Land Division Committee

MINUTES LAND DIVISION COMMITTEE

The Land Division Committee met in regular session on September 11 at 9:00 a.m. at the Lanark County Administration Building, 99 Christie Lake Road, Perth, Ontario. Members Present: R. Strachan, D. Murphy and W. Guthrie

Staff Present: J. Stewart, Secretary-Treasurer

LAND DIVISION COMMITTEE Chair: R. Strachan

1. CALL TO ORDER

The meeting was called to order at 09:00 a.m. A quorum was present.

2. DISCLOSURE OF PECUNIARY INTEREST

None.

3. APPROVAL OF MINUTES

MOTION #LD-2018-13

Suggested Motion: "THAT, the minutes of the Land Division Committee meeting held on August 14, 2018 be approved as circulated."

ADOPTED

4. ADDITIONS AND APPROVAL OF AGENDA

MOTION #LD-2018-14

Suggested Motion: "THAT, the agenda be adopted as presented."

Land Division - 11 Sep 2018 Minutes Page 1 of 156

ADOPTED

5. DELEGATIONS & PRESENTATIONS

6. NEW APPLICATIONS

The Land Division Committee reviewed the reports for the following new applications to be considered at the (time) public hearing.

6.1 B17/033, Catherine B. Spooner New Lot Pt. Lot 5, Conc. 7, geographic Twp. of Darling in Lanark Highlands Darling Rd.

6.2 B18/020, Jim and Anne Murphy New Lot Pt. Lot 20, 21, and 22, Conc. 5 geographic Twp. of North Burgess in Tay Valley Township Merkley Rd.

6.3 B18/022, B18/023, and B18/024, Evelyn Sinclair New Lots Pt. Lot 26 & 27, Conc. 10, geographic Twp. of Bathurst in Tay Valley Township McKay Line Rd.

6.4 B18/025, Lynn Marie Bourgeault New Lot/Easement Pt. Lot 7, Conc. 8, geographic Twp. of Darling in Lanark Highlands Darling Rd.

6.5 B18/027 - Leo and Elaine Scissons New Lot Pt. Lot 2, Conc. 10, geographic Twp.of Lanark in Lanark Highlands Ferguson Falls Rd.

Land Division - 11 Sep 2018 Minutes Page 2 of 156 6.6 B18/028, B18/029, and B18/030, Peter R. Timmins - New Lots SW 1/2 Lot 16 Conc. 6, geographic Twp. of Drummond in Drummond/North Elmsley - Drummond Conc. 7

6.7 B18/034 and B18/035, Nancy Button and William Huiskamp New Lot with Easement Pt. Lot 7, Conc. 8, geographic Twp. of Bathurst in Tay Valley Township McVeigh Rd.

6.8 B18/036, B18/037, and B18/038, Shane Willows & Kevin Willows New Lots Pt. Lot 2, Conc. 9, geographic Twp. of Drummond in Drummond/North Elmsley Drummond Concession 9A

6.9 B18/041 - Velma R. Larmon New Lot W. Pt. Lot 22 and E. Pt. Lot 23, Conc. 4 geographic Twp. of Bathurst in Tay Valley Township Clarchris Rd.

6.10 LUNCH BREAK - One Hour

6.11 B18/045, B18/046, B18/047, Martin and Christa Heitmann New Lots Pt. Lot 19, Conc. 10 geographic Twp. of Drummond in Drummond/North Elmsley Drummond Conc. 10B

6.12 B18/048, Torsten Karl-Heinz Christian DeKart Easement NE 1/2 Lot 18, Conc. 10 geographic Twp. of Drummond in Drummond/North Elmsley Drummond Conc. 10B

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6.13 B18/050, Sandra Parks New Lot Pt. Lot 13 & 14, Conc. 7, geographic Twp. of South Sherbrooke in Tay Valley Township Bolingbrooke Rd.

6.14 B18/059 and B18/060, Martin Whyte New Lots Pt. Lot 10, Conc. 10, geographic Twp. of Drummond in Drummond/North Elmsley Ferguson Falls Rd.

6.15 B18/071, 1760711 Ont. Inc. New Lot Section B 121 on Town Plan 276 in the Town of Carleton Place William St.

6.16 B18/076, Cecilia Ignatieff Lot Addition Pt. Lot 24, Conc. 2, geographic Twp. of Dalhousie in Lanark Highlands 2nd Concession Dalhousie

7. DEFERRED APPLICATIONS

7.1 B18/018, 9501851 Canada Inc. c/o Michel Auclair New Lot Pt. Lot 4-6, Conc. 7, geographic Twp. of North Elmsley in Drummond/North Elmsley Porter Road

8. CONFIDENTIAL REPORTS

9. COMMUNICATIONS/OTHER BUSINESS

10. PROVISIONAL CONSENT GRANTED

10.1 B17/033 - Catherine B. Spooner 7 - 18

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10.2 B18/018 - 9501851 Canada Inc. c/o Michel Auclair 19 - 28

10.3 B18/020 - Jim and Anne Murphy 29 - 39

10.4 B18/022, B18/023, B18/024 - Evelyn Sinclair 40 - 50

10.5 B18/025 - Lynn Marie Bourgeault 51 - 60

10.6 B18/027 - Leo and Elaine Scissons 61 - 72

10.7 B18/028, B18/029, and B18/030 - Peter R. Timmins 73 - 87

10.8 B18/034 and B18/035 - Nancy Button and William 88 - 102 Huiskamp

10.9 B18/036, B18/037 and B18/038 - Shane Willows and 103 - 113 Kevin Willows

10.10 B18/041 - Velma R. Larmon 114 - 120

10.11 B18/050 - Sandra Parks 121 - 131

10.12 B18/059 and B18/060 - Martin Whyte 132 - 144

10.13 B18/071 - 1760711 Ont. Inc. 145 - 149

10.14 B18-076, Ignatieff 150 - 156

11. PROVISIONAL CONSENT DEFERRED

11.1 B18/045, B18/046, B18/047 - Christa and Martin Heitmann

11.2 B18/048 - Torsten Karl-Heinz Christian Dekart

12. PROVISIONAL CONSENT DENIED

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13. UPCOMING MEETINGS AND NOTICES

October 9, 2018 - LDC Meeting

November 20, 2018 - LDC Meeting

December 11, 2018 - LDC Meeting

14. ADJOURNMENT

MOTION #LD-2018-15

Suggested Motion: "THAT, the meeting do now adjourn."

ADOPTED

Julie Stewart Secretary-Treasurer

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Catherine Blanche Spooner Hearing Date: September 11, 2018

Agent: Jeremy Wrench LDC File #: B17/033

Municipality: Lanark Highlands Lot: 5 Conc.: 7

Geographic Township: Darling Consent Type: New Lot

Roll Number: 0940-944-015-15100

Purpose and Effect: To sever a 2.022 ha vacant lot and retain a 38.16 ha residential farm lot with an existing log house and 2 cabins.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Residential Proposed Use Residential Residential Area 2.02 ha 38.16 ha Frontage 61 m 541 m Depth 331.5 m 667.5 m Road - Access to Darling Road Darling Road Water Supply Proposed well Existing well Sewage Disposal Proposed septic Existing septic Zoning By-law Category RU RU -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural Communities Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public

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2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 2.0 Vision, Section 3.3 Rural Communities, Section 4.1 Mineral Aggregates, Section 5.3.2 Wetlands, Section 5.3.6 Deer Yards, Section 5.3.7 Groundwater Protection, Section 7.4.2 County Roads, Section 7.4.3 Local Roads, Section 8.4.2 Consents. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law – Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations.

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(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report An application for consent B17/033 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 5, Concession 7, geographic Township of Darling. The purpose of the application is to sever a 5ac. (2.02ha.) vacant parcel of land and to retain a 94ac (38.16ha.) landholding with an existing dwelling and two cabins, municipally known as 2257 Darling Road. The severed and retained lands will both be accessed by Darling Road.

PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the "consistent with" test. The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: 1.1.5.2 - On rural lands located in municipalities, permitted uses are: c) limited residential development. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.

Staff recognize that the addition of one rural-residential building lot would be considered 'limited residential development' and that the development would be compatible with the rural character of the surrounding area as there are other rural- residential properties located along the Darling Road. The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development. Based on the above analysis, Staff is of the opinion that the proposal is consistent with the policies of the PPS.

OFFICIAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township. The property is designated as Rural Communities on Schedule 'A' of the Township's Official Plan. 3.3. 1.3 In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such as strip. Or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

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5.3.6.2 Lot creation by means of severance is permitted for one additional lot within a deer yard providing that the minimum lot frontage is 90 metres (295 feet) and the minimum area is 1.5 hectares (3. 7 acres) for both the severed and the retained lands. Lesser lot sizes may be considered if through means of an Environmental Impact Statement undertaken by a qualified professional it can be demonstrated that no adverse impact will occur to the habitat or herd.

5.3.6.3 The creation of multiple lots (more than 1 severance) will require an Environmental Impact Statement to demonstrate no adverse impacts.

The application for consent proposes to sever one lot that falls within the area of deer yard. The proposed minimum lot size meets the required area of a deer yard. The Mississippi Valley Conservation Authority anticipates that development impacts on the deer yard can be mitigated if the removal of trees and other terrestrial vegetation is kept to a minimum required to develop the severed lands. The retained lands are already developed with no new development proposed at this time. Additional lots proposed in future will be subject to an EIS to demonstrate no adverse impacts.

Schedule B of the Official Plan identifies a layer of Organic Soil on the Northern portion of the subject land. The proposed severance is not impacted by the Organic Soil as it is located to the South East portion of the subject land.

The Mississippi Valley conservation Authority identified an unnamed tributary of the Indian River, and two branches of this tributary, flow through a large unclassified wetland located in the northern half of the rear lot line of the proposed severed lands. In addition, although it has not been mapped, lowland was observed in the southeast corner of the retained lands. Upon conducting a site visit with the landowner, it was determined that the severed lands were located on higher ground adjacent to this lowland. Organic Soils have been mapped on a significant portion of the subject property including the severed lands. A sufficient area appears to exist on the severed lands for development beyond 30m of the watercourse and therefore no impacts on the watercourse are anticipated as a result of the subject application.

ZONING 4.22 Natural Heritage Features 3. Deer Yard No use of land, buildings or structures shall be permitted within the Deer Yard constraint Area except where acceptable mitigating measures or conservation practices are implemented as approved by the public body having jurisdiction. These provisions shall not apply to a pit or quarry where otherwise governed by a license pursuant to the Aggregate Resources Act.

