Official Plan for the JANUARY Municipality 2010 of Conmee

Initial draft of the 2009 update for the

Conmee official plan

INDEX

Section Page

1. INTRODUCTION,PURPOSE, DEVELOPMENT CONCEPT AND VISION 1.1 Introduction 3 1.2 General background 1.3 Municipal development concept 1.4 Purpose and effect 5 1.5 Responsibilities 6 1.6 Implementation 7 1.7 Interpretation 1.8 Planning Objectives 8

2. GENERAL LAND USE POLICIES 2.1 Compatibility 10 2.2 Accessory uses 2.3 Natural heritage resources 2.4 Cultural, Archaeological 12 2.5 Mineral, aggregate 13 2.6 Portable asphalt and concrete 14 2.7 Provincial highway 15 2.8 Sewer service 2.9 Water service 16 2.10 Contaminated lands 2.11 Alternative energy 18 2.12 Bed and breakfast and Home occupation 19

3. LAND USE 3.1 Introduction 21 3.2 Rural 22 3.3 Open Space Environmental Protection 25 3.4 Waste Management 26

4. IMPLEMENTATION 4.1 Intent 27 4.2 Lot frontage 4.3 Non‐conforming uses 28 4.4 Complete application 29 4.5 Parkland 4.6 Zoning 4.7 Holding zone 30 4.8 Temporary zoning 31 4.9 Site plan 32 4.10 Community improvement 4.11 Property standards 33

CONMEE OFFICIAL PLAN

1. INTRODUCTION, PURPOSE, DEVELOPMENT CONCEPT AND VISION

1.1 INTRODUCTION

1.1.1 The text and Schedules A and B contained herein constitute the Conmee Official Plan and apply to all lands that are within the boundaries of the Township of Conmee.

1.2 GENERAL BACKGROUND INFORMATION

1.2.1 The 2006 Canada Census reports Conmee’s population as 740 persons, housed in 298 private dwellings. This population is located along Highway 11/17 and along several side roads extending off of the Highway.

1.2.2 Development is generally comprised of rural residential lots; a few active larger farms, numerous small scale farms and farm lands; rural transportation, industrial activities and institutional uses; and resource based activities including aggregate extraction and forestry. There are several local concentrations of development, but none have established sufficiently to constitute a settlement area as defined by Ontario’s Provincial Policy Statement (2005), or suggest a real opportunity to evolve into such a settlement area within the upcoming five year planning period. [1.1.3]

1.2.3 The Township has an area of 167.5 square kilometres, and;

 Is located 40 kilometres west of the City of Thunder Bay, west of Kakabeka Falls  Is bounded in the east by the Kaministiquia River  Is bisected by Highway 11/17 which runs north‐south through the easterly portion of the Township, and by a major hydro transmission line which runs north‐west to south‐east through the township  Contains a significant area within the westerly portion of the township that is largely undeveloped and inaccessible cvia publi road.  Contains an estimated 204.6 kilometres of municipal road  Is bounded on the north and east by lands that do not have municipal organization.

1.3 MUNICIPAL DEVELOPMENT CONCEPT, VISION, AND ASSUMPTIONS

1.3.1 Conmee’s existing official plan describes the community as being a serene rural setting that facilitates a quiet and peaceful residential environment and a high level quality of life. These characteristics of the community, along with historic family attachments to the land have been described by residents as valued attributes and reasons for their continued residence in the Township. More recent residents to the Township also describe the peaceful rural setting; immediate access to the existing transportation network; and nearby access to commercial services (in Kakabeka) as a significant reason for their choice of location for a family home. [1.1.1,c]

1.3.2 Council expects that Conmee will continue to be a low density, large lot rural residential community that delivers a peaceful and tranquil rural environment to the residents of the Township. Where new industrial or commercial activity is proposed, this community vision will be considered as a primary component of the planning decision making that occurs, and Council will ensure that the identified community attributes and character that are not threatened or diminished by such development initiatives. [1.1.4,d]

1.3.3 Conmee Township has experienced a stable to modestly increasing growth trend since 1991, with a 15 year overall increase in population from1 65 persons in 1991 to 740 persons in 2006. This represents an annual growth of six persons per year (2.5 households per year). The most significant population advance within this period occurred from 1991 to 1996, when the population increased by 78 persons.

1.3.4 Since 1991, the Township has experienced 78 new lots created by consent, and has issued 88 building permits for new residential dwellings, suggesting that new family formation within the municipality as well as new families moving in are significant population drivers. [1.4.1]

The building permits represent an average of approximately 4 dwellings per year, and would suggest a 20 year need for 80 new dwellings and a ten year inventory for 40 properties that are or can be met.

There is no provision for plans of subdivision in Conmee and thus the municipality cannot maintain a three year supply of draft approved and registered plan lots. Severance lots are not typically applied for in advance of arrangements for sale and thus this source of possible lots is equally not able to deliver a three year advance supply. In addition it is expected by Council that severance for the purpose of providing children with a part of the family lands will continue to be a significant feature of the housing marketplace. Continuation of the existing severance policy is a means of ensuring a broad access by property owners to severances for this purpose.

1.3.5 Council wishes to continue to support modest growth, with a twenty year target for the year 2029 of 850 persons expected to be residing in the community. This represents an expected growth rate of approximately 15% over the twenty year planning period. The growth rate from 1991 to 2006 averaged 13.7 %. [1.1.2; 1.2.1,a; 1.1.4,a]

1.3.6 Various implementation components of this official plan are premised upon this expectation for future growth.

1.3.7 It is also the wish of the municipality to promote the occurrence of development as infill and sequential expansion of existing concentrations of development, eventually leading in future planning review undertakings to consideration of a possible settlement area. Settlement area identification and designation for any area within the Township is considered to be premature at this point in time. [1.1.2; 1.1.3; 1.1.3.3; 1.1.3.4]

1.3.8 It is the desire of Council that Conmee develop with a view to sustainability and that community residents adhere to the overall philosophy and follow a lifestyle that involves the use of current resources in a manner that does not diminish the capacity of future generations having the opportunity to do the same. Much of the responsibility for implementation of this is expected to fall upon the residents of the Township, however, the municipality will facilitate recognition and development of related activities and of an overall lifestyle wherever possible.

1.3.9 The Township’s vision is for the planning period is to continue to function as an independent, self‐ sustaining, vibrant rural community focussed upon a balanced mix of high quality rural residential lifestyle; appropriate resource based development; and stewardship of existing environmental/natural values and resources. A high quality rural residential lifestyle is the single most important community attribute and should be evaluated as a priority criteria in every planning decision that occurs within the boundaries of the Township.

1.3.10 It is Council’s intent to accommodate and integrate new development into the community in a manner that is not harmful or disruptive to the character of the overall community or of the local area into which such new development is proposed. [1.1.1c]

1.3.11 The following assumptions have been made in the development of this document;

 The township will continue to experience moderate growth.  The pattern of growth will continue to focus upon general rural development without a threshold population concentration that would suggest a defined settlement area.  The Ministry of Transportation and Communication has identified certain route alternatives for Highway 11/17 west of Kakabeka, could have a significant impact upon housing (up to 54 properties); the municipal garage, municipal office/community cente, and fire hall.  Kakabeka Falls will continue to be the local service provider for the Township at the community or area scale.

