnitigattou iiieasures,denttfieci by the of the flood piniii is cal ied the flood fi �ige. Province as.`amended.from time to time, to be incorparated.inio the'design,.construction Valleylands: means a natural area that occurs and/or modtFcatton of butlditigs,structures, in a valley or other landform depression that properties and/or coirimuntties to reduce the has water flowing through or standing for risk do public safety,infrastructure and some period of the year. property froin Wildland fires. Vulnerable: means surface and ground water Wildlife habitat: means areas where plants, that can be easily changed or impacted by animals and other organisms live,and find ^F-e°-HE's, by virtue of their adequate amounts of food,water, shelter and vicinity to Shen-activities or events or by space needed to sustain their populations, permissive pathways be sttEkractivities Specific wildlife habitats of concern may and the surface and/or ground water. include areas where species concentrate at a vulnerable point in their annual or life cycle; Waste management system: means sites and and areas which are important to migratory or facilities to accommodate-solid-waste from one non-migratory species. or more municipalities and includes-atidfill 50 PROVINCIAL POLICY STATEMENT Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention,hydrological and nutrient cycling,provision of clean air and the long-term storage of carbon,provision of wildlife habitat,outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas,woodlots or forested areas and vary in their level of significance at the local,regional and provincial levels. M,'oodlcnrds may- aybe delineated according to the horesl)3'Act definition or the Province's Ecological Land'Classification system definition for"forest". 51 OF yiY �F The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA. 1. BRYANT, CLERK DATE: OCTOBER 25, 2012 SUBJECT: JOINT SERVICES AGREEMENT— BUILDING INSPECTION RECOMMENDATION: THAT Council endorses the inclusion of the City of St. Thomas in the Joint Services Agreement for the provision of Plans Examination and Inspection Services on a cost recovery basis. AND that the necessary by-law be brought forward. INTRODUCTION: An amended Joint Services Agreement for building inspection services has been received. This agreement has been authorized by the other lower tier municipalities and the City of St. Thomas. DISCUSSION: In 2005 major revisions to the Building Code Act required building inspectors to upgrade their qualifications. At the time a presentation was made to the Administrators of the lower tier municipalities to explain the benefits of a joint services agreement. This agreement would allow each municipality to draw on each other's Building Department staff if needed while training was ongoing or where on vacation, etc. Although we have not needed to use this service, it has proven to be successful throughout the County in providing backup for each individual building department. The service has been based on a cost recovery model where the actual cost for time and travel is invoiced. The City of St. Thomas has approached the County Building Officials (CBOs) to participate as well. Based on the success already experienced, the CBOs recommended that St. Thomas be included. An agreement has been drafted and endorsed by the City of St. Thomas, Town of Aylmer, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton/Dunwich, Township of Malahide and Township of Southwold. Respectfully Submitted, Reviewed b : O P1 Norma I. Bryant, Hon AMCT ott Gawle , C.G.A. Clerk Administrator/Treasurer �46rN Fe�FRar�o 450 Sunset Drive, Suite 228, St. Thomas, ON N5R 5V 1 H Tel: 519-633-0114 Fax: 519-633-6082 President:Fons Vandenbroek fonsheather@hotmail.com Secretary-Administrator Roberta Gillard Op �' E robertaaillard(cDrogerers,com '4 G R I C u L7 u R October 18, 2012 Municipality of West Elgin 22413 Hoskins Line P. O. Box 490 Rodney, ON NOL 2CO Attn: Mayor Bernie Wiehle Re: Farmland Soars in Tax Value As the President of the Elgin Federation of Agriculture representing over 1000 OFA members in Elgin County I am very concerned with recent reports (such as the Aylmer Express article titled Farmland Soars in Tax Value from September 2012) that farm taxes in Ontario may increase up to 40%. The Board of Directors would like a response to these questions 1) At present, recognizing that farm land can be taxed as high as 25% of residential value, how does the Municipality of West Elgin tax its farmland? 