4.19 Land Suitability for Use and Organic Soils Despite any other provision of this By-law, no habitable building or structure (i.e. sewage disposal system) shall be constructed, erected, altered or used on land

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which, by reason of its rocky, low lying, marshy, unstable character or which is located or may be located on organic soil unless the proponent or applicant for development can demonstrate through professionally acceptable engineering techniques that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Environmental Protection Act with respect to the installation of an individual on-site sewage and water system can be met.

The subject property is zoned as Rural (RU) in the Township's zoning by-law. The proposed consent has been reviewed by the Mississippi Valley Conservation Authority in which they have provided for mitigative measures for the development of the property which when implemented will allow the lot to be developed without any adverse impact to occur on the habitat or herd, or unnamed watercourse.

A layer of Organic Soils is present on the Northern section of the subject land. The lands to be severed are situated to the South. As previously stated above, the Mississippi Valley Conservation Authority identified an unnamed watercourse to the rear of the proposed severed lands, though a developable area exists beyond 30m of the watercourse and therefore no impacts to the watercourse are anticipated.

The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone.

DISCUSSION The application for consent proposes to sever a vacant landholding, and retain lands that are currently developed with a dwelling and two cabins. No new development for the retained or severed lands is proposed at this time. Overall, this application, as submitted; is consistent with the PPS, complies with the policies of the Township's Official Plan and Zoning By-law.

Township of Lanark Highlands Recommended Conditions 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 7. That sufficient lands be deeded to the Township of Lanark Highlands along

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the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended development mitigation measures outlined in the comments from the Mississippi Valley Conservation Authority with respect to the application for consent dated July 5, 2017

These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL It is our understanding that the purpose of the subject application is to sever one vacant lot measuring 2.02 ha and retain a developed lot measuring 38.1 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, the subject property is entirely located within an area which has been classified by the Ministry of Natural Resources and Forestry (MNRF) as a significant deer wintering area. In addition, an unnamed tributary of the Indian River, and two branches of this tributary, flow through a large unclassified wetland located in the northern half of the retained lands. According to our estimates using GIS mapping, one of the tributaries flows adjacent to the rear lot line of the proposed severed lands. In addition, although it has not been mapped, lowland was observed in the southeast corner of the retained lands. Following a site visit with the landowner, it was determined that the severed lands were located on higher ground adjacent to this lowland. Organic soils have been mapped on a significant portion of the subject property including the severed lands.

Natural Heritage Deer Yard Guidelines (Natural Heritage Reference Manual, 2010) prepared in support of the Provincial Policy Statement (PPS) indicate that new development, including lot creation, shall only be permitted within significant wildlife habitat if it has been

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demonstrated that there will be no negative impacts on the natural features or ecological functions of the feature identified. (in order to address the aforementioned guidelines, an Environmental Impact Statement (ElS) is often required. However, an EIS was not requested in this case given that Section 5.3.6.2 of the municipalities Zoning By-Law indicates the following: Lot creation by means of severance is permitted for one additional lot within a deer yard providing that the minimum lot frontage is 90 metres (295 feet) and the minimum area is 1.5 hectares (3.7acres) for both the severed and the retained lands.

MVCA anticipates that development impacts on the deer yard can be mitigated if the removal of trees and other terrestrial vegetation is kept to the minimum required to develop the severed lands. A maximum disturbance of 10% is recommended. The retained land is already developed with no new development proposed at this time.

Watercourse In accordance with the municipalities' planning documents, as well as guidelines prepared in support of the PPS, a minimum 30 m development setback is recommended from any waterbody and watercourse. Watercourses have been identified on the retained lands and within 30 m of the severed lands. The retained land is already developed with no new development proposed at this time. And sufficient area appears to exist on the severed lands for development beyond 30 m of the watercourses. Therefore, no impacts to the watercourses are anticipated as a result of the subject application.

Wetland As previously mentioned, a large unclassified wetland has been identified on the retained lands. Given that these lands have already been developed, with no new development proposed at this time, we do not anticipate any impacts to the wetland as a result of the subject application.

Natural Hazards Organic Soils The subject property has been mapped as having organic soils on the severed and retained lands. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, if they are encountered during construction on the severed lands, acceptable engineering practices should be implement to mitigate this hazard. The retained lands are already developed with no new development proposed at this time.

RECOMMENDATIONS AND CONCLUSIONS MVCA does not have any objection to the subject application provided the following mitigative measures are implemented for future development on the retained lands. 1. Future development, including a septic system shall be setback a minimum of 30 m from the unnamed watercourse.

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2. Removal of terrestrial vegetation and deer wintering habitat should be kept to the minimum required to develop the site, to a maximum of 10%. 3. Natural drainage patterns on the site shall not be substantially altered such that additional run-off is directed into the unnamed watercourses, or onto adjacent properties. 4. Future development shall be directed away from areas consisting of organic soils, or acceptable engineering practices should be implement to mitigate this hazard.

NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources should you require a review in this regard. The property owner should be advised that, pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", a permit is required from MVCA prior to the initiation of any proposed alterations to the shoreline of the unnamed watercourses. The unclassified wetland on the retained lands should remain undisturbed. In addition, we advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the unnamed watercourses, and unclassified wetland, in order to assess potential impacts to fish habitat Authorization from DFO may be required for such work.

Septic Office – Leeds, Grenville & Lanark District Health Unit Please be advised that an inspection of the above-mentioned severance proposal was conducted May 26, 2017 by Ben MacNeil. At the time of inspection both the severed and retained parcels were viewed. Additional sandy loam fill will be required in the area of leaching bed for the future development of severed parcel.

Please also note that Catherine Spooner has complied with the Order to Comply regarding the retained parcel sewage system. The Order was rescinded on June 21, 2018.

Our office has no objections to the severance approval.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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Road Access The lands are accessed via Darling Road, a municipally maintained road.

Natural Heritage See MVCA comments. Agricultural Operations No agricultural operations currently housing livestock noted within 500 m of the subject property. Aggregate Operations There is a licenced aggregate pit located on Darling Road and Wardens Road, north of the site. The County of Lanark is the owner of the pit. The Lanark County Public Works Facilities Coordinator was consulted and advised that the County Public Works Department has no concerns if the planning requirements are met. The Bowden Pit is a Class B pit located south of the site on Darling Road and is privately owned. The pit is more than 700 m from the proposed lot. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Flooded Jellyskin SC

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hydrogeological and terrain analysis. A number of ‘general’ policies also apply to the division of lands, including: size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on public road unless exempted, no development on lands subject to hazards, flooding, etc., extension of major services not required. 3. Woodlands - The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (e) MINUTES – September 11, 2018 Jeremy Wrench in attendance. The lot is for recreational purposes, Mr. Wrench advised that he does not intend to build a house on the lot. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of taxes, road widening , survey, etc. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

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B17/033 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application. 6. The applicant shall provide the Township with a copy of the deed/transfer for the property. 7. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 8. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 9. The applicant shall obtain an entrance permit from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 10. Sufficient land for Road Widening purposes shall be deeded to the Township of Lanark Highlands by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required. 11. The applicant shall, at their sole expense enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and the Conservation Authority and shall address the recommended development mitigation measures outlined in the comments from the Mississippi Valley Conservation Authority with respect to the application for consent dated July 5, 2017.

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12. A letter shall be received from the Township of Lanark Highlands stating that condition #3 through #11 has been fulfilled to their satisfaction. 13. A letter shall be received from the Mississippi Valley Conservation Authority stating that condition # 11 has been fulfilled to their satisfaction. NOTES 1. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement. 2. The Mississippi Valley Conservation Authority advises that, pursuant to Ontario Regulation 153/06 – “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”, a permit is required from MVCA prior to the initiation of any proposed alterations to the shoreline of the unnamed watercourse.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: 9501851 Canada Inc. Hearing Date: August 14, 2018

Applicant/Agent: Michel Auclair/Francys LDC File #: B18/018 Auclair

Municipality: Drummond/North Elmsley Lot: 4 to 6 Conc.: 7

Geographic Township: North Elmsley Consent Type: New Lot

Roll Number: 0919-918-010-37200

Purpose and Effect: To sever a 6-ha parcel of land containing an existing house, barn, shop and shed and to retain a 72-ha piece of land with an existing log barn.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained

Existing Use House, barn, shop Log Barn Proposed Use Same Same Area 6 ha 72 ha Frontage 45.72 m 354 m Depth 400 m Irregular Road - Access to Porter Road Porter Road Water Supply Private Well Private Well Sewage Disposal Private Septic Private Septic Zoning By-law Category RU RU -Area (minimum) .4 ha .4 ha -Compliance? Yes Yes -Frontage (minimum) 45 m 45 m -Compliance? Yes Yes Official Plan Designation: Rural and Wetland Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns.

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Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 3 General Provisions, Section 4.3 Rural Policy Area, Section 5.3 Local Roads, Section 6.3 Division of Land. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4 General Provisions, Section 7 Rural Zone The Township of Drummond / North Elmsley advises that the proposal complies with the zoning by-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report

Application Thank you for circulating the Township of Drummond/North Elmsley on this application. Township staff has reviewed the application with respect to its conformity with the Provincial Policy Statement, the Township’s Official Plan and Zoning By-law.

Policy Review All new lot creation must comply with the Township’s and County’s Official Plan, be consistent with the 2014 Provincial Policy Statement and in keeping with the intent of the Zoning By-law. In regards to the Provincial Policy Statement, it is noted that

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the lands in question are not identified as a Prime Agricultural Area. It is also noted that there are Provincially Significant Wetlands along the western edge of the lot and that a tributary traverses the property.

Official Plan The subject land is a complying lot of record and is designated Rural and Wetland in the Township’s Official Plan. The Wetland designation is associated with Provincially Significant Wetlands. One severance is proposed.

All proposed lots will have frontage and access along Porter Road. Staff note that the Porter Road allowance projects west across the lot, ending at an existing entrance to the severed lot, after which point it appears unopened. No other severances related to the lot of record are listed or evident along the Porter Road frontage.

The Township’s mapping shows the existing lot to be designated Wetland along its western edge, with an associated designation of Lands Associated with Wetland. There are areas of Significant Woodland to the south and southeast. A municipal drain is also indicated. From the information provided, all of these features will remain with the retained lot. An Environmental Impact Study was not triggered by this application, although staff note that one could be triggered in relation to any new proposed development or alterations on the retained lot.

Staff also note comments from the Rideau Valley Conservation Authority, dated April 24, 2018, in relation to this application and note the suggested setback from watercourses and unevaluated wetland.

Notwithstanding the above, staff are satisfied that the proposal is in keeping with the provisions of the Township’s Official Plan, subject to the conditions below.

Zoning By-law The subject lands are zoned Rural and Wetland under the Township’s Zoning By- law. Development is not permitted in the Wetland zone, which mirrors the Wetland designation along the western edge of the retained lot. The balance of the existing lot is zoned Rural.