1.4 PURPOSE AND EFFECT

1.4.1 This official plan is intended to be a policy document under the provisions of The Planning Act and to represent a framework for community decision making respecting physical change in the Township of Conmee over the period to 2029. [1.1.2]

1.4.2 No public work shall be undertaken by the Township; no by‐law shall be enacted; and no planning approval shall be given unless in accordance with this official. plan

1.4.3 Notwithstanding, Council may;

 Investigate and consider public works or other actions that are not in conformity with this plan, and including applications for review and/or approvals incidental and necessary for such works or actions, but not undertake the actual works until brought into conformity with this plan.  Adopt amendment to this plan and thereafter enact a zoning amendment or other by‐law that is not in conformity with this plan, but that will be in conformity when the relevant amendment is finished and comes into force and effect.

1.5 RESPONSIBILITIES

1.5.1 Municipal planning in Ontario is conducted through enabling legislation, primarily through The Planning Act, and within an umbrella of stated Provincial areas of interest and land use policy, most notably the Provincial Policy Statement. The Township shall, in consideration of all planning matters, have regard for matters of Provincial Interest as set out in The Planning Act, and ensure that all planning decisions are consistent with Ontario’s Provincial Policy Statement.

1.5.2 Council of the Township of Conmee shall have responsibilities for this plan including; . To prepare, manage, update and keep current the official plan. . To amend the official plan as may be required in order to ensure compliance with the Provincial Plan for Northern Ontario once that document is brought into force and effect, and to continue to maintain the document in compliance with the Provincial Plan and Ontario’s Provincial Policy Statement. . To adhere to and implement the guidance and policies contained herein. . To review and update this plan at intervals of not less than five years, in accordance with the requirement and provisions of Section 26 of the Planning Act for regular and systematic review, including the conduct of legislated public meeting(s). . To receive and review and/or to initiate amendments to the official plan from time to time as found to be necessary, and to process such amendments. . To consult with appropriate agencies and offices in the preparation of this plan and/or amendments to it, and in the day to day administration and application of this plan. . To be the final authority for day to day interpretation of this plan. . To reference and make use of this plan in the evaluation of planning matters within the municipality, and the processing of planning approvals.

1.5.3 Private interests are generally made to adhere to this plan through implementation and application of the comprehensive zoning by‐law, and through the exercise of a variety of planning approvals that rely upon and implement compliance with this plan. It is the desire of Council that private interests will also adopt and integrate into their day to day activities the sustainability component of this plan.

1.5.4 Senior levels of government are acknowledged to be legally exempt from this plan, however they are expected, as much as possible to have regard for the plan in the conduct of their activities that would have impact within the Township.

1.5.5 Crown Land (for which patent has not been issued) administered by the Ministry of Natural Resources, exists within the municipality and may, through approvals for use or future patents impact the Township’s development concepts. The Township acknowledges that it has no jurisdiction over Crown Lands, but does wish that Ontario’s administration of these lands take onto account aspects of this plan that might be impacted where future patent or approval to use Crown Land is involved.

1.6 IMPLEMENTATION

1.6.1 The objectives, policies, figures, and schedules in this document, and amendments to this document, as may be madee from tim to time, shall be implemented through the powers conferred upon the Township by the Planning Act, the Municipal Act, and other applicable provincial statutes, and through the capital budget and capital expenditures of the Township.

1.6.2 Notwithstanding the designations on the land use schedules that are a part of this plan, it is recognized that some portions of the land use designations may not require zoning for these long term designations for some time to come. In such areas, the Comprehensive Zoning By‐law may recognize existing land uses until such time as services are installed and developments consistent with the long term designations are appropriate.

1.7 INTERPRETATION

1.7.1 The Council of the Township of Conmee, with the assistance of staff, shall be responsible for interpretation of the text, figures and schedules contained within this Plan.

1.7.2 This document is intended to be flexible in nature. The text represents broad concepts and the land use designations shown on the schedules to this Plan represent relationships rather than strict and absolute conditions. Accordingly, unless specifically provided for in the text of the Plan, and so long as the overall intent is maintained the plan shall be flexible and interpretive in nature and not represent nor construe absolute conditions, situations or measurements.

1.7.3 Land use designations shall be considered as representing predominant land uses, and shall not preclude small pockets of other land uses consistent with the pertinent policies of this Plan. Uses mentioned under definitions in each of the land use categories should not be considered all inclusive, but rather representing general intent. Specific land uses within each designation shall be defined in the Comprehensive Zoning By‐law or amendments thereto.

1.7.4 Boundary lines, unless coinciding with specific major facilities, such as roads, rivers or railways, shall be construed as representing relationships between land uses rather than exact geographic locations. Where a boundary line is located along a major road, such line may be considered to offer the lands on both sides of the road similar land use opportunity and access to the highway resource driving the abutting land use. Where this occurs, the actual zoning line implementing the land use designation may be located one lot depth away from the roadway rather than directly along or within the roadway.

1.7.5 Numbers and quantities shall generally be considered as approximate rather than absolute. Consideration shall be given to the intent of the policy in which the number or quantity is quoted, and it shall be determined that the intent is not compromised before any variance from an quoted number or quantity nin the pla is considered.

1.7.6 Indication of municipal services or facilities in this Plan shall not be construed as a commitment by the Township to construct or provide such services within a certain time frame. Rather, such commitments shall be subject to the decisions of Council in its annual Capital Budget deliberations.

1.8 PLANNING OBJECTIVES

Council wishes to establish and to achieve the following planning objectives that will serve to guide decision making with respect to physical change in the Township and the extension and operation of public services;

1.8.1 To provide a clear statement of the vision for the community to be used in the making of future planning decisions respecting land use, and to make planning decisions that implement and achieve this vision.

1.8.2 To achieve a modest rate of growth and to accommodate new residential and non‐residential development in a manner this not disruptive to the existing rural population or the general tranquil rural character of the municipality.

1.8.3 To promote efficient development and land use patterns which sustain the financial well being of the Township and the Province of Ontario. [1.1.1,c]

1.8.4 To ensure that necessary infrastructure and services are or will be available tot mee current and projected needs; that infrastructure and services are cost effective and do not threaten the efficient expansion of existing services; and that existing infrastructure and services are employed prior to new infrastructure and services being constructed. [1.11,g; 1.6.1,2]

1.8.5 To facilitate responsible municipal stewardship of the lands and natural resources that are available within the municipality. [1.1.1,c]

1.8.6 To develop a basic economic foundation, including aggregate based extraction and other rural industrial activity that is compatible with existing and potential rural residential land use in the community. [1.1.1,a]

1.8.7 To discourage incompatible land use and development. Where new development is propose in areas that contain or would contain sensitive land uses, such new development will be required to demonstrate what impacts will be involved and how they can be appropriately mitigated.

1.8.8 To protect surface and ground water resources from contamination and from incompatible uses, and where possible to enhance existing ground water conditions. [1.1.1,c; 2.2]

1.8.9 To protect and make available for use aggregate resources. [2.5]

1.8.10 To promote an orderly, economic, efficient and effective delivery of common infrastructure and public services. [1.1.1,g]

1.8.11 To have regard for accessibility for persons with disabilities and the elderly and in particular to remove and/or prevent land use barriers which might restrict their full participation in society. [1.1.1,f]

1.8.12 To accommodate a broad range of land use opportunities that address and meet the long term needs of the Township. [1.1.1,b]

2.0 GENERAL LAND USE POLICIES

This portion of the official plan is intended to address general planning matters and to set out provisions and policies that will apply over the entire Township and to all land use designations unless specifically stated otherwise. Where conflict exists between a general provision or policy and a specific provision or policy that has been set out within a particular land use designation, the specific provision or policy will typically take precedence and apply.