2) In 2012, how much tax revenue was generated by taxing farmland in Municipality of West Elgin? 3) Does the Municipality of West Elgin intend to continue to tax farmland at its present rate of taxation or does the Municipality of West Elgin intend to reduce the tax percentage on farmland? 4) Based on the present MPAC property value assessments, if the Municipality of West Elgin does not reduce its tax rate, how much additional tax revenue will be generated for the Municipality of West Elgin each year over the next 5 year period? Respectfully, 4!;�� Fons Vandenbroek President Elgin Federation of Agriculture fv :rag Farmers Working for Farmers / �� UK����8 � 8 � 3r� `r�' �����^^^ ~— ` ^^« ^ � J October 32, 20l2 Elgin Federation of A 'ouDuo: 450 Sunset Drive Suite 228 St.Thomas,(JN N5R 5l/} Dear Mr. l/wodeubrnok. Your letter to Warden Walters dated October 16,2012 regarding "Farmland Soars in Tax Value" was directed tomoofor response. Ibuok you for your questions. This issue ima concern that Council also oburco. In fact,the issue was raised and dluonmoed at its Soyboozhcr 25,20l2 Cuouu|l meeting via the attached staff report which was subsequently adopted. As legislated by the p,ovioce,property tax ix to be allocated within nmunicipality based on assessed value. This means that if the assessed value of a property increases relative to other properties,then that property will bear a larger tax burden in the subsequent tax cycle. In order to soften the impact that the four year re-assessment could have on a property with an assessment increase, the increase ix phased-in over the subsequent four years. However, ooypropedynwzcc with m dnornooe io entitled to the reduction immediately. Again, this is lm0in/o1md. bu the 2008reassessment,the tax burden shifted from fbun to residential. This advantage tofarm land from the%008 ru'uoouvvnoeothun n:vomod itself with this latest re-assessment which is shifting tax burden from industrial properties to farmland. Assuming no change in tax rate, this tax burden shift to the farm class will increase the 2012 farm levy of$1,9 million by$250,000 for the next four years to an assumed total of$2.9 million in 2016.In comparison the reduced assessment in just the Ford property from the 2008 nonnoxod value is expected to be worth over $60O,OOO annually in tax revenue losses. Council also considered the impact on an average 100 acre family farm, which is comprised of a farm component and a residential component. The increase in both lower and upper tier taxes (assuming no change in total levy)would be$85 per year on their prior$2,300 tax bill or 3.6%. The County has the authority 1v change the tax ratio which would affect both upper tier and lower tier taxes. 11in important tnnote that tax ratios were never foreseen uou means of oou^ mm91n rmmmumom"m"" 4oa Sunset odVe St.Thomas,u" wnnnvI Phone:519-631-1460 ^=uo1g1mmonwon/n providing temporary tax relief to soften the effects of re-assessments. The four year phase-in is the tool for doing this. Tax ratios are typically altered for strategic or fairness reasons. For property classes paying rates higher than residential,the fairness argument could be made. Farm and forest are the only classes paying below the residential rate. At this time,Elgin is consistent with the vast majority of counties with a farm ratio of 25%,with Chatham/Kent being the only known comparable municipality with a ratio below this. Please refer to Attachment III in the staff report for a more fulsome discussion of the impact of reducing the tax ratio for the farm class. After deliberating the rational for changing the tax ratio, Council moved: "THAT the current four-year Current Value Assessment(CVA)phase-in be the sole tool used to soften the 2012 reassessment impact on property taxes; and, THAT tax ratios for all property classes be maintained at their current level." County Council is committed to providing excellent services to its residents at a competitive cost. Unfortunately the County has seen a reduction of funding from the province of$3 million. County staff have worked diligently over the last four years to minimize the impact on our ratepayers by implementing$2 million in efficiencies. Over the next ten years, Council has tasked staff to find a further$4 million in efficiencies. Please rest assured that the County strives to minimize the impact of taxes for all our ratepayers through efficient delivery of quality services. If you have any other questions on