A single lot, containing an existing dwelling and accessory buildings, sized 6 hectares is proposed to be created through the application. The retained lot is approximately 72 hectares in size and contains an existing barn. The existing and proposed uses both proposed lots are the same as present.

Consequently Township staff are satisfied that the provisions of the Rural zone are met by the application and note the restrictions related to the Wetland zone in regards to any future proposed development on the retained lot.

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Township of Drummond / North Elmlsey Recommended Conditions: Township staff have no objection to the application(s) subject to the following conditions:

With respect to the retained lot:

1) The applicant shall consult with the Township and the Rideau Valley Conservation Authority with respect to the exact location and any appropriate development setback(s) from the unevaluated wetlands noted in the latter’s correspondence dated April 24, 2018.

2) The applicant shall confirm that a viable field access point exists for the retained lands.

3) The Applicant shall obtain a Civic Address Number from the Township of Drummond/North Elmsley for the retained lands. The applicant shall consult directly with the Township in this regard.

General:

4) The balance of any outstanding taxes and fees owing shall be paid to the Township.

5) The applicant shall provide the Township with a registered copy (in digital and paper format) of all reference plans associated with this application if a survey is required by the Registry Office.

6) If required, sufficient land for road widening purposes shall be conveyed to the Township of Drummond/North Elmsley by registered deed, to meet the road widening requirements of the Township. Deeds are to be submitted to the Municipality for review accompanied by a solicitor’s certificate indicating that the Municipality’s title is free and clear of all encumbrances and the Municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required

Conservation Authority – RVCA The Rideau Valley Conservation Authority has undertaken our review of this application within the context of: - Section 2.1 Natural Heritage and - Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act, and;

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- per the Rideau Valley Conservation Authority's Ontario Regulation 174-06 under Section 28 of the Conservation Authorities Act. We offer the following comments for the Committee's consideration:

Proposal The application seeks approval for the creation of a 6 hectare lot with the existing house, barn and out buildings, retaining 72 hectares with log barn, both parcels fronting on Porter Road.

The Property The property is primarily cropped land with some rougher, low lying scrub land associated with Black Creek/Ford Drain on lots 4 and 5 and Black Creek/Port Elmsley #2 Provincially Significant Wetland on lots 5 and 6. The severed parcel is located outside the 120 metre adjacent lands to the wetland and not subject to our regulation.

There is also a minor tributary traversing the retained parcel to the rear of the/south of the farm buildings and flowing into the Ford Drain.

There are no flood hazard areas identified (regulated floodplain and/or slope or erosion prone areas) on the lands to be severed.

Comments/Recommendations The RVCA does not object to the proposed severance provided a condition shall furnish notice that any future site alteration or any alteration to channel of Ford Drain, Black Creek or tributaries thereof will require prior written approval of the RVCA per Ontario Regulation 174/06 Development, Interference with Wetlands, Alterations to Shorelines and Watercourses Regulation made pursuant to the Conservation Authorities Act.

We also note that any works or grade alterations proposed within the Port Elmsley Wetland adjacent lands (retained lands) will require an Environmental Impact Statement and are subject to our prior written approval. No development or site alterations are permitted within the wetland.

We also note that the RVCA supports supports a 30 metre disturbance setback from the unevaluated wetland and/or watercourses.

Septic Office – Leeds, Grenville & Lanark District Health Unit

General Description Severed – a 15 acre parcel of farm land. There is an existing brick farm house that has a questionable existing septic syste,. Therefore the owner has obtained a sewage permit to replace sewage system with new septic tank and tile bed.

Recommendations Severed additional sandy loam fill will be required in the area of the tile bed.

General Description Retained – a 183 acre parcelof farm land with an existing

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log barn located near Porter Road. Land is primarily hay field.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT One written submissions was received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. The adjacent land owner, Jason Takerer was inquiring as to the purpose of the consent application. (d) PLANNING REVIEW Background and Summary The applicant proposes to sever the existing farm house barn and shed as a 6 ha parcel of land. The retained lands will contain an area of 72 ha, no development is proposed at this time. The retained lands contain a wetland and a municipal drain. Road Access The lands are accessed via Porter Road. Natural Heritage The Port Elmsley Provincially Significant Wetland and a minor tributary to the wetland are on the retained lands. The tributary flows into Ford Drain. See RVCA comments. The severed lands are outside of the 120 m adjacent lands, therefore and EIS is not required for the lands to be severed. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Soils Inventory – Name: North Gower - Stoniness: slightly stony - CLI: 2 –Moderate limitations on use for crops - Drainage: imperfect and poor - Hydrogeology: mix of high and low runoff Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Natural Area – Port Elmsley #2 Wetland – species are not listed on the NHIC website

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Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official PlanLocal Official Plan Local Official Plan Drummond / North Elmsley Official Plan Polices for the Division of Land are found in Section 6.3 of the OP. Generally, the consent process will be used for the purpose of creating a limited number of lots. Where more than three (3) lots are proposed, development shall occur by plan of subdivision. A number of “general policies’ also apply to the division of land, including: hamlets are primary focus for development, no undue extension of major service required, supporting studies as required, must have existing public road frontage, size and setbacks appropriate to zoning designation, MDS separation, no development on lands subject to hazards, flooding etc. The lot creation date for Drummond / North Elmsley is January 1, 1979. 3. Woodlands The area has some areas mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – August 14, 2018 The Committee deferred the application pending further information in regards to the proposed use of the retained lands, the rationale for the shape of the lot and questions related to the road.

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MINUTES – September 11, 2018 Francys Auclair, agent, attended the hearing and gave evidence under oath. The Chair asked the agent to provide the rationale for the shape of the lot. The agent advised that he is the son of the owner whom is purchasing the existing house from his father and keeping the lot as small as possible. There is no proposed use for the retained lands. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of taxes, survey, road widening. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. (f) DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. B18/018 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicant shall provide the Township of Drummond / North Elmsley with a deposited copy (in digital and paper format) of all reference plans associated with this application. 5. If required, sufficient land for Road Widening purposes shall be deeded to the Township of Drummond / North Elmsley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required.

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6. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 3 through #5 have been fulfilled to their satisfaction. NOTES 1. The Rideau Valley Conservation Authority advises that any future site alteration or any alteration to the channel of Ford Drain, Black Creek or tributaries thereof, will require prior written approval of the RVCA as per Ontario Regulation 174/06 Development, Interference with Wetlands, Alterations to Shorelines and Watercourses Regulations made pursuant to the Conservation Authorities Act. 2. The Rideau Valley Conservation Authority also advises that any work or grade alterations proposed within the Port Elmsley Wetland, adjacent lands (retained lands) will require and Environmental Impact Statement and are subject to prior written approval. No development or site alterations are permitted within the wetland. 3. The Rideau Valley Conservation Authority also notes that they support a 30 meter disturbance setback from the unevaluated wetland and/or watercourse on the retained lands. 4. The Township of Drummond / North Elmsley advises that the applicant shall obtain a Civic Address Number from the Township of Drummond / North Elmsley for the retained lands. The applicant shall consult directly with the Township in this regards. 5. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or

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agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Jim and Anne Murphy Hearing Date: September 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/020

Municipality: Tay Valley Township Lot: 20, 21, 22 Conc.: 5

Geographic Township: North Burgess Consent Type: New Lot

Roll Number: 0911-911-020-31500

Purpose and Effect: To sever a 5.88-ha parcel of land with a residential dwelling and outbuildings and to retain a 48.1-ha vacant residential lot.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Residential Vacant Proposed Use Residential Residential Area 5.88 ha 48.1 ha Frontage 65.8 m 64.8 m Depth 460 m 861 m Road - Access to Merkley Road Merkley Road Water Supply Private well Private well Sewage Disposal Private septic Private septic Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1ha -Compliance? Yes Yes -Frontage (minimum) 60 m -Compliance? Yes Official Plan Designation: Mineral Resource and Abandoned Mine Hazard and Provincially Significant Wetland Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding

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development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. 2.2 Water Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections (a) through (h). Section 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.5 Mineral Aggregate Resources Section 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. Section 2.5.2.4 Mineral aggregate operations shall be protect 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. Section 2.5.2.5 In known deposits or mineral aggregate resources or on adjacent lands, development and activities which would preclude or under 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

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c) issues of public health, public safety and environmental impact are addressed. 3.1 Natural Hazards Section 3.1.1 Development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards, and c) hazardous sites. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Mineral Resource and Abandoned Mine Hazard and Provincially Significant Wetland Local Official Plan– Section 2 General Development Policies, section 2.17 Public Road Access, Section 3.6 Rural, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 5.2 Seasonal Residential Zone, Section 10 Rural Zone. Tay Valley Township advises that the proposal conforms to the Zoning By-law.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report BACKGROUND The proposal in B18/013 is to sever one 5.88-ha parcel of land with a residential dwelling and outbuildings and to retain a 48.1-ha vacant residential lot. The proposed severance has approximately 65.8 m of frontage along Merkley Road. The retained Parcel would have approximately 64.8 m of frontage along Merkley Road. There is no proposal for development of the retained at this time.

DISCUSSION Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law Yes Recommend consent for this application Yes

Recommended Conditions for each severance: • Payment of all taxes owing • Payment of all costs incurred by the Township for review • Two copies of the Deed / Transfer • Two copies of the reference plan • Payment of Cash-in-Lieu of Parklands • Road widening if required

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PROVINCIAL POLICY STATEMENT No concerns. There is a sufficient area of land beyond the Provincially Significant Wetland for development. COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed severed lot is designated Mineral Resource and Abandoned Mine Hazard in the Official Plan. The proposed retained lot is designated Mineral Resource and Abandoned Mine Hazard as well as Provincially Significant Wetland. If there was a development proposal in the future it would be required to be at least 30 m setback from the waterbodies and would require a Site Plan Control Agreement.

ZONING BY-LAW The zoning is Rural (RU). A minimum lot area of 1 ha and 60 m of road frontage is required for each new lot. The severed lot meets the minimum lots area and lot frontage requirements. The retained lot meets the minimum lot area requirements and required a re-zoning to recognize the undersize frontage. The proposed use for the severed and retained lots of rural residential also meets the use requirements of the zone.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) The RVCA does not yet regulate the designated provincially Significant wetland areas of either of the wetlands identified on the retained lot. However, considering the development on the severed parcel, the distance to these wetlands and the historical position of the municipal road as drainage barrier the RVCA is satisfied that the severance will not have an impact on the wetland.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO is satisfied that the proposal provide sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an aBC compliant sewage system greater than 30m from a surface water body, on either lot. The MRSSO has no objections to the severance as proposed.