2.1 Land Use Compatibility

2.1.1 The Township wishes to avoid or minimize land use conflict. The encroachment of sensitive land uses (such as residential, institutional) and major facilities or industrial uses on one another is discouraged. Whenever a change of land use is proposed, consideration shall be given to the effect of the proposed development on existing land uses.

2.1.2 Planning approvals may involve separation distances, buffers, or other mitigation measures in accordance with Ministry of Environment Guidelines in order to address and prevent potential adverse effects such as noise, dust, fumes, odour, or vibration. Proponents may be requested to provide the Township with technical studies, prepared by qualified professionals, to assist in the evaluation of a development proposal where such issues are involved.

2.1.3 Consideration shall also be given to the extent to which increased site plan requirements can reduce potential impacts. Where negative impacts cannot be minimized to acceptable levels, the proposed development should not proceed.

2.2 Accessory Uses

2.2.1 In all land use designations, secondary uses that are compatible with, incidental, and accessory to the main uses shall be permitted , provided that impact upon abutting or nearby lands is minimal, and that such uses are capable of providing a full array of appropriate on‐site vehicular movement, loading and parking, amenity area, and needed services.

2.2.2 Accessory uses associated with a main use on a particular property and in a particular zone, including on‐site vehicular movement, loading and parking, amenity area, private services, landscaping/fencing, and similar features shall be permitted.

2.3 Natural Heritage

2.3.1 Significant nature heritage features, including significant habitat of endangered and/or threatened species, significant wildlife habitat, significant wetlands, and Areas of Natural Scientific Interest are addressed herein.

2.3.2 Development Adjacent to water : where permitted by all other applicable policies in this plan, development and site alteration may be permitted adjacent to fish habitat, provided that the ecological function of the adjacent lands has been evaluated and it has been determined that there will be no significant negative impact upon the fish habitat or its ecological functions. [1.1.1,c; 2.1]

2.3.3 For the purpose of this section, “adjacent” shall mean all lands within 30 metres of the high water mark of any watercourse or water body. Where watercourses or water bodies have been defined by the Ministry of Natural Resources as being containing significant fish habitat, the term “adjacent” may be further defined through consultation with the Ministry and may include lands up to 120 metres from the high water mark. [2.1.3.c,d,e]

2.3.4 Where planning approvals are required to facilitate a development or site alteration adjacent to fish habitat or significant fish habitat, the proposal will be evaluated for potential impact upon such habitat. Council may require that and Impact Assessment be carried out to evaluate potential impacts and to consider appropriate remedial measures. [2.1.5]

2.3.5 Where possible natural vegetation should be retained adjacent to watercourse and/or water bodies to protect fish habitat. A 30 metre minimum vegetative buffer is encouraged. [2.1.4,a]

2.3.6 Impact Assessment : where an Impact Assessment is determined to be needed, it shall be prepared by a qualified environmental specialist in accordance with Ministry of Natural Resources guidelines, and shall include;

a) A description of the natural environment, including natural features and ecological functions that may be affected by the proposed development, b) A description of the proposed development, c) A description of potential impacts of the proposed development on the natural environment d) Suggested development alternatives that would avoid the determined potential impacts, or if impacts cannot be avoided, recommended mitigation measures, including proposed implementation measures, and; e) Recommended monitoring activities.

2.3.7 Where required, no planning approval shall be granted until an Impact Assessment has been completed to the satisfaction of Council. An impact Assessment shall not be established as a condition of approval, but rather conducted in advance of the final determination by Council of a planning decision.

2.3.8 Lands south of Mokomon Station along the Marks Moraine have been identified as an ANSI. Development initiatives in the vicinity of this feature shall be discussed with the Ministry of Natural Resources in order to assess possible impact and to identify needed remedial action. [2.1.4,e]

2.4 Cultural, Archaeological Heritage

2.4.1 All new development permitted by the land use policies and designations of this Plan shall have regard for cultural heritage resources and shall wherever possible incorporate these resources into new development proposals. In addition, all new development shall be planned in a manner that preserves and enhances the context in which cultural heritage resources are situated. [2.6.1]

2.4.2 Cultural heritage resources include, but are not limited to archaeological sites, cemeteries and burials, buildings and structural remains of historic and architectural value, and human‐made rural, village, and districts or cultural landscapes of historic value.

2.4.3 The Ontario Heritage Act and its provisions will be utilized to conserve, protect, and enhance the heritage of the Township through the designation of individual properties, conservation districts and/or landscapes, and archaeological sites. A municipal heritage committee may also be established to advise and assist on conservation matters relating to heritage resources.

2.4.4 Council may enter into a municipal/provincial data sharing arrangement in order to obtain data and maps of registered/known archaeological sites located within the Township. In addition, data and maps of any designated or locally significant heritage buildings/structures, mapped areas of archaeological potential and/or cultural landscapes located within the Township would be maintained and made available for use in planning review. Council would be expected to regularly update such mapping. [2.6.3,3]

2.4.5 Council recognizes that archaeological potential will be determined for individual development applications through the use of established provincial screening criteria or qualified mapping. [2.6.2,3]

2.4.6 Archaeological potential criteria include features such as proximity to water, current or ancient shorelines, and any known locally significant heritage areas such as portage routes or other places of past human settlement or focus of activity.

2.4.7 Council, with advice from the Ministry of Culture may undertake the preparation of an Archaeological Master Plan to identify and map archaeological resources and establish policies, programs, and strategies to protect significant archaeological resources.

2.4.8 The Township may require archaeological assessment by a licensed archaeologist where development is proposed in areas of known or potential archaeological resource occurrence.

2.4.9 Archaeological resources may be preserved on site, or may be systematically removed through excavation by a licensed archaeologist.

2.4.10 The integrity of archaeological resources may be maintained by archaeological zoning adopted under Section 34 of The Planning Act, prohibiting use of land or the construction of buildings or structures on land which is the site of a significant archaeological resource.

2.4.11 The Township shall have regard for the conservation of all significant cultural heritage resources during the undertaking of municipal public works or environmental assessment projects, and where necessary will require satisfactory measure to mitigate adverse impacts to significant archaeological resources.

2.4.12 Council shall encourage local utilities to place equipment and devices in locations which do not detract from the visual character of cultural heritage resources and which do not have significant impact on the visual integrity of such resources.

2.4.13 Council shall seek the acquisition of easements on properties with heritage resources in order to assure the preservation of such resources.

2.4.14 Council shall ensure that each municipally owned heritage resource that is sold, leased, or transferred to another owner or occupant is subject to a heritage agreement that will protect, preserve, and maintain the particular heritage value or resource, and will ensure in such agreement that any works necessary over time to maintain or restore the particular heritage resource will be carried out.