this matter, please feel free to direct them to me. Again,thank you for your interest in this matter. Yours truly, C74- -d1- Jim Bundschuh Director of Financial Services CC. County Council Partner municipality CAOs Partner municipality Treasurers ty OF � yvor, F P �}�P The Municipality of Vest Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Scott Gawley, Administrator/Treasurer DATE: September 27, 2012 SUBJECT: Impact of the 2012 MPAC. Reassessment on Farm Properties RECOMMENDATION: That Council receive & file the staff report from the Administrator/Treasurer dated September 27, 2012. INTRODUCTION: The last Municipal Property Assessment Corporation (MPAC) province-wide assessment update was based on a January 1, 2008 valuation date and affected the 2009-2012 tax years. The assessment released this fall is based on January 1, 2012 valuation date and will affect 2013-2016 tax years. Properties experiencing a market increase from 2008 to 2012 will have a valuation phased- in for property tax calculation purposes over the four year tax cycle. All market decreases will be applied immediately to the 2013 tax year. DISCUSSION: The County of Elgin Council received a staff report on the impact of the 2012 reassessment and options of reducing the impacts on a temporary basis. The report recommended "That the current four-year Current Value Assessment (CVA) phase-in be the sole tool used to soften the 2012 reassessment impact on property taxes; and, That tax ratios for all property classes be maintained at their current level. The County of Elgin Report is attached. The Preliminary 2012 Market Change Profile for the Municipality of West Elgin is attached from MPAC. The effect of the changes between the 2008 and 2012 reassessment is shown on Page 11 of the attached report. A preliminary review of the effect of the reassessment of a typical 100 acre farm with a family residence and the effect with no change in the amount collected in total for property taxes would be $104 per year. Respectfully Submitted, a Cott Gawley Administrator[Treasurer Attachments: 1. County of Elgin — Report to Council — Impact of 2012 MPAC Reassessment 2. 2012 Market Change Profile for West Elgin — Preliminary 3. Comparison from 2012 to 2016 tax years. Oct 10 12 11 : 40a p , l Oct. 10/12 Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2Ca To Municipal Council: I am inquiring about the possibility of securing the meeting room at the Rodney Recreation Center for a charity indoor yard sale for the dates of Nov. 17th and 18th. The proceeds from the Yard Sale would be divided between the United Way of Elgin and the Rodney Firefighters as well as dry goods and cans collected being donated to the Caring Cupboard of Rodney. I am hoping that Council might consider waiving the rental fee for this charitable event. Donations of treasured "junk" will be collected from the community and dropped off at the LCBO in Rodney until the day of the sale. I am hoping with good advertising, this will provide the residents of West Elgin with an opportunity to attend an event on a winter weekend while supporting local charities. Thank you so very much for your time and consideration_ Most sincerely, Lori Parker - 3 375 Thomas Street, Unit 1 Ingersoll,ON N5C 061 Prone:519-485-1414 fl E-Mail: info @intech-solar.com Clean Energy Inc. Website:www.intech-solar.com October 17, 2012 Norma Bryant P Municipality of West Elginli 22413 Hoskins Line ���,m--._;::�>.tiSFt_r:�„�,���_�;,�;:� PO Box 490 Rodney, ON NOL 2C0 Dear Ms. Bryant, As part of the consultation process for our 490kW solar farm planned in Rodney, called Intech number 1—Rodney 2, we provide the municipality with the reports and studies prepared as part of our Renewable Energy Approval application. In this package, we have provided the following: • Draft Project Description Report • Draft Design and Operations Report • Draft Construction Report • Draft Decommissioning Report • Water Assessment and Water Bodies Report We are planning the final public meeting for January 17, 2013. We will provide further information in the near future. At this time, we would also like to kindly remind you that we are still waiting for the Municipal Consultation Form provided in August. We ask that you complete your portion of this form and return it to us via mail or email in the next few weeks. Should you need another copy of this form, please call our office at 519-485-1414. Sincerely, garet Neufeld Administrative Assistant Intech Clean Energy Inc.