Tay Valley Township

“THAT, the Council of Tay Valley Township recommend to the Land Division Committee of Lanark County that the Severance Application for JAMES FRANCIS MURPHY and GLORIA ANNE MURPHY, #B18/020 (Part Lot 20 and 21, Concession 5, geographic Township of North Burgess) be approved subject to the following conditions: 1. That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township.

2. That, the applicant pay any outstanding fees to the Township prior to final approval.

3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township.

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4. That, payment of $200.00 for each new parcel shall be made to the Township representing Cash-in-Lieu of Parklands.

5. That, the applicant shall obtain a Civic Address Number for the undeveloped severed and retained lands.

6. That the applicant shall submit full entrance applications to the Township and install the entrances as required in the permit.

7. That, sufficient lands shall be dedicated to the Township along the frontage of the lots to be severed to meet the Township’s road widening requirements at no cost to the Township, if required.”

Ministry of Northern Development and Mines Thank you for the opportunity for the Ministry of Northern Development and Mines (MNDM) to provide input on an application for consent to convey an interest in the subject lands in the geographic Township of North Burgess. The following technical information is related to MNDM's planning interests including the protection of long-term mineral resource supply (Section 2.4 PPS) and the protection of human health and safety (Section 3.2 PPS).

Technical Information: The Ministry of Northern Development and Mines (MNDM) checked this property for mining land tenure, geology, mineral deposits/resources and abandoned mine sites. There are Crown mining rights on the north part of Concession 5, Lot 21, however there are no active mining claims on this portion of the property. There is a known Mineral Deposit Inventory (MOl) site in the north part of Lot 21. McNally Mica (MDI31C16SW00025) is a past-producing mica mine without reserves. In 1900, the mine produced 36 tons of mica valued at $5,500.

Conservation Authority - Rideau Valley The Rideau Valley Conservation Authority has reviewed the noted application and we offer the following comments considering:

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Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act. Rideau Valley Conservation Authority's Ontario Regulation 174-06 per Section 28 of the Conservation Authorities Act.

The Proposal The application seeks approval to sever the 5.88 hectare residential lot (existing developed portion of the property) and retain 49 hectares of vacant land.

The Property/Site Conditions A very minor portion of the proposed lot along Merkley Road is situated within the 120 metres adjacent lands to the Big Rideau North Shore Wetland Complex. The retained lot is situated such that Black Creek traverses the parcel, and Black Creek Wetland Complex to the north and Big Rideau North Wetland Complex to the northwest both provincially significant wetlands- occupy portions of the retained parcel.

Comments/Recommendations The Rideau Valley Conservation Authority has no objection to the proposed consent. We note that at this time, RVCA does not yet regulate the designated provincially significant wetland areas of either of the wetlands identified, Given the existing development on the severed parcel and considering the distance to this wetland and the historical position of the municipal road as a drainage barrier, we are satisfied that the severance will not have impact on this wetland area.

Regarding the watercourse on retained lands, we request that Committee's decision gives notice that any proposed alteration to Black Creek requires prior written approval from RVCA under Ontario Regulation 174-06.

For the owners information, the Rideau Lakes Subwatershed Report is available on the RVCA website (www.rvca.ca). The report contains local environmental conditions which may be of interest to the owners.

Septic Office A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). The applicant proposes to sever approximately 5.88 hectare to create a new lot.

The parcel is developed with a dwelling and several outbuildings. An existing sewage system permit (SF5084) is on record for the dwelling. The proposed parcel is well treed with small areas of open filed and exposed rock. No test pits were provided.

The retained parcel is approximately 48.1 hectares. It is vacant with several Provincially Significant Wetlands. The land is mostly vegetated with trees and

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wetland tolerant vegetation, with a small area towards the proposed south east boundary that is open field.

Black creek crosses the parcel towards the north west boundary. No test pits were provided. The severance as proposed provides sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an OBC compliant sewage system greater than 30m from a surface water body, on either lot.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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Bedrock Inventory – tectonites Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Gray Ratsnake THR Blanding’s Turtle THR

Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official Plan - Tay Valley Official Plan Policies for the Division of Land are found in Section 5.2 of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of land, including: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991 3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies have been established by Tay Valley Township. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By- law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated

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regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Tay Valley Township and could be given favourable consideration. (e) MINUTES Chris Clarke, agent, attended the hearing and gave evidence under oath. Mr. Strachan asked Chris if he has spoken to the Township in regards to an entrance. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, road widening, abandoned mines. The comments were addressed through conditions to approve changes to the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

B18/020 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document 6. The applicant shall provide the Township with a copy of the deed/transfer for the property.

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7. Payment shall be made to Tay Valley Township representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 8. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 9. The applicant shall submit a full and complete entrance permit application to the Township and install the entrance as required in the permit. 10. Sufficient land for Road Widening purposes shall be deeded to Tay Valley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required. 11. A letter shall be received from Tay Valley Township stating that condition #3 through #10 has been fulfilled to their satisfaction NOTES 1. The Ministry of Northern Development and Mines (MNDM) checked this property for mining land tenure, geology, mineral deposits/resources and abandoned mine sites. There are Crown mining rights on the north part of Concession 5, Lot 21, however there are no active mining claims on this portion of the property. There is a known Mineral Deposit Inventory (MOl) site in the north part of Lot 21. McNally Mica (MDI31C16SW00025) is a past-producing mica mine without reserves. In 1900, the mine produced 36 tons of mica valued at $5,500.

AMIS (mine hazard) site #04549 is located on the property. AMIS Site#04549 is a Type C site and this hazard is a 21 meter deep trench. Exact location of trench cannot be determined. Based on AMIS and imagery, MNDM's Mine Hazard Technical Specialist does not have any concerns with this AMIS site. Please read attached AMIS Disclaimer and Mine Site Type and Class Information The property is underlain by Precambrian carbonate metasedimentary rock (marble). This property lies within an area of provincially significant mineral potential for graphite identified by qualified geoscientists at MNDM. The Timmins Graphite past producing mine is located approximately 1.5 km to the southwest. In the late 1980's exploration work including diamond drilling and trenching was carried out on this property. Claim maps, published reports, Mineral Deposit Inventory and Abandoned Mines records are available for viewing or free download through the Geology Ontario portal using the following link: http ://www.geologyontario.mndm.gov.on.ca/. 2. The Rideau Valley Conservation Authority advises that any watercourse on the subject property is subject to the Authority’s “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” (Ontario Regulation 174/06). Written approval of the Conservation Authority must be obtained prior to straightening, changing, diverting or interfering in any way with the existing channel of a watercourse. (Black Creek).

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3. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Evelyn Sinclair Hearing Date: September 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/022, B18/023, B18/024

Municipality: Tay Valley Township Lot: 26 & 27 Conc.: 10

Geographic Township: Bathurst Consent Type: New Lots

Roll Number: 0911-916-030-31600

Purpose and Effect:

B18/022: To sever a 1.66 ha vacant parcel of land for residential purposes.

B18/023: To sever a 1.34 ha vacant piece of land for residential purposes.

B18/024: To sever a 1.59 ha parcel of land for residential purposes.

If all three consent applications are approved the retained land will remain with an area of 65 ha and contain an existing dwelling, garage and outbuilding. The retained land will have frontage on MacKay Line Road.

DETAILS OF PROPOSAL Lands to be Lands to be Lands to be Severed Severed Severed

Existing Use Vacant Vacant Vacant Proposed Use Residential Residential Residential Area 1.66 ha 1.34 ha 1.59 ha Frontage 122.2 m 93.9 m 99.4 m Depth Irregular Irregular Irregular Road - Access to MacKay Line Rd MacKay Line Rd MacKay Line Rd Water Supply Proposed Well Proposed Well Proposed Well Sewage Disposal Proposed Septic Proposed Septic Proposed Septic Zoning By-law Category RU & EP RU & EP RU & EP -Area (minimum) 1 ha 1 ha 1 ha -Compliance? Yes Yes Yes -Frontage (minimum) 60 m 60 m 60 m -Compliance? Yes Yes Yes Official Plan Designation: Rural, Provincially Significant Wetland and Organic Soils Conformity: Yes

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(a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. 2.2 Water Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections (a) through (h). Section 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or

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restored. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 3.0 Rural, Section 3.4 Provincially Significant Wetlands, Section 2.17 Public Road Access, Section 4 Transportation, Section 5.2 Land Division. The Township of Tay Valley advises that the proposal conforms to the designation and policies of the Official Plan. Zoning By-law Section 3.0 General Provisions, Section 10 Rural Zones. The Township of Tay Valley advises that the proposal complies with the zoning by- law regulations. AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report BACKGROUND The proposals in B18/022, B18/023 and B18/024 are to sever three rural lots from a 69.66-ha parcel of land. Application B18/022 proposes to sever a 1.66-ha lot with 99.4 m of road frontage. Application B18/023 proposes to sever a 1.34-ha lot with 93.9 m of road frontage and application B18/024 is to sever a 1.59-ha parcel with 122.2 m of road frontage. The three severances will leave a 65-ha parcel of retained lands with 561 m of road frontage and more than 1,000m of water frontage along the Mississippi River. The retained lands will include the existing dwelling, garage and outbuilding.

DISCUSSION Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning 8y-Law Yes Recommend consent for this application Yes Recommended Conditions for each severance: • Payment of all taxes owing • Payment of all costs incurred by the Township for review • Two copies of the Deed/Transfer • Two copies of the reference plan • Payment of Cash-in-Lieu of Parklands • Road Confirmation of the title of the road adjacent to the proposed severances PROVINCIAL POLICY STATEMENT No concerns. COUNTY SUSTAINABLE COMMUNITY PLAN No concerns. OFFICIAL PLAN

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The proposed severances are designated Rural in the Official Plan. The retained lot is designated Organic Soil and contains a Provincially Significant Wetland surrounding the Mississippi River.

ZONING BY-LAW The zoning is Rural (RU) and Environmental Protection (EP). The retained lot has an existing dwelling on it. The proposed severed lots will have development envelopes farther than the 120 m setback from the Provincially Significant Wetland.

A minimum lot area of 1 ha and 60 m of road frontage is required for each new lot. All three severances and the retained lot meet the minimum size requirements. The proposed uses also meet the use requirements of the zone.

MISSISSIPPI VALLEY CONSERVATION AUTHORITY (MVCA) The MVCA does not have any objection to the applications. The MVCA noted the frontage of the retained lands along the Mississippi River. This section of river is classified by the Ministry of Natural Resources and Forestry (MNRF) as provincially significant and is referred to as the Playfairville-Mud Lake Complex. The severed lots are along the outer edge of the provincially significant designation. MVCA noted that if development was proposed within 120 m of the wetland and Environmental Impact Statement would be required.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO has no objections to the severance as proposed. The MRSSO is satisfied that the proposals provide sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an OBC compliant sewage system greater than 30m from a surface water body, on any lots.