2.5 Mineral, Aggregate Resources

2.5.1 Mineral and aggregate resources shall be protected from development and activities that would preclude or hinder their use or expansion of current use, or which would be incompatible for reasons of health, public safety, or environmental impact. [2.4.1; 2.5.1]

2.5.2 Existing mineral aggregate operations shall be permitted to continue without the need for Official Plan amendment, zoning, or development permit under the Planning Act. Where an existing pit or quarry ceases to operate the area shall be considered as a known deposit or mineral aggregate resource as long as the resource has not been exhausted. [2.5.2.4]

2.5.3 Once extraction has ceased, progressive and final rehabilitation shall be encouraged to accommodate subsequent land uses and to promote land use compatibility. [2.5.2.1]

2.5.4 Aggregate extraction shall be permitted in the Rural land use designation subject to rezoning and/or Crown Land approval processes.

2.5.5 Where new aggregate extraction zoning is proposed, Council may request a brief development concept statement be submitted detailing the intended operation, including scale, length of time that the operation is expected to continue, the specific location of pits, and measures to offset negative impacts on surrounding sensitive lands. [2.4.2.2; 2.5.2.5]

2.5.6 Council will, in the comprehensive zoning by‐law establish separation distances in accordance with Ministry of Environment standards for Land Use Compatibility to limit the location of sensitive land uses in the vicinity of known aggregate operations.

2.5.7 A minimum separation distance of 100 metres for any operation recognized by aggregate zoning shall be maintained between the active area of the operation and any abutting zone that permits residential or other sensitive land use. Any sensitive use proposed within this 100 metre separation distance must be justified by supporting technical study.

2.5.8 Development proposals that would result in pits or quarries being located within 1 kilometre of land zoned for residential purposes or other sensitive land uses will be evaluated in accordance with the Ministry of Environment Guidelines for Land Use Compatibility. [2.5.5]

2.5.9 Council may enact by‐laws under the Municipal Act licensing and otherwise regulating the activities of aggregate extraction operations.

2.5.10 The provisions of the Aggregate Resources Act apply to all properties of the Crown; to private lands designated under the Act; and to all lands under water. Where required by the Environmental Protection Act, a Certificate of Approval must be obtained prior to the operation of aggregate processing equipment.

2.5.11 Wayside pits and quarries shall be permitted without the need for an Official Plan amendment, rezoning, or development permit except in areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and/or associated activities.

2.6 Portable Asphalt and Concrete Plants

2.6.1 Portable asphalt and/or portable concrete plants used on public road authority contracts shall be permitted without the need for an Official Plan amendment, rezoning, or development agreement, except in those areas of existing development or particular environmental

2.6.2 Where required by the Environmental Protection Act, a Certificate of Approval must be obtained prior to the operation of a portable asphalt or portable concrete plant.

2.6.3 Upon completion of the particular contract related to the portable facility, such facility will be removed and the site will be appropriately rehabilitated.

2.7 Provincial Highways and Municipal Roads

2.7.1 The primary purpose of a Provincial Highway is acknowledged to be the movement of people and goods. Direct access onto Provincial Highway 11/17 will generally be discouraged, and access is encouraged to make use of existing municipal side roads wherever possible. [1.6.5.1; 1.6.6.1]

2.7.2 The Township’s comprehensive zoning by‐law shall require a minimum 45 metre setback from the limit of the highway right of way for any development adjacent to a Provincial highway.

2.7.3 In addition to all applicable municipal requirements, all proposed development located in the vicinity of a provincial highway within MTO’s permit control areas will also be subject to MTO approval. MTO’s permitting area extends 45 metres from the property limits of the highway right of way, and 180 metres from the centre point of an intersection of a side road with the highway. [1.6.5.5; 1.6.6.2]

2.7.4 Where a lot is proposed to be created, or where a planning approval is required to facilitate development of residential or other sensitive land use in close proximity to a Provincial Highway, the submission of a noise impact assessment to the satisfaction of Council may be required, and such study shall be completed by a qualified consultant, and shall identify the level of impact and describe mitigation measures needed to achieve provincial standards for indoor noise levels.

2.7.5 A transportation study may be required to address both the impact of new development on the Provincial highway and any associated highway improvements that might be required due to a proposed development.

2.7.6 Outdoor storage and loading areas in the vicinity of a Provincial highway must be visually screened so as to not be visible to the travelling public.

2.8 Sewer Service

2.8.1 Council acknowledges that private, individual sewage systems, typically involving a class IV leaching operation are the primary means of sewage treatment and disposal. [1.6.4.1,a; 1.6.4.4]

2.8.2 New development will be required to demonstrate the capability to support a class IV leaching sewage system.

2.8.3 For lands that are to be serviced by private wells, and/or individual septic systems, lot sizes will be established in the zoning by‐law that allow a well and other lot functions to be readily located on the property.

2.9 Water Resource

2.9.1 Council acknowledges that the major source of potable water is and will continue to be from private individual wells. A minimum quantity of 18 litres per hour will be required to be proven for well water sources. [1.6.14.1; 1.6.4.4]

2.9.2 A lake water source may also be utilized for supplying potable water and if so, such water should be treated before use.

2.9.3 The Township will seek to protect, improve, and restore vulnerable and/or sensitive surface and/or ground water features and their hydrological functions. [2.2]

2.9.4 The Township will promote efficient and sustainable use of water resources and water conservation. [2.2.1,f]

2.9.5 The Township will explore storm water management practices intended to minimize contaminant loading, and promote the planting of trees and the landscaping of lots so as to divert and utilize storm water. [2.2.1,g]

2.9.6 Development initiatives within areas of or close to areas of vulnerable or sensitive water features may require specific study of the potential impacts of the development upon such features. [2.2.2,b; 2.2.2]

2.10 Contaminated Lands, Construction Hazards, and/or Use Limitations, and Noise/Vibration

2.10.1 Current or historic use of land may suggest the possibility of soils contamination, and may impact upon the future use of lands for more sensitive land uses. [3.0; 3.2.1]

2.10.2 Where a planning approval is required to facilitate development of any property which may have been contaminated by previous use, Council shall require the proponent to submit a Record of Site Condition prepared by a qualified consultant, in accordance with Ministry of Environment guidelines and acknowledged by the Ministry of the Environment. [3.2.2]

2.10.3 Where site remediation requirements are known and feasible, both technically and financially, planning approvals using a Holding Zone designation may be considered. In such instances submission of an appropriate Record of Site Condition will be required prior to the removal of the holding symbol. [3.0; 3.1.2,c]

2.10.4 Development shall not be permitted within lands that are subject to possible public health, safety, or significant property damage by virtue of potential development hazard such as flooding, unstable or poorly drained soils, erosion or steep slopes, areas of past mine activity unless adequate study has been carried out identifying the extent of the potential hazard and indicating required remedial measures needed to offset the determined hazard. [3.1.2,a]

2.10.5 Access/egress to any new building shall be such that vehicular and pedestrian movements shall not be impeded during times of flooding. [3.1.1]

2.10.6 The Township may zone lands that are subject to inherent use limitations in one or more zones that restrict the construction of buildings and/or structures.

2.10.7 The Township may also encourage, and where appropriate, assist in the identification and study, and remedial efforts for existing properties where contamination is known or thought to exist, but where no current development initiative is involved. 3.1.1,c]

2.10.8 Abandon mine sites are shown on Schedule B, Development Restraints Map. Where abandoned mining operations exist as part of lands proposed to be developed, or within 500 metres of lands proposed to be developed, the extent of possible hazard related to the abandoned mine will be identified and remedial measures to the satisfaction of the Ministry of Natural Resources will be determined and integrated into the proposed development.

