2376
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COUNTY OF ELGIN
By-Law No. 2376
"BEING A BY -LAW TO ADOPT' AN INTEI/IM LAND SEVEI~ANCE POLICY FOE) THE COUNTY
OF fLGIN."
WHEEEAS Areas ¡"hich are covered by Land Division Committee, but
which are not totally covered by an approved Official Plan, the County,
District or Regional Council is required to prepare and adopt an Interim
Land Severance Policy before November 1, 1975.
AND v'iHE!~EAS the County of Elgin is not totally covered by an
approved Official Plan.
NOW THEltEFORE the Council of the Corporation of the County of
Elgin enacts as follows:
1.~11at the Interim Land Severance Policy prepared by the Council
of the County of Elgin in conjunction with the Elgin County Land Division
Committee, a true copy of which (Annex A) is attached to and forms part
of this by-law be and the same is hereby adopted as the official Interim
Lëmd Severance Policy for th.e County of Elgin.
2. That this By-Law becomes effective when endorsed by The
Minister of Housing for the Province of Ontario.
READ a first time this 15th day of October, 1975.
EEAD a second time this 15th day of October, 1975.
READ a third time and fina11y passed this 15th day of October, 1975.
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L. Johnson, A H. Liebner,
Clerk Warden
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ul\.NNEX 'A'"
PROPOSED INTERIM LAND SEVERANCE POLICY
:!.:EYUv!J3LE :
In proposing an Interim Land Severance Policy for the County of
Elgin, it is recognized that there are three distinct planning areas
for the County, namely, West, Centra.l and East Elgin Planning Boards.
\Vith some minor differences, the policies contained in the respective,
proposed, Official Plans are similar. This proposed policy in its
broadest sense attempts to follow a.s clearly as possible those guidelines
that have been laid down, in order that the transition will result in a
minimum of re-adjustment and confusion.
In no wa.y is this proposed severance policy an attempt to impose
on the various municipalities of Elgin any policy that will basica.lly
differ from those guidelines which have been approved in their respec-
tive Official Plans.
BASIS:
The basis for the proposed Interim Land Severance Policy is to be
found in the three proposed existing Official Plans, plus the additional
research done by the Elgin County Local Government Study. Since the
material used in the above-mentioned report's has been recently compiled,
it is felt that this will provide adequate documentation for the proposed
Interim La.nd Severance Policy.
A survey of these plans disclose the following:
1. The character of the County of Elgin is rural with agriculture
being the predominent industry.
2. There is a considera.ble amount of non-agricultural rural land
under the control of the local conservation authorities of Elgin,
and also along the Lake Erie Shoreline, which is mostly privately
owned.
3. There is a. considerable amount of industrial and commercial
activity in the Central area around St. Thomas a.nd to a lesser
degree near Aylmer and Port Burwell.
4. The expanding metropolitan area.s bordering the County are
attracting considerable interest from the working force of
the Elgin area, or v~ce versa, resulting in an increased
interest in non-farmsèverances.
POLICIES FO!i~ !(U!i'AL. AG!i'ICULTUISAL LANDfj),;'
Theproposed policy of this Interim Land Severance Committee is to dis-
courage the subdividing of established or potential farm units into
smaller holdings and to encourage continued agricultural use.
Permi t the growth of agriculture relate8. industries a.nd commercial a.cti-
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vi ties that a.re compatible with the rural character of the areas.
Industries not related to agriculture should be controlled a.nd permitted
to develop only if their impact is not disruptive in terms of the rural
environment character and social structure. 2
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pm?MI'I"l'ED USES
1. Lots for retiring farmers.
2. Lots for son or daughter engaged in farming.
3. Lots for any other bona fide farm purpose.
4. Lots containing surplus farmhouse which exists, on a farm,
that has been consolidated into a larger holding.
NON -l~Gl?I~TUJ;:AL LAND:
Prohibit the development of estate residential lots until appropriate
zoning by-Ia.ws are approved.
Areas of scenic and recreational value particularly the shorelines should
be preserved and/or developed for their inherent values.
Any development in areas of exceptional scenic or recreational value
should be regulated so that its impact will not change the environ-
mental character of the area.
RESIDENTIAL USES:
Discourage strip development.
Infilling is permitted on lots in hamlets or other built up areas.
Residential development is permitted on the outskirts of existing hamlets
under the official pla.n of the Central Elgin Planning Board. These
severances will require re-zoning to RI.
Random extensions of urban development will not be permitted.
Where proposed severances might leave adjacent property landlocked; the
land division committee may ask for a plan of subdivision.
GENERAL POLICIES:
The lot size must be a.pproved by the local Health Unit.
All lots must abut a public right-of-way.
Severances abutting a provincial highway should have the approval from
the Ministry of Transportation and Communications.
Severances within the jurisdiction of a local conservation authority
should have a written submission concerning the property, from the appro-
priate authority.
All severances should have adcess to a maintained public road.
Severances for housing are discouraged in close proximity to livestock
and poultry operations, in accordan£e with the agricultural code of
practice.
Wnere forest and woodlots are involved, severances should be discouraged.
Severances in close proximity to potential mineral lands should be
discouraged, and severances on existing mineral lands will not be allowed
unless for commercial purposes~
Severances for housing will be alfowed only if adequate sc.hool facili-
ties are available
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lVlCJNI1"0I1 ING
The Secreta.ry-Treasurer sha11 attend a.ll meetings and hearings and shall
ma.intain all applications submitted to the Committee, together with, all
correspondence addressed to the Committee and all other records of the
Committee, and minutes of all the Committee's meetings and hearings to
include full and sufficient particulars of all written comments in relation
to each application.
After the appeal period has lasped, a certificate required by subseçtion 20
of section 42 of the Act, is affixed to a deed or other legal document
relating to a transaction in respect of which a consent has been given,
by a rubber stamp as set out in Form 2.
The Policy of this land division committee will be that, the applicant
will have two (2) years from the appeal da.te to have this stamp affixed
to the deed or legal document as set out in subsection 20 of section 42
of the Act. Each severance will be located on a plotting map a.nd shall
be maintained by the Secretary-Treasurer as a permanent record.
We SU(;mest thëlt the County of Elgin be responsible for not more than
25% of the cost of the operation of the Land Division Committee.
SUMlVj}\.I(Y :
We are in a.ccord with the major objective of an Official Plan as a
guide to further development of an area, so that at all times the area
in questi.on serves the needs of its residents.
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