CONCLUSION The Planner recommends that the consents be granted, subject to the conditions and advisory notes listed in the Staff Recommendation section above

Tay Valley Township Recommended Conditions 1. That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. That, the applicant pay any outstanding fees to the Township prior to final approval. 3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, payment of $200.00 for each new parcel shall be made to the Township representing Cash-in-Lieu of Parklands. 5. That, the applicant shall obtain a Civic Address Number for the undeveloped severed and retained lands. 6. That the applicant shall submit full entrance applications to the Township and install the entrances as required in the permit.

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7. That, sufficient lands shall be dedicated to the Township along the frontage of the lots to be severed to meet the Township's road widening requirements at no cost to the Township, if required. 8. That, the applicant shall provide confirmation of the title to the road adjacent to the severed lot. If the road should be owned by the Township, but title is incorrect, the Township shall be responsible for the costs relating to the survey of the road (if required), and the applicant shall be responsible for all other costs to correct title."

Conservation Authority – RVCA

Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted applications to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL According to the information provided, the purpose of the subject applications is to sever (3) vacant lots, ranging in area from 1.3 to 1.7 ha, and retain a developed parcel of land measuring approximately 65.2 ha.

PROPERTY CHARACTERISTICS A review of available GIS mapping and Drape Imagery revealed that the retained lands have frontage on the Mississippi River. This section of the river has also been classified by the Ministry of Natural Resources and Forestry (MNRF) as provincially significant wetland (PSW), referred to as the Playfairville Mud Lake Complex. The PSW extends from the edge of the river into a large portion of retained lands at varying depths. The severed lands are located on the outer edge of the adjacent lands to the PSW. No significant natural heritage features or natural hazards were identified on the severed lands.

REVIEW PSW Guidelines prepared in support of the Provincial Policy Statement (PPS) require that new development and site alterations, including the creation of new lots, within 120 m of a PSW only be permitted if it has been demonstrated that there will be no negative impacts on the natural features or ecological functions of the feature identified. Potential impacts are typically assessed through the preparation of an Environmental Impact Statement (EIS). However, it is our opinion that there is limited value in conducting an EIS at this time given that the retained lands are already developed with no new development proposed at this time.

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Waterbody In accordance with the municipalities' planning documents, as well as guidelines prepared in support of the PPS, a minimum 30 m development setback is recommended from any waterbody. The retained lands have frontage on the river. However, MVCA does not have any concerns in this regard given that the retained lands are already developed with no new development proposed at this time.

RECOMMENDATIONS AND CONCLUSION With all of the above in consideration, MVCA does not have any objection to the subject application.

NOTES The property owner should be advised that, pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", a permit is required from MVCA prior to the initiation of any interference within the Regulation Limit (Le. within 120 m) of the PSW, or for any alterations to the shoreline of the river. In the event that future development is proposed within the 120 m adjacent lands of the PSW on the retained lands, an Environmental Impact Statement (ElS) may be required at that time to evaluate the proposal.

Given the presence of PSW along the waterfront, there should be minimal disturbance of the shoreline and wetland vegetation. Prior to any clearing for water access, MVCA shall be consulted to ensure that access is achieved in a manner that results in minimal impact.

A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

B18/022 -The applicant proposes to sever approximately 1.66 ha parcel from the retained parcel to create a new lot. The parcel fronts on McKay Line Road; it is vacant, open field and treed towards McKay Line Road. Near the rear proposed property boundary, there appears to be an area that is seasonal wet. No test pits were provided.

B18/023 – the applicant proposes to sever approximately 1.34 ha parcel of land form the retained parcel to create a new lot. The parcel fronts on McKay Line Road; it is vacant, mostly treed, with pockets of open area. Towards the rear proposed property boundary there appears a small drainage feature (ditch or intermittent creek). No test pits were provided.

B18/024 – the applicant proposes to sever approximately 1.59 ha parcel from the retained land to create a new lot. The parcel fronts on McKay Line Road; it is vacant, with pockets of trees/shrubs and open areas and some exposed rock. Towards the rear of the proposed property boundary there appears a small drainage feature (ditch or intermittent creek). No test pits were provided.

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The retained parcel is approximately 68 ha. It is developed with a dwelling, garage and outbuilding. The dwelling is serviced by a sewage system (Permit # S28703). The parcel has areas of forested land, open fields and a large area of Provincially Significant Wetland, with the Mississippi River boarding the eastern portion of the property. The site plan illustrates the property is located within an Intake Protection Zone 3, except for the proposed lots. No test pits were provided.

The severance as proposed provides sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an OBC compliant sewage system greater than 30m from a surface water body, on either lot. Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments or concerns. However, I would like to mention that there is no hydro service at the property lines for these 3 proposed severed lots. The existing hydro line is on the opposite side of the road, in on private property. Therefore, if these lots were to be serviced, Hydro One would have to receive an easement from one of these lot owners to be able to get the hydro across the road, to the new lots. Obtaining these easements are completely at the owner’s discretion, and we may not be able to obtain these rights. This is just an FYI, for the property owners.

Bell Canada R-O-W – No concerns or objections.

(b) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (c) PLANNING REVIEW Background and Summary The applicant proposes to create three new lots on a municipal road. The retained lands have frontage on the Mississippi River and are part of the Playfairville-Mud Lake Complex, a PSW. Road Access The lands are accessed via MacKay Line Road. The retained lands are known municipally as 340 Hoddinott Lane.

Water Supply There are a few well records in the area of the proposed lots dating back to 1965. One of these had a depth of 65 feet. A newer well was drilled nearby in 2007, with a depth of 120 feet (36.58 m) and a pumping rate of 9 gpm.

Natural Heritage The section of the Mississippi River abutting the subject lands has been classified by the MNRF as the Playfairville-Mud Lake Wetland Complex. As noted by MVCA, a portion of the retained lands are within the 120 m adjacent lands of the PSW; while the severed lands are not. Any development within 120m of the PSW will require an EIS.

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Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Soils Inventory – Name: Tweed - Stoniness: exceedingly stony - CLI: 7 – no capability for agriculture - Drainage: moderate - Hydrogeology: moderate Bedrock Inventory – flows, tuffs, Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Snapping Turtle SC Bobolink THR Barn Swallow THR Wood Thrush SC Playfairville Mud Lake PSW Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official Plan The proposed consents appear to comply with the provisions of the Rural designation. It does not appear that any new lots have been created from the land holding since 1991. The retained lands are developed with an existing house, if development is proposed within 120m of the PSW, Official Plan policies and other regulations will be applied at that time. The proposed lots are outside of the 120 m of the PSW. 3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should

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be taken in any development proposal to maintain the existing tree cover. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for Tay Valley Township and could be given favourable consideration. (d) MINUTES – September 12, 2017 Chris Clarke, agent, attended the hearing and gave evidence under oath. M. Guthrie asked about the title to the road condition which the Township is suggesting. Chris advised that on a recent consent application there was an issue associated with the ownership of the road on title, some of the road appears to be municipal and some may be indicated as private. The owner’s civic address is also on Hoddinnott Lane, therefore there are matters to be reviewed to address. M. Strachan indicated that this is a forced road as it is not on a municipal road allowance. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, road widening, hydro. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

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. B18/022, B18/023 and B18/024 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of the Township of Tay Valley, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide the Township of Tay Valley with two copies of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall provide the Township with a copy of the deed/transfer for the property. 7. Payment shall be made to the Township of Tay Valley representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 8. Sufficient land for Road Widening purposes shall be deeded to the Township of Tay Valley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required. 9. The applicant shall submit a full entrance application to the Township Public Works Department and install the entrances as required in the permit. 10. That the applicant shall provide confirmation of the title of the road adjacent to the severed lot. If the road should be owned by the Township, but the title is incorrect the Township shall be responsible for the costs relating to the survey of the road (if required), and the applicant shall be reponsbile for all other costs to correct the title. 11. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 12. A letter shall be received from the Township of Tay Valley stating that condition #3 through #11 has been fulfilled to their satisfaction

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NOTES 1. There is no hydro service at the property lines for these 3 proposed severed lots. The existing hydro line is on the opposite side of the road, in on private property. Therefore, if these lots were to be serviced, Hydro One would have to receive an easement from one of these lot owners to be able to get the hydro across the road, to the new lots. Obtaining these easements are completely at the owner’s discretion, and we may not be able to obtain these rights. 2. The Mississippi-Rideau Septic Office advises that all new septic systems should be located >30 meters from the high water mark of any watercourse and respect all required Ontario Building Code setback. 3. Mississippi Valley Conservation Authority advises that in the event that future development is proposed within the 120 m adjacent lands of the PSE on the retained lands, an Environmental Impact Statement (EIS) may be required at that time to evaluate the proposal.. 4. Mississippi Valley Conservation Authority advises that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. 5. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Lynn Marie Bourgeault Hearing Date: September 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/025

Municipality: Lanark Highlands Lot: 7 Conc.: 8

Geographic Township: Darling Consent Type: New Lot/Easement

Roll Number: 0940-944-015-25402

Purpose and Effect: To sever a 1.17-ha piece of land and to retain an 8.86-ha piece of land with an existing house. An easement is also proposed to maintain the existing right- of-way for the retained lands as access.

DETAILS OF PROPOSAL Lands to be Severed Lands Retained

Existing Use Right-of-way Residential Proposed Use Residential & right-of-way Residential Area 1.16 ha 8.87 ha Frontage 60 m 90.5 m Depth 195 m Irregular Road - Access to Darling Road Darling Road Water Supply Proposed well Existing well Sewage Disposal Proposed septic Existing septic Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural Communities Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns.

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Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 2.0 Vision, Section 3.3 Rural Communities, Section 4.1 Mineral Aggregates, Section 5.3.2 Wetlands, Section 5.3.7 Groundwater Protection, Section 7.4.2 County Roads, Section 7.4.3 Local Roads, Section 8.4.2 Consents. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law – Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations.

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The purpose of the application is to sever a 2.89ac. (1.17ha.) parcel of land, and to retain a 21.90ac (8.86ha.) landholding with an existing dwelling, municipally known as 2538 Darling Road. An easement is also proposed to maintain the existing right-of-way over the severed land for the purposes of maintaining legal access to the retained lands.

PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act, R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the "consistent with" test. The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: 1. 1.5.2 - On rural lands located in municipalities, permitted uses are: c) limited residential development. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.

OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township.

3.3.1.3 In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such as strip or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts.