2.10.9 Noise is one of the most common negative impacts experienced by sensitive land uses. Major sources include railways and highways.

2.10.10 Council’s planning program has been designed to achieve separation of noise generation sources and sensitive lands and to secure abatement and mitigation measures where development is contemplated in the vicinity of noise sources.

2.10.11 Where any planning approval relative to new development is required that does not involve sensitive land use, a minimum 30 metre setback shall be maintained from the limit of any railway right of way or rail yard, in addition to a 1.5 metre earth berm. Where such an earth berm cannot be established, a minimum 120 metre setback shall be maintained.

2.10.12 Where any planning approval relative to a new development is required for a light industrial development, a 15 metre setback shall be maintained form the limit of any railway right of way

2.10.13 Where any planning approval relative to a new development is required for a heavy industrial development, a 15 metre setback shall be maintained form the limit of any railway right of way or rail yard.

2.10.14 Where sensitive land use is proposed in the vicinity of a railway or highway, a noise study may be a requirement of any planning approval that is required.

2.10.15 Except for infill of existing lots of record, new residential or other sensitive land use shall not be permitted within 300 metres of a railway yard.

2.10.16 Where development is proposed within 75 metres of a railway, a vibration study may be requested to assess the potential impact of vibration on the intended development and to determine appropriate mitigation measures.

2.11 Alternative Power Generation

2.11.1 It is the intent of Council to encourage the development of alternative power generation activities within the Township, both as a source of individual power service and as a commercial undertaking. [1.8.3]

2.11.2 Ontario legislation permits certain alternative and/or renewable energy systems to be exempt from municipal planning approvals. Ontario’s Provincial Policy Statement also indicates that municipal official plans shall permit alternative and renewable energy systems in settlement and rural areas of a municipality in accordance with provincial and federal requirements.

2.11.3 Individual properties in the rural area may use private alternative power generation to supplement or address their energy needs, and may arrange to sell back power to the supply grid, provided that such arrangements represent a secondary arrangement and not a commercial undertaking. Private alternative wind power generation will be permitted in any lot in excess of two hectares in size, and may be permitted on smaller lots by rezoning, where it can be demonstrated that there will be no negative impact upon abutting properties. Individual solar power generation is also encouraged, however separate arrays of panels shall not be permitted in a required front yard or on lots smaller than two hectares outside of the settlement area.

2.11.4 Environmental screening and possible environmental assessment processes may be required for alternative energy power generation projects and approvals under the Environmental Protection Act may also be involved.

2.12 Bed and Breakfast, Home Industries, Home Occupation

2.12.1 Bed and Breakfast

Bed and Breakfast use shall be considered as an accessory use to any low density residential dwelling, subject to the following;

a) The bed and breakfast use shall clearly remain a secondary use of the property to the main residence. b) A bed and breakfast use shall be carried out within a dwelling by the occupant of the dwelling and may involve up to one additional employee. c) A bed and breakfast use typically will involve up to five bed and breakfast bedrooms available to guests, except where a specific rezoning implements a greater number. d) On site food consumption shall be limited to guests only. e) The number of bedrooms used for bed and breakfast activity shall be at least one less than the number of bedrooms existing in the dwelling f) In addition to the parking required for the dwelling, one additional parking space shall be identified for each bedroom to be used for bed and breakfast use.

2.12.2 Home occupations and home industry

Home occupations and/or home industry shall be considered as an accessory use to any low density residential dwelling, subject to the following; a) A home occupation or a home industry may be permitted within any low density dwelling through a site specific zoning amendment which has included a determination that the intended use will not cause inconvenience or conflict with existing and nearby sensitive land uses. It is the intent of Council that a quiet and serene living environment shall be maintained and that any such home based activity shall not threaten such an environment. b) The home occupation or home industry use shall clearly remain a secondary use of the property to the main residence. c) A home occupation or home industry use shall be carried out within a dwelling by the occupant of the dwelling and may involve up to two additional employees. d) A home occupation or home industry may involve use of an accessory building. e) A home occupation or home industry shall not exceed 50 % of the size of the main dwelling except by specific zoning amendment. f) Home occupation and/or home industry operations which escalate in size will be encouraged to relocate to appropriate commercial or industrial locations and there should be no expectation that size regulations intended to limit the size of such activities and reduce potential impact will be amended by Council. g) Where home occupation or home industry activities are located on a provincial highway there should be no expectation that future conversion of a residential entrance to a commercial entrance will be agreed to by MTO or that MTO will agree to

PART THREE : LAND USE

3.1 Introduction

3.1.1 This official plan employs land use designations as a basis of describing an orderly, economic and functional land use pattern within the Township and as a means or organizing related goals, objectives, policies, regulations, and planning guidance and of minimizing conflict, adverse effects and negative impacts arising from land use changes.

3.1.2 The following land use designations are used;

. Rural . Open Space . Environmental Protection . Waste Management

3.1.3 These land use designations apply to lands identified on Schedule “A” attached to and being a part of this official plan. Land constraints are identified on Schedule “B” to and being a part of this official plan, and must be addressed as part of the consideration of the land use designations that are set out in Schedule “A”.

3.1.4 Each land use designation is addressed in this official plan by policies that establish general permitted uses and articulate related policy, guidelines and regulations intended to co‐ordinate and harmonize land use within the designation and between designations.

3.1.5 A variety of land uses are considered to be necessary, appropriate in, and consistent with the intent of all land use designations, and such uses, described as follows are permitted in all designations; . Roads, pathways, lanes . Essential operations of municipal government relating to the delivery of public services . Gas and/or electrical transmission lines and/or local service lines and directly related infrastructure and facilities . Parks, open space, conservation . Accessory buildings, structures, and activities relating directly to a main use . Parking and loading and related driveways and aisles . Landscaping, fencing, natural vegetation . Remedial flood protection and/or rehabilitation works; fish, wildlife, waterfowl habitat protection and/or enhancement

3.2 Rural Land Use Designation

3.2.1 The Rural area is intended to be a multiple purpose area, characterized by low density and large lots, where land use is accommodated in a compatible manner, and implements the land use vision described in this document. [1.1.4]

3.2.2 Development dis expecte to be related to resource based; highway resource based; and/or recreation resource based activities. Limited residential activity will also be permitted in the Rural designation, particularly as infill and/or minor expansion of existing concentrations of residential use. Typical activity will include agriculture, conservation, forest harvesting, recreation, tourism, and limited residential. Highway or tourist based commercial and/or local industrial use may be considered by rezoning. Aggregate extraction and/or pits and quarries will also be permitted subject to rezoning and any required environment assessment. [1.1.4.1,a]

3.2.3 Recreation lands are a high priority for Council. Such lands will not normally be sold off, and additional lands with recreational potential may be acquired and/or developed for use by residents and/or tourists. [1.5.1]

3.2.4 Public sewer and/or water service shall not be provided in the Rural designation, and new development will be required to prove lot capacity to support private sewage capacity and a potable water supply. Communal sewer and water services will not be permitted except through an amendment to the official plan, and it is intended that the Township would not be inclined to provide public backing or public guarantee to any such communal service, except where it has participated in an official plan amendment indicating such support. [1.1.4.1,b,d]

3.2.5 Home occupation, home industry and bed and breakfast activities will be permitted in association with residential use in the Rural area in accordance with the policies set out elsewhere in this plan, and or in the implementing zoning by‐law.