The property is designated as Rural Communities on Schedule 'A' of the Township's Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

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5.3.6.3 The creation of multiple lots (more than 1 severance) will require an Environmental Impact Statement to demonstrate no adverse impacts. The application for consent proposes to sever one lot in which approximately half of the lot falls within a deer yard. As the proposed minimum lot area and frontage is less than the required within a deer yard, the applicant has undertaken an EIS which as demonstrated that the impacts to the natural environment were anticipated to be minor as a result of the proposed consent providing that the mitigation measures provided in the report were implemented. Additional lots proposed in future will be subject to an EIS to demonstrate no adverse impacts.

The subject property is zoned as Rural (RU) in the Township's zoning by-law. Approximately half of the proposed lot falls within the area- of deer yard constraint area. As a result, an EIS has been completed which provides for mitigative measures which when implemented will allow the lot to developed without any adverse impact to occur on the habitat or herd. The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone.

DISCUSSION The application for consent proposes to sever a vacant landholding. The retained lands are currently developed. No new development for the retained lands is proposed at this time. Overall, this application, as submitted, complies with the policies of the Township's Official Plan and Zoning By-law.

Township of Lanark Highlands Recommendations RECOMMENDATION "THAT Council recommends to the Land Division Committee of Lanark County that application B 18/025 for consent be approved subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in

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this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That the applicant provide to the Township the $200 cash in lieu of parkland Fee; 7.That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 8. At the sale expense of the applicant that the applicant enter into a Development Agreement with the Township of Lanark Highlands. The wording-of the agreement shall be acceptable to the Municipality and shall address the recommended avoidance and mitigation measures outlined in the Environmental Impact Statement prepared by Geofirma Engineering Ltd. dated March 16, 2018.”

Conservation Authority – MVCA Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. A Scoped Environmental Impact Statement, dated March 16, 2018, prepared by Geofirma Engineering, was received on May 31, 2018 for the subject application.

PROPOSAL According to the information provided, the purpose of the subject application is to sever a vacant 1.17 –ha lot, and retain a developed parcel of land measuring approximately 8.9 ha.

PROPERTY CHARACTERISTICS A review of available GIS mapping and Drape Imagery revealed that a portion of both the severed and retained lands are within an area which has been classified by the MNRF as a significant deer wintering area. REVIEW Deer Yard Guidelines (Natural Heritage Reference Manual, 2010) prepared in support of the Provincial Policy Statement (PPS) indicate that new development, including lot creation, shall only be permitted within significant wildlife habitat if it has been demonstrated that there will be no negative impacts on the natural features or ecological functions of the feature identified. In order to address the aforementioned guidelines, an Environmental Impact Statement (EIS) is generally

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required. We note that Section 5.3.6.2 of the municipalities Zoning By-Law indicates the following:

Lot creation by means of severance is permitted for one additional lot within a deer yard providing that the minimum lot frontage is 90 metres (295 feet) and the minimum area is 1.5 hectares (3.7 acres) for both the severed and the retained lands. Lesser lot sizes may be considered if through means of an Environmental Impact Statement undertaken by a qualified professional it can be demonstrated that no adverse impact will occur to the habitat or herd. Given that the proposed lot size of the severed lands does not meet the minimum size to forego the requirement for an EIS, an EIS, has been prepared. The report concluded that impacts to the natural environment are anticipated to be negligible and provided that recommended mitigation measures are implemented as proposed, no residual negative impacts are anticipated. Based on a review of the findings, MVCA concurs with this conclusion.

RECOMMENDATIONS AND CONCLUSION With all of the above in consideration, MVCA does not have any objection to the subject application provided the mitigation measures outlined in the following document are adhered to: Scoped Environmental Impact Statement, dated March 16, 2018, prepared by Geofirma Engineering.

Septic Office

General Description Severed – a 2.89 acre vacant parcel with remnants of an old shed. Land had varying slopes. Area was forested mainly with cedar trees and there was an area of field. There is sufficient area to support a leaching bed system. Soil depth appears to be approximately 75-90 cm but can vary throughout parcel.

Recommendations Severed – additional sandy loam fill may be required in the area of the future leaching bed.

General Description Retained – a 21.90 acre parcel of land with an existing house serviced by a well and septic system. At the time of inspection, there was no obvious sign of malfunction. There is sufficient area to support the replacement of the existing septic system.

Recommendations Retained - additional sandy loam fill may be required in the area of the future replacement leaching bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section

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3(2) of O.Reg. 197/96 as amended. (d) PLANNING REVIEW Background and Summary The applicant proposes to create one new lot for residential purposes and to recognize the existing right-of-way. The existing right-of-way provides access to the retained lands as well as to several other properties. The existing right-of-way is described as Part 3 on Plan 26R-730, the proposed easement will maintain the right-of-way for the retained lands and other users of the existing right-of-way. Road Access The lands are accessed via Darling Road. Natural Heritage the subject lands are located within a Deer Yard as identified by the Ministry of Natural Resources and Forestry. An Environmental Impact Statement was submitted with the application to demonstrate that the proposed lot and future residential development would not impact the deer yard. Aggregate Operation There is a licenced aggregate pit located on Darling Road and Wardens Road, north of the site. The County of Lanark is the owner of the pit. The Lanark County Public Works Facilities Coordinator was consulted and advised that the County Public Works Department has no concerns if the planning requirements are met. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: None indicated on the NHIC records Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications.

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2. Local Official Plan Lanark Highlands Official Plan Policies for the Division of Land are found in Section 3.2.3 and 3.3.3 and 8.4.2 of the OP. Up to 3 consents, excluding the retained lot may be granted for a lot or landholding existing as of April 1, 2003. Additional lots may be granted in Rural Communities or Waterfront Communities where the lots to be created would constitute infill. Additional policies also apply, e.g. requirement for hydrogeological and terrain analysis. A number of ‘general’ policies also apply to the division of lands, including: size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on public road unless exempted, no development on lands subject to hazards, flooding, etc., extension of major services not required.

3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (e) MINUTES – September 12, 2018 Chris Clarke, agent attended the hearing and gave evidence under oath. Owner of retained lands wants to keep the existing entrance to her property. There is potential for a new entrance on Darling Road, however the owner prefers to keep as is and not cut any of the existing trees. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, development agreement and right-of-way. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision.

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DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

B18/025 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established by- laws for consent applications. 5. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 6. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 7. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township in this regard. 8. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 9. Sufficient land for Road Widening purposes shall be deeded to the Township of Lanark Highlands by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor’s certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required. 10. That the applicant shall, at their sole expense, enter into a Development Agreement with the Township of Lanark Highlands. The wording of the agreement shall be acceptable to the Municipality and shall address the recommended

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avoidance and mitigation measure outlined in the Environmental Impact Statement prepared by Geofirma Engineering Ltd. dated March 16, 2018. 11. An appropriate right-of-way shall be granted to the owners of the lot to be severed to the lot to be retained. 12. The deed of land required by condition #1 above shall recognize any rights-of-way that currently exist. 13. A letter shall be received from the Township of Lanark Highlands stating that conditions #3 through #10 has been fulfilled o their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Leo and Elaine Scissons Hearing Date: September 11, 2018

Applicant/Agent: Carter Hollington LDC File #: B18/027

Municipality: Lanark Highlands Lot: 2 Conc.: 10

Geographic Township: Lanark Consent Type: New Lot

Roll Number: 0940-934-035-02805

Purpose and Effect: To sever a 3.86-ha parcel of land with an existing house and garage and to retain a 25.51-ha parcel of land with an existing storage barn.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Single family home Barn Proposed Use Single family home Single family home Area 3.85 ha 25.5 ha Frontage 140.2 m 565 m Depth 401.12 m 591 m Road - Access to Fergusons Falls Road Fergusons Falls Road Water Supply Existing well Proposed well Sewage Disposal Existing septic Proposed septic Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural Communities Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public

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health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. 2.3 Agriculture Section 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 operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 2.0 Vision, Section 3.3 Rural Communities, Section 5.3.7 Groundwater Protection, Section 7.4.2 County Roads, Section 7.4.3 Local Roads, Section 8.4.2 Consents. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law – Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received:

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Township Planner’s Report An application for consent B18/027 has been received from the County of Lanark Land Division Committee for the creation of one residential lot for lands legally described as Part Lot 2 Conc. 10, geographic Township of Lanark. The purpose of the application is to sever a 9.5 ac (3.86ha) parcel of land with an existing house and garage, municipally known as 568 Ferguson's Falls Road, and retain a 63ac (25.51 ha) parcel of land with an existing storage barn. Both the severed and retained lands will be accessed by Ferguson's Falls Road.

The following is a list of applicable sections of the PPS, as well as a review of the proposal in consideration of these policies: 1. 1.5.2 - On rural lands located in municipalities, permitted uses are: c) limited residential development. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.

Staff recognize that the addition of one rural-residential building lot would be considered 'limited residential development' and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along the Ferguson's Falls Road. The proposed retained lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development.

Based on the above analysis, Staff is of the opinion that the proposal is consistent with the policies of the PPS.

OFFICIAL PLAN Applications for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township. 3.3.1.3 In order to maintain and protect the landscape and identity of the Rural Communities, it will be important to avoid inefficient land use patterns such a-s strip or scattered development, to minimize incompatibility between land uses and to minimize adverse environmental impacts. The subject land is designated as Rural Communities on Schedule 'A' of the Township's Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts. The proposed severance is consistent with the objectives of the Township's OP policies.

ZONING The subject lands are zoned Rural. The subject lot and the retained lot have sufficient frontage, depth and area to meet the requirements of the Rural zone. As a result of the proposed severed lot, the retained lands would no longer conform to the provisions of the zoning by-law due to the existence of an accessory structure. Accessory structures are permitted under the Township's Zoning By-law together with a main use. In order to conform to the zoning by-law, the applicant would require a zoning by-law amendment to

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recognize an accessory use prior to a main use, or to construct a main use on the property.

DISCUSSION If approved, the consent will result in the creation of one new conveyable rural lot developed with a storage barn, subject to a zoning by-law amendment or building permit, and retain a developed land holding that is currently serviced by private well and septic. New development on the retained lands has been proposed at this time.

Overall, this application, as submitted, complies with the policies of the Township's Official Plan and Zoning By-law.

Township of Lanark Highlands Recommendations: That Council recommends to the Land Division Committee of Lanark County that application B18/027 for consent be approved, each subject to the following conditions; 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the Township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard; 5. That the applicant provide to the Township the $200 cash in lieu of parkland fee; 6. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and that the municipality has a good and marketable title; 7. At the sole expense of the applicant that the applicant undertake a zoning by-law amendment with the Township of Lanark Highlands for a site specific zoning of the retained lands in recognition of the existence of an accessory structure prior to a main use, or obtain a building permit for the purposes of a main use

PROPOSAL It is our understanding that the purpose of the subject application is to sever one developed lot with an area of 9.53 ac, and retain a 63.04 ac lot with an existing storage barn.