3.2.6 Limited residential activity in the rural area shall be considered, and will generally be expected to;

. Be located on properties that have legal and practical public road access . Involve one only single detached dwelling per lot, which may be a mobile home, modular home or a conventional constructed dwelling. . Preferably be located in the vicinity of other existing residential land use and constitute infill or minor expansion of such existing concentrations of residential activity. . Not involve extensions to rural roads, unless such extension offers positive benefit to the operation of the rural road network (ie results in or advances connecting of existing roads).

[1.1.4.1]

3.2.7 An estimated 298 private dwellings (2006 Census) exist within the Township, scattered throughout the Rural area, largely in the south and south west portion of the municipality.

3.2.8 Mobile Homes and Second Dwelling Units

3.2.8.1 The existing Spruce Grove Mobile Home Park shall be recognized as a permitted use in the Rural land use designation with the following provisions to apply.  Not more than 30 mobile home units  Each mobile home to be located on a defined site of not less than 100 square metres  Permitted uses to include accessory buildings to the dwellings and to the mobile home park  A minimum 10 metre separation distance from other buildings and lot lines  A minimum 5% landscaped area to be provided and maintained.

3.2.8.2 No new mobile home parks will be permitted in the Township since it is the opinion of Council that mobile home parks are not compatible with the desired community vision for a low density, large lot rural area. [1.1.4.1,b]

3.2.8.3 The number of residents in the Township in or approaching retirement is thought to be increasing, and will bring with it a need for housing assistance. Council wishes to keep it ageing population in the community and may, through rezoning, approve of a temporary second dwelling unit or an addition to an existing dwelling to incorporate a second dwelling unit where such units involve occupancy be ageing family members. Where a second dwelling unit is involved it will be removed from the property when the family need is completed.

3.2.9 Aggregate Lands

3.2.9.1 Aggregate resources are a valuable non‐renewable resource and are typically expected to be protected for their long term use. Aggregate extraction may be considered by rezoning where economically viable operation of extraction activities has been determined, and shall be expected to occur in a manner that minimizes social and environmental impacts. [1.3; 2.5]

3.2.9.2 Aggregate potential is thought to exist within the Township, and have been shown on Schedule “B” Development and Development Restraints.

3.2.9.3 Aggregate resources and aggregate operations shall be protected from development and activities that would preclude or hinder their development, expansion, or continued use or which would be incompatible for reasons of public health, safety or environmental impact . [2.5.2.4]

3.2.9.4 An aggregate pit may not be developed or located closer than 15 metres from a watercourse, surface wetlands or body of water that is not the result of excavation.

3.2.9.5 In areas adjacent to or in known areas of potential aggregate resources development and activities which would preclude or hinder the establishment of new operations or access to resources will only be permitted if . Resource use would not be feasible . The proposed land use or development serves a greater long term public interest . Issues of public health, public safety and environmental impact have been addressed

[2.5]

3.2.9.6 Wayside pits and quarries and portable asphalt/concrete plants used on public authority contracts shall be permitted in the Rural designation, except in those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities.

3.2.9.7 Portable asphalt or concrete plants shall maintain a minimum setback of 100 metres from any existing dwelling, and the operation shall be terminated; the facility removed; and the site rehabilitated upon completion of the particular road contract that caused the initial location of the plan.

3.2.10 Highway/Tourist Commercial, Industrial, and/or Institutional

3.2.10.1 Highway/Tourist Commercial, industrial and institutional uses in the Rural area may be considered by rezoning subject to the guidance and provisions set out in Section 4.8 Provincial Highways, and to the particular commercial activities relying upon the traveling public and/or traffic related exposure as an integral part of the business model. [1.3; 1.7.1,f]

3.2.10.2 Where a highway or tourist commercial use is being considered for a planning approval, care and attention by the approval authority should include the conceptual community vision that is set out in Subsection 1.3.1 and Section 1.3.9. Screening, buffering, and setbacks may be used to offset visual or other determined impacts to surrounding lands and to encourage a visually and aesthetically pleasing impact along Highway 11/17. [1.1.4.1,d]

3.2.10.3 Industrial use in the Rural area is generally expected to relate to the operation and/or servicing of agricultural, natural resource or transportation resources that are available in the municipality, and where an amendment is being considered by the approval authority, care and attention should include the conceptual community vision that his set out in Section 1.3.1 and Section 1.3.9

3.2.10.4 Industrial uses shall be considered by rezoning on the basis of a particular project or initiative, and may include limitations or specific regulations in the zoning by‐law that are appropriate to the circumstances of the project and the area.

3.2.10.5 Institutional uses shall typically be small scale activities related to the provision of service to the residents of the Township, and shall be on a parcel of land that is of sufficient size so as to accommodate required parking and other on‐site activities associated with the particular activity.

3.2.11 Alternative Energy

3.2.11.1 Alternative power generation initiatives may be considered by rezoning subject to the guidance and provisions set out in Section 4.12 Alternative Power Generation.

3.2.11.2 Individual use of alternative energy supply through windmill or solar facilities will be permitted in the Rural area, provided that such facilities are installed and operated in a safe manner and that they do not result in nuisance or other distress to surrounding land uses.

3.2.11.3 The Township may also wish to research, and if appropriate consider a general zoning amendment allowing individual windmill and/or solar panels within the settlement area, or to allow individual facilities through specific rezonings. Rezoning for individual alternative energy facilities shall consider the amount of noise and vibration. No alternative energy facilities shall be located in a required front yard, and where in other yards shall include a setback from nearby lot lines that is not less than the size of any rotating blade.

3.2.12 Lands Having Agricultural Potential

3.2.12.1 Lands that are identified on Schedule “B” as having high agricultural potential are considered to be prime agricultural lands and shall be utilized for agricultural purposes. New non‐agricultural uses shall not be permitted on these lands unless it has been determined that there are no reasonable alternative locations upon which the use might be established. [1.7.1,g; 2.3; 2.3.5.1]

3.2.12.2 Impacts upon agricultural activity from existing non‐agricultural uses should be mitigated to the extent that is practical and possible. [2.3; 5.2]

3.2.12.3 All new development in the vicinity of lands having high agricultural potential and of any active farming operation shall comply with the Minimum Distance Separation Formulae

3.3 Open Space/Environmental Protection Land Use Designation

3.3.1 Open space land use is intended to provide recreation and/or leisure activity area and to accommodate related buildings and/or facilities. Open space designation will also be used to protected natural features. [1.5.1]

3.3.2 Use Limitation designation and zoning will be the primary means through which protection of ecological areas and natural features and functions will be protected. Typically land abutting a watercourse, lands subject to flooding, lands with poor drainage or lands that exhibit erosion will be designated as Use Limitation or Open Space. [3.1.1,b]

3.3.3 Use Limitation designation will also refer to lands that have mine hazards, including exploration works and/or former mine operations. Lands containing these hazards should be rehabilitated to at least the minimum requirements of The Mining Act, and/or should be the subject of specific study and rehabilitated in accordance with the findings of such study.