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PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, an unnamed watercourse flows through the severed and retained lands.

REVIEW Natural Heritage Features Watercourse In accordance with the municipalities' planning documents, as well as guidelines prepared in support of the Provincial Policy Statement, a minimum development setback of 30 m is recommended from any watercourse. This standard appears achievable from the identified watercourse on both resulting lots.

Natural Hazards; None identified.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following is implemented for potential future development on the retained lands: 1. Future development, including a septic system shall be setback a minimum30 m from the watercourse. 2. Existing vegetation along the shoreline of the watercourse shall be retained to a minimum depth of 15 m. This effort will help to mitigate the effects of erosion and surface runoff on the watercourse. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse, or onto adjacent properties.

NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

The applicant should be advised that, pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses", a permit is required from MVCA for alterations to the shoreline of the watercourse.

In addition, we advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

Septic Office

General Description Severed – a 9.53 acres of primarily open field. There is an existing house and garage. The house is serviced with a well and a septic system. There is sufficient area to replace the existing septic system in the future.

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Recommendations Severed additional sandy loam fill may be required in the area of the future leaching bed.

General Description Retained – a 63.04 acre parcel of land with an existing barn that is proposed for storage only. The land is primarily open field.

Recommendations Retained - additional sandy loam fill may be required in the area of the leaching bed.

Lanark County Public Works Applicant Name(s): Carter Hollington and Leo & Elaine Scissons Lanark County Road Number: 15

Access (Entrance) to County Road Lands to be Severed - File # B18/027 Applicant has an approved, existing entrance to the County Road, Permit # 2041 relates. Lands to be Retained Applicant has an approved entrance location to the County Road, Application # 2659 relates. The entrance is to be installed prior to deed endorsement.

Land for Road Purposes Road Widening: Sufficient lands shall be deeded to The Corporation of the County of Lanark" along the frontage of the lot to be severed to meet the municipality's road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality's road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County.

The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required.

If land is required, "ln Preparation" Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and the municipality has a good and marketable title.

Road Closing: If former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the "The Corporation of the County of Lanark" for the purposes of completing a road closing and transfer of the identified former road property.

Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the "PIN" that is the county road, parallel to the frontage of the lands to be severed.

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Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: None have been indicated on the NHIC records Official Plan Policies

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1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official Plan Lanark Highlands Official Plan Policies for the Division of Land are found in Section 3.2.3 and 3.3.3 and 8.4.2 of the OP. Up to 3 consents, excluding the retained lot may be granted for a lot or landholding existing as of April 1, 2003. Additional lots may be granted in Rural Communities or Waterfront Communities where the lots to be created would constitute infill. Additional policies also apply, e.g. requirement for hydrogeological and terrain analysis. A number of ‘general’ policies also apply to the division of lands, including: size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on public road unless exempted, no development on lands subject to hazards, flooding, etc., extension of major services not required.

Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Lanark and could be given favourable consideration. (e) MINUTES – September 11, 2018 Carter Hollington, agent, attended the hearing and gave evidence under oath. Leo Scissons, owner, attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, entrance permit, road widening, etc. The comments were addressed through conditions to the application.

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Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. B18/027 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established by- laws for consent applications. 5. Payment shall be made to the Township of Lanark Highlands representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 6. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 7. The applicant shall obtain a Civic Address Number from the Township of Lanark Highlands. The applicant shall consult directly with the Township in this regard. 8. Sufficient land for Road Widening purposes shall be deeded to the Township of Lanark Highlands by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required. 9. That the applicant shall, at their sole expense complete a zoning by-law amendment with the Township of Lanark Highlands for a site specific zoning of the retained lands to permit the existing accessory building to remain prior to a main

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use, or obtain a building permit for the purposes of a main use. 10. The applicant shall submit a full entrance application to the County of Lanark Public Works Department and install the entrance as required in the permit. The entrance is to be installed prior to deed endorsement. 11. The applicant shall provide the Lanark County Public Works Department with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 12. Road Widening: Sufficient lands shall be deeded to “The Corporation of the County of Lanark” along the frontage of the lot to be severed to meet the municipality’s road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality’s road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. 13. The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. 14. If land is required, “In Preparation” Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. 15. Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the “The Corporation of the County of Lanark” for the purposes of completing a road closing and transfer of the identified former road property. 16. Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the “PIN” that is the county road, parallel to the frontage of the lands to be severed. 17. A letter shall be received from the Township of Lanark Highlands stating that condition #3 through #9 has been fulfilled to their satisfaction. 18. A letter shall be received from the County of Lanark Public Works Department stating that condition #10 through #16 has been fulfilled to their satisfaction

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NOTES

1. Mississippi Valley Conservation Authority advises that in the event of future development on the retained lands: 1. Future development, including a septic system shall be setback a minimum30 m from the watercourse. 2. Existing vegetation along the shoreline of the watercourse shall be retained to a minimum depth of 15 m. This effort will help to mitigate the effects of erosion and surface runoff on the watercourse. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse, or onto adjacent properties.

2. Mississippi Valley Conservation advises that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. A permit is required from MVCA prior to any alterations to the shoreline of the watercourse identified on these lands, and for any development or interference within the 30 m of the wetland. 3. In addition, we advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

4. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of

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the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Peter R. Timmins Hearing Date: September 11, 2018

Applicant/Agent: ZanderPlan Inc. LDC File #: B18/028, B18/029, B18/030

Municipality: Drummond/North Elmsley Lot: SW ½ Lot 16 Conc.: 6

Geographic Township: Drummond Consent Type: New Lots

Roll Number: 0919-919-030-05500

Purpose and Effect: To create 3 new lots: B18/028: To sever a 0.60 ha vacant lot for residential purposes. B18/029: To sever a 0.60 ha vacant lot for residential purposes B18/030: To sever a 0.60-ha vacant lot for residential purposes. Retained Lands will be 59.4 ha (143.8 ac)

DETAILS OF PROPOSAL All Lands to be Severed

Existing Use Vacant Proposed Use Residential Area 0.6 ha Frontage 48 m Depth 126.5 m Road - Access to Drummond Conc. 7 Water Supply Proposed well Sewage Disposal Proposed septic Zoning By-law Category RU -Area (minimum) 0.4 ha -Compliance? Yes -Frontage (minimum) 45 m -Compliance? Yes Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement – The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve efficient and Resilient Development and Land Use Patterns Section 1.1.1.b) Accommodating an appropriate range and mix of residential

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(including second units, affordable housing and housing for older persons), employment (including industrial and commercial), recreational (including places of worship, cemeteries and long-term care homes), recreation, park and open space and other uses to meet long-term needs. Section 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. 1.6 Infrastructure and Public Service Facilities Section 1.6.3 Before consideration is given to development new infrastructure and public a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adoptive re-use should be considered, wherever feasible. Section 1.6.6.2 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. Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted.

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1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. 2.2 Water Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections (a) through (h). Section 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.3 Agriculture Section 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 operations as a result of farm consolidation (subject to conditions); and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.4 Minerals and Petroleum Section 2.4.1 Minerals and petroleum resources shall be protected for long-term use.

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2.5 Mineral Aggregate Resources Section 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. Section 2.5.2.4 Mineral aggregate operations shall be protect 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. Section 2.5.2.5 In known deposits or mineral aggregate resources or on adjacent lands, development and activities which would preclude or under 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. 2.6 Cultural Heritage and Archaeology Section 2.6.2 Development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. Section 2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluate and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Section 2.6.5 Planning authorities shall consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources. 3.1 Natural Hazards Section 3.1.1 Development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards, and c) hazardous sites. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan – Section 3 General Provisions, Section 3.1 Influence Areas, Section 4.3 Rural Policies, Section 6.3 Division of Land, Section 6.12 Source Water Protection. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the official plan.

Zoning By-law – Section 4 General Provisions, Section 7 Rural Zone, The Township of Drummond/North Elmsley advises that the proposal complies with the zoning by-law regulations.

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(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/028, B18/028 and B18/030 has been received from the County of Lanark Land Division Committee for the creation of three' residential lots for lands legally described as Part Lot 16 and 17, Concession 6, geographic Township of Drummond. The purpose of the application is to sever three 0.40-ha vacant lots and to retain a 58.84-ha landholding with an existing dwelling, municipally known as 1663 Drummond Con 7.

PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement 2014 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Per Section 3(5) (a) of the Planning Act,' R.S.O. 1990, all planning decisions must be consistent with the PPS. A review of applicable policies must be undertaken and the application is evaluated under the "consistent with" test. Section (4.3.1) is supportive of "limited" residential development provided that it is appropriate and compatible in its rural setting. Staff recognize that the addition of three rural-residential building lots would be considered 'rural' and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along Drummond Concession 7 Road. The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development.

OFFICAL PLAN Applications for consent must be evaluated with the policy directives of Section 6.3, which provides direction for the division of lands within the Township. The property is designated as Rural on Schedule 'A' of the Township's Official Plan. The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

Township of Drummond/North Elmsley Recommended Conditions: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. The Applicant shall provide the Township with a registered copy of all reference plans associated with this application (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That sufficient lands be deeded to the Township along the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a

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solicitor's certificate indicating that the municipality's title is free and clear of all and that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 7. At the sole expense of the applicant that the applicant enter into a Development Agreement with the Township. The wording of the agreement shall be acceptable to the Municipality and shall address the recommendations outlined in the Hydrogeological assessment prepared by BlueMetric Environmental. "

A scoped Hydrogeological Assessment, prepared by BluMetric Environmental (dated May 24, 2018) has been reviewed by MVCA, as discussed below.

PROPOSAL It is our understanding that the purpose of the subject applications is to sever (3) vacant parcels of land each with a proposed area of 0.61 ha. The resulting retained land is developed with agricultural buildings, with a proposed area of 58.2 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, a municipal drain referred to as the William-Ireton Municipal Drain flows through the retained lands. The drain is classed as F, with no fish habitat identified. In addition, a portion of a large unclassified wetland extends into the SE corner of the retained lands. An unnamed watercourse flows through this portion of the wetland. No significant natural heritage features or natural hazards were identified on the proposed severed lands.

REVIEW Natural Heritage Features Wetland A wetland has been identified in the SE corner of the retained lands. This wetland, as well as its 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the

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boundary of the wetland, is required for any new development or site alteration. This setback appears achievable for potential future development on the retained lands.

Municipal Drain and Watercourse A municipal drain flows through the mid-section of the retained lands. In addition, a watercourse flows through the SE corner. A minimum development setback of 15 m is recommended from municipal drains that do not consist of fish habitat, while a minimum 30 m setback is recommended from watercourses. Sufficient area appears to exist on the retained lands to accommodate new development with a setback of 15 m from the municipal drain and 30 m from the watercourse identified.