3.3.4 Within the use limitation designation and implementing zoning, no building or structure will be permitted unless directly related to flood control or to the management of erosion, and no movement or placing of fill shall be permitted. [3.1.2]

3.3.5 Use Limitation lands are not intended to be acquired by the Township, although the Township may, from time to time elect to acquire such lands for purposes consistent with this official plan.

3.3.6 Where lands are designated as Use Limitation, it is not intended that such designation will be applied indefinitely. Such lands may be developed where specific and detailed study is carried out documenting the particular limitation and determining appropriate remedial actions to be included in the development.

3.4 Waste Management Land Use Designation

3.4.1 The municipality has recently competed activation of a new landfill site on Lot 6 Conc. 3. A previous landfill site was located on Lot D Concession.

3.4.2 No use shall be made of any lands that have previously been used as a waste disposal site within the last 25 years unless the approval of the Ministry of the Environment is obtained. No use shall be made of any lands that are located within 500 metres of a waste disposal site unless it has been demonstrated that the nearby waste disposal site does not cause or will not cause environmental problems or negative impacts to the development. [1.6.8]

PART FOUR : IMPLEMENTATION

4.1 Intent of this Section

4.1.1 It is the intent of this section to articulate and describe typical planning responsibilities and powers that are available to the Township for planning purposes and to describe related policies.

4.2 Lot Creation

4.2.1 The current size and character of the Township and the current level of economic activity is such that lot creation through the consent process as provided for under Section 53 of The Planning Act is the appropriate means of creating new lots. Consent will be considered subject to the following;

a) In the Rural Area, the number of new lots to be created for a parcel of land held in unity of ownership at August 25th 1975 does not exceed three new lots, plus the residual parcel for any patent land holding, provided that for the purposes of the above noted limit on the number of lots to be created, lot enlargements and/or lot adjustments shall not be considered in the count. b) In the Rural Area additional severance may be agreed to by Council resolution for up to three further employment generating uses that are not for residential and not for recreational cottage purposes, subject to other planning considerations set out hereafter. c) In the Rural Area Council may from time to time by resolution agree to additional residential severance where the situation is clearly infill at a similar size of a vacant parcel within a grouping of existing dwellings. This relief shall be limited to infill only and shall not be employed to expand the extent of an existing concentration beyond what can occur by normal consent activity. d) The retained and newly created lot shall have practical and useable frontage on a traveled and maintained public road, or involve a situation such as lot enlargement, mining or other such situation where public road is determined not to be a specific requirement. e) The creation of a new lot does not result in adverse effect or negative impact upon abutting and nearby lands and/or land uses. f) The proposed lot size, frontage, and configuration are suitable for the intended use and generally compatible with the surrounding lot fabric, and these, plus the use of land conforms to the zoning by‐law or to an amendment to the zoning by‐law that is supported by Council. New lots for development purposes shall meet the minimum lot frontage, area, and size as set out in the municipal comprehensive zoning by‐law. g) The proposed lot has sufficient size and practical space so as to accommodate the main use and related accessory uses including on‐site parking and vehicular movements, loading, landscaping, and amenity/activity area.

h) Where lands are proposed to be severed and private sewage and water services are intended, preliminary consideration has been obtained from the Thunder Bay District Health Unit or other appropriate approval authority that the lands can support a Class IV sewage system, and that a suitable potable water supply (quantity and quality) has been proven by a qualified person. i) Residential severance in the Rural Area will be encouraged to locate as infill to existing concentrations of development or as logical and immediate extension of such concentrations. [1[1[2] j) Where a severance involves lands that circumstantially function as a part of the public road allowance, the Township shall, as a condition of approval to the severance, require that such lands be identified in one or more separate parts in a survey and transferred to the Township. k) Conditions related to the severance may include the requirement for dedication of road allowance; proof of potable water and of sewage capability; a subdivision agreement; notices on title; rezoning; or other such necessary conditions. In addition conditions relating to a severance may include noise or other such studies are determined to be appropriate.

4.2.2 Development by plan of subdivision shall not be permitted without an official plan amendment demonstrating the need for the level of density and intensity, and the need for new infrastructure associated with the intended development. [1.1.1,a,e,g]

4.2.3 The Lakehead Rural Planning Board is the current consent granting authority.

4.3 Non‐Conforming Uses

4.3.1 Where a legally existinge us of land does not comply with the designation set out in this plan, it is the long term intent that such use will cease to exist at that particular location.

4.3.2 A legal non‐conforming use is protected by the Planning Act, and my be recognized in a zoning by‐law as a legally permitted use so long as it continues to exist, provided that it does not aggravate or cause nuisance or conflict with adjacent land uses that are consistent with the policies of the official plan. Where such a use is recognized in a zoning provision, and suche us is discontinued for a period in excess of one year, recognition as a legal use shall cease to apply.

4.3.3 The lands upon which a legal non‐conforming use is located may be added to without impacting legal status, and may be reduced in size without impact upon legal status where property acquisition occurs due to the action of a public body that requires lands for its purposes.

4.3.4 A legal non‐conforming use may be maintained, repaired, and/or restored to a safe condition without impact to legal status.

4.4 Complete Application

4.4.1 Ontario’s Planning Act requires that planning applications include certain prescribed information and any information specified as required in the official plan in support of the submission being made. Upon receipt of an application a determination will be made as to whether or not the application contains such information as is required and is therefore complete, and; a) Where the application contains the appropriate information and support material and is complete, the applicant will be so advised. b) Where the application does not contain the appropriate information and support and is not complete, the application may be returned to the applicant.

4.5 Parkland Dedication

4.5.1 The Township may by by‐law applicable to the whole of the Township or to a portion thereof, require land to be conveyed for park or other public recreational purposes as a condition of approval of any consent or in any development or redevelopment initiative.

4.5.2 In the case of commercial or industrial development or redevelopment the amount of land to be conveyed shall not exceed two (2) percent of the total land area. In the case of all other development or redevelopment the amount of land shall not exceed five (5) percent of the total land area. Any land acquired shall be used for park or other public recreational purposes , but may be sold at any time.

4.5.3 As an alternative to requiring the conveyance of land, The Township may require cash‐in‐lieu of parkland to be paid, and where the Township receives such payment it shall place and maintain the funds in s specific Parks Reserve Account to be used for parks purposes.

4.5.4 Where lands proposed to be dedicated as parkland are low lying, wetlands, or otherwise contain development constraints, or are too small or irregular in shape to be of use, the Township may not accept such lands as the parkland dedication.

4.6 Zoning By‐law

4.6.1 The Township shall, upon approval of this official plan, ensure that the comprehensive zoning by‐law conforms to and implements the plan.

4.6.2 The Township may, in the zoning by‐law zone lands into a site specific zoning to provide recognition to a particular use of land, and may provide such regulations as considered to be appropriate to such use.

4.6.3 Amendments to the zoning by‐law may be considered for changes that are consistent with this official plan. In the Rural area, amendments to the zoning by‐law consistent with the general policy set out in the Rural Section is the standard means of implementation, since the Rural area is multi‐functional, and a variety of land uses are possible.

4.6.4 Regulations may be set out in the Comprehensive Zoning By‐law, including the following, to establish minimum setbacks for specific facilities, a) Outdoor wood burning stoves shall not be permitted in the settlement area, and a minimum two hectare lot shall be required in the Rural Area. b) Location criteria and/or setbacks for individual power generation features.

4.6.5 Council may appoint a Committee of Adjustment to respond to minor variances, or to interpret general words or phrases in the zoning by‐law.

4.7 Holding Zone

4.7.1 The Council may utilize Holding provisions as set out in the Planning Act, in order to establish zoning provisions prior to completing technical, administrative, or financial aspects of a development. The Township may use a holding symbol (H) in conjunction with any land use designation in the comprehensive zoning by‐law so as to specify the use or uses to which lands may be put at some time in the future, but which are considered premature or inappropriate for immediate development for such use(s). A holding symbol shall not be applied to establish the principle of development for a particular use where issues that are fundamental to the feasibility of the proposed land use have not yet been resolved.

4.7.2 Any lands within the Township may be zoned as into the holding provisions.

4.7.3 The holding symbol may be used to; a) Identify the future intended use of lands b) Provide for the installation of services prior to development occurring c) implement phasing of development d) where site remediation requirements are known and feasible, ensure that site contamination has been addressed e) provide for the implementation of a site plan agreement f) ensure that appropriate archaeological and other necessary studies have been undertaken to the satisfaction of the appropriate review agency.

4.7.4 The use of lands subject to a holding symbol, until it is removed, shall be limited to uses legally existing at the time of passing of the holding by‐law.

4.7.5 A holding symbol may be applied on the basis of one or more of the following; a) Where municipal infrastructure, services, or transportation facilities have been determined to be insufficient to serve the proposed development or uses; b) where development is contingent upon other matters occurring first, such as the consolidation of land or the execution of agreements; c) Where environmental site remediation is required, and site remediation requirements are known and feasible, or; d) Where completion of archaeological or other such studies are required.

4.7.6 The holding symbol may be removed from all or from a part of a property to which a holding by‐ law has been applied once an applicant has satisfied the Township that all of the matters relating to the placement of the holding symbol have been appropriately addressed.

4.8 Temporary Use By‐law

4.8.1 Council may pass a by‐law to permit a temporary use of land, building, and/or structure(s) for a use that may otherwise be prohibited in the comprehensive zoning by‐law, whether such by‐law is in conformity with this official plan or not without an amendment to this official plan.

4.8.2 Such a by‐law may be considered where a) The intended use is to exist only for a short period of time. b) Such use is to be monitored prior to being considered as a permanent zoning. c) Use of an existing building is being accommodated in conjunction with a planned redevelopment for a new use that is consistent with the official plan. d) The use is intended to exist pending the outcome of a study or the extension of infrastructure.

4.8.3 Council may establish a temporary zoning by‐law to allow an applicant to consider a home based business or home industry that is currently not offered in the community, in order to determine if a market exists, prior to establishing in a properly zoned location, or to consider the adverse effects and/or negative impacts of such an activity upon surrounding properties.

4.8.4 Prior to enacting a temporary use by‐law Council shall satisfy themselves that; a) the lands can accommodate the intended use b) Appropriate and safe means of water supply and sewage disposal are available. c) The use will not prejudice future development or redevelopment of the lands.

4.8.5 Such a by‐law shall define the lands to which the by‐law shall apply; set out appropriate regulations which shall apply to the lands and the use of the lands; and establish an expiry date, which shall not be greater than three years from the date of passing of the by‐law.

4.8.6 Council may extend a temporary use by‐law provide that such extension would not jeopardize the long term development of the lands or the surrounding area.

4.8.7 Where a temporary use by‐law has expired, the use of land, building, and/or structure permitted under the temporary use by‐law shall cease to apply and the previously relevant zoning shall prevail and govern eth land and its use.

4.9 Site Plan Control

4.9.1 Site Plan Control agreements may be entered into in order to achieve the following purposes; a) To obtain drawings of buildings and property layout, including elevations, building and lot plot plans, parking and/or loading and related driveways, aisle ways; landscaping; lighting; retaining walls; and signs, and to ensure that such features are properly designed and constructed. In addition, agreements may be required to outline details of property management with respect to snow removal. b) To obtain easements. c) To ensure that matters such as storm drainage, snow removal, lighting and landscaping are addressed tand tha ongoing maintenance is carried out. d) To ensure proper traffic provision and flow e) To identify, protect and secure lands needed for road widening and/or easements f) To identify details of specific on site features. g) To identify specific requirements such as noise remediation works or other such works determined by studies and/or reports to be needed to support a particular development.

4.9.2 Council may utilize site plan control within any area that is zoned for multiple residential, commercial, and highway/tourist commercial or industrial use.

4.9.3 Council may use site plan control at any location and for any use except for a single detached residential use in response to issues and concerns raised in the processing of development applications.

4.9.4 Council may require that a site plan agreement be registered on title.

4.9.5 Where a site plan control designation by‐law is enacted, no building permit shall be issued until such time as appropriate site plan agreement has been entered into and/or related approvals have been given.

4.10 Community Improvements

4.10.1 Council may participate in programs or other activities that have as an objective the improvement of one or more land uses, areas, or other features of or within the Township, and may partner with other levels of government and/or private sector interests in order to carry out and achieve the following;

 Improvement of social, recreational, or other such community services and/or facilities;  Improvement to the physical environment of the community including physical services and/or facilities, streetscape, or the upgrading or rehabilitation of private property;  Promotion of new employment, new investment; and/or new assessment  Implementation of Brownfield initiatives or considerations

4.10.2 Specific objectives in this regard will include; a) Paved surfaces on residential, commercial and institutional streets b) Curb and gutter, storm sewer, and/or street lighting on roads c) Sidewalks on at least one side of the street d) Improvements to existing parks, beaches, playgrounds, rest areas, tourism promotion areas, open space areas, and/or recreation/leisure facilities. e) Upgrading or installing public sewage and/or water service to property owners within the settlement area. f) Recovery and/or re‐utilization of contaminated or abandoned industrial or commercial lands

4.11 Property Standards By‐law

4.11.1 Council currently has a property standards by‐law, and has established a property standards committee as provided for in the Building Code Act.

4.11.2 All properties within the area that is set out in the property standards by‐law shall conform to the standards and provisions that are set out in the by‐law.

4.11.3 Such a by‐law may apply to lands, buildings, and/or structures.

4.11.4 Such a by‐law shall be enforced by such staff and/or such persons as Council may from time to time designate.

4.11.5 Council may, within such a by‐law enact regulations intended to address a) Structural integrity and/or standards for occupancy b) The maintenance of yards and/or open spaces, and in particular to ensure that such lands are well kept, safe, free of debris and/or unsightly materials, equipment, and that the overall yard is in keeping with the surrounding property character c) The cutting and/or storage of fire wood d) Notice requirements, enforcement, and/or administration, including the removal of buildings.

4.12 General Implementation

4.12.1 Council of the Township shall be responsible for interpretation of this official plan and including the related schedules and maps that form a part of the official plan.

4.12.2 It is intended that this document will be read with the understanding that the text and schedules represent concepts and relationships rather than absolute and rigid conditions, delineations or situations. Accordingly; a) Land use designations shall represent predominant land uses and intended future lands uses, and shall not preclude the existence of small pockets or isolated occurrences of other land uses. b) Numbers shall not be considered to be absolute unless specifically indicated to be so. c) Statements of program, objectives or services shall not be construed as being a commitment by the Township to act, construct, or otherwise provide such within any specific time frame.