Natural Hazards Organic soils have been identified on the retained lands in association with the wetland. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for development on the retained land, beyond this hazard.

Water Quantity and Quality MVCA's Groundwater Scientist has reviewed the Hydrogeological Assessment. MVCA is satisfied that the report provides enough substantiating information to indicate that the site can provide enough water over the long term and not impact adjacent wells; and that these wells will provide water quality that meets acceptable standards of the ODWSOG (Ontario Drinking Water Standards, Objectives and Guidelines. Please refer to the attached review for details and for a list of associated recommendations.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objections to the subject application provided the following is implemented on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourse and wetland. 2. Future development, including a septic system shall be setback a minimum of 15 m from the municipal drain. 3. The shoreline vegetation along the watercourse and wetland shall be retained to a minimum depth of 15 m. 4. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetland, watercourse or onto adjacent properties. 5. Future development shall be directed away from areas consisting of organic soils. 6. All recommendations outlined in the Technical Hydrogeological Review Memorandum, prepared by MVCA, dated June 1, 20'18.

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NOTES The applicant should be advised that a portion of the retained land is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any development or site alteration in or within 30 m of the wetland, or for any shoreline alterations to the municipal drain or watercourse.

We advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the unnamed watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work. A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Technical Hydrogeological Review Memorandum, June 1, 2018 Prepared by: Claire Milloy, P.Geo., Groundwater Scientist Hydrogeological Assessment - Proposed Lot Severances 1663 Drummond Concession 7, Drummond North Elmsley, County of Lanark, Ontario, BluMetric Environmental, May 24, 2018 (report)

As requested, technical staff with Mississippi Valley Conservation Authority (MVCA) have reviewed, on behalf of Drummond North Elmsley and the County of Lanark, and recommend acceptance of BluMetric Environmental's May 24, 2018, report entitled 'Hydrogeological Assessment'. The report was submitted in support of an application to create three new (0.6 ha development lots at 1663 Drummond Concession 7, which are to be serviced by private on-site water wells and wastewater treatment systems (OWTS).

MVCA reviews hydrogeological studies as per the official guidance from the Ministry of the Environment and Climate Change's (MOECC): Procedure 0-5-5, Technical Guideline for Private Wells, Water Supply Assessment; and from Procedure 0-5-4, Technical Guideline for Individual On-site Sewage Systems, Water Quality Impact Risk Assessment. These documents are explained in the MOECC's April 1995, 'Hydrogeological Technical Information Requirements for Land Development Applications'. In addition, MVCA considers other industry standards for activities and analyses when not specified in the MOECC's documents.

MVCA is satisfied that BluMetric's submission provides the professional opinions with enough substantiating information to indicate that any groundwater supply wells installed on the property, to the specifications outlined by BluMetric, will be able to provide enough water over the long-term and not interfere with the use of well water on adjacent properties; and that these wells will provide groundwater that meets the Ontario Drinking Water Standards, Objectives and Guidelines. In addition, MVCA is satisfied that BluMetric's submission provides the professional opinions with enough substantiating information to indicate that the

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site is suitable, from a planning and groundwater protection perspective, to adequately attenuate the effluent from properly maintained on-site wastewater treatment systems. Timmins severances, DNE, Lanark County B18-028 to B18-030 MVCA recommends that: - The Leeds, Grenville & Lanark Health Unit be explicitly informed of BluMetric's recommendations for the locations of all future on-site wastewater treatment systems. See 'Septic System', pdf page 11, which says that septic systems should be installed in the north-side of the front yards. - The site plan approval process ensures a well access route is preserved to back-yard water wells. - All future lot owners be: o given BluMetric's May 24,2018, letter report with specific reference to the following sections: 'Water Well Design Recommendations', 'Septic System' and 'Conclusions'.

o specifically instructed to: • ensure their water supply well is constructed as per BluMetric's recommendations and that they indefinitely maintain an access route to their back-yard well on their own property. • adhere to the MOECC's 'Water Supply Wells - Requirements and Best Management Practices" with respect to regular water quality sampling, well protection and maintenance etc.

o Explicitly informed that the accepted study (BluMetric's May 24, 2018) is only valid with respect to groundwater supply wells that are constructed to similar specifications as the test well. The suitability/quality of any groundwater from water supply wells constructed otherwise has not been determined.

In conclusion, Mississippi Valley Conservation Authority has not conducted an independent site investigation to confirm the validity of the data, analyses, interpretations and recommendations presented in BluMetric's May 24, 2018, revised Hydrogeological Assessment. MVCA has accepted the findings as conveyed and the professional opinions of the qualified professional who is responsible for the study and signed the hydrogeological report.

Septic Office – Leeds, Grenville and Lanark District Health Unit B18/028, B18/029 and B18/030

General Description Severed – bedrock observed with some trees and gently slopes. Varying soil depth throughout the property.

Recommendations Severed – sandy loam fill will likely be required for the installation of the proposed septic system.

Hydro One Networks – no comments or concerns at this time.

Bell Canada R-O-W – No concerns or objections.

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Ministry of Transportation, Eastern Region, Corridor Management Section This letter is to advise that the Ministry of Transportation (MTO) has reviewed the application for consent to sever the SW half of lot 16, concession 6 in the Geographic Township of Drummond, file no. B18/028, B18/029 & B18/30. The Ministry does not have any concerns with this severance application, as proposed. The Ministry will require MTO Building and Land Use permits to be obtained for any construction or demolition on any of the severed or retained lots as the subject lands fall within the Ministry’s permit control area as defined by the Public Transportation and Highway Improvement Act R.S.O. 1990. Permits can be obtained by visiting MTO’s highway corridor management online permitting system: https://www.hcms.mto.gov.on.ca/

The newly proposed lots meet the minimum frontage requirement of 45 m, the access for the retained lot on Drummond Concession 7 will be 42.7 m, it is understood that this provides access to a building with a civic address # 1663.

The lands are located within the permit control area of the Ministry of Transportation. MTO was circulated the consent applications and has provided a review as included above. Water Supply A Hydrogeological Assessment was submitted with the consent applications. A peer review was conducted by Claire Milloy, Geoscientist, RVCA. Hydrogeological Assessment is attached. Peer Review comments are included within this report. Natural Heritage See MVCA comments Agricultural Operations No agricultural operations currently housing livestock noted within 500 m of the subject property.

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Development, Council shall encourage Residential Development to locate in close proximity to existing built-up areas within the Township. Notwithstanding the foregoing, however, Council shall not permit the creation or extension of strip development pursuant to the policies of Section 6.3.2.3 and 6.3.2.4.

6.3.2.3 Outside the designated Hamlets, consents are to be granted on a limited basis in accordance with the policies of Section 4.3.4.1 and 6.3.2.6. Further, consents should have the effect of infilling in existing developed areas and not of extending an urban area or existing strip development. In determining whether a consent will result in the creation or extension of strip development, the visual impact of the proposed development shall be assessed.

Attached to this report is an image from CGIS indicating the existing developed area. The lands proposed to be severed are not within the Settlement Area of Drummond Centre. The lands are in an existing developed area, consisting mostly of residential uses, however there are commercial uses in the near vicinity.

Specifically, consents should not be granted on flat, open land, but rather in areas having natural tree cover, scenic views and/or rolling terrain where natural landscape features prevent extensive views of development, especially along straight stretches of road. Further, the existing vegetation and terrain should be disturbed as little as possible.

6.3.2.4 Consents for infill development may be permitted between two non-farm residences which existed on the date of adoption of this Plan which are separated by potential new lots of similar size, which are located on the same side of the road or right-of-way, and which are separated by not more than 120 m. Generally, a maximum of 2 infill lots may be created between two existing, developed properties.

There is an existing dwelling on the corner of Code Road and a dwelling on Drummond Concession 7. The proposed lots will be created on the vacant land in between these dwelling, however the distance is more than 120 m and the existing lots are larger in area than 0.6 ha (1.5 ac).

6.3.2.5 In areas of extensive existing development, Council may require that a hydrogeological and terrain analysis study be carried out to determine the cumulative impact of the existing development prior to recommending any further consents.

6.3.2.6 Generally, the division of land by consent is intended for the creation of a limited number of lots. Where more than three lots (excluding the retained lot) have been created or are proposed to be created from an original parcel of land as it existed on January 1, 1979, development shall occur by plan of subdivision, pursuant to the policies of this Plan. 5. large properties which front on two or more roads, such as through lots, where along each road frontage can be considered on its own merits because of the distance separating the respective areas to be development

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There have been five (5) previous consents from this landholding, all in 1983. The Hydrogeological Assessment was submitted to address the Official Plan policies contained within Section 6.3.2.6. The Hydrogeological Assessment has undergone a Peer Review and the reviewer accepts the findings of the report. Recommendations have been proposed to be included as conditions.

The previous consents from this landholding were created along Code Road and Drummond Concession 6.

As indicated on the Local Official Plan, the retained lands do fall within 500 m of Waste Disposal Facility. However, the proposed lots to be created are not within the 500 m, the application notes that the proposed lots are approximately 1.4 kilometres from the Waste Disposal Facility.

The William Ireton Drain also traverses the retained lands. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – September 12, 2018 Chris Clarke, agent attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, entrance permits, development agreement, etc. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the

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proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. B18/028, B18/029 and B18/030 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Drummond/North Elmsley. 4. The applicants shall satisfy all the requirements of the Township of Drummond/North Elmsley, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide the Township of Drummond/North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 6. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Drummond/North Elmsley in this regard. 7. The applicant shall obtain a Civic Address Number from the Township of Drummond/North Elmsley. The applicant shall consult directly with the Township in this regard. 8. Sufficient land for Road Widening purposes shall be deeded to the Township of Drummond/North Elmsley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required 9. The applicant shall, at their sole expense enter into a Development Agreement with the Township of Drummond / North Elmsley. The wording of the agreement shall be satisfactory to the Municipality and to the Mississippi Valley Conservation Authority and shall address the recommendations outlined in the Hydrogeological Assessment prepared by BlueMetric Environmental, dated, May 24, 2018 and contain the recommendations of the peer review letter prepared by Claire Milloy and dated, June 1, 2018. 10. A letter shall be received from the Township of Drummond / North Elmsley stating that condition # 3 through #9 has been fulfilled to their satisfaction.

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11. A letter shall be received from the Mississippi Valley Conservation Authority stating that condition # 9 has been fulfilled to their satisfaction. NOTES 1. The Ministry of Transportation will require MTO Building and Land Use permits to be obtained for any construction or demolition on any of the severed or retained lots as the subject lands fall within the Ministry’s permit control area as defined by the Public Transportation and Highway Improvement Act R.S.O. 1990. Permits can be obtained by visiting MTO’s highway corridor management online permitting system: https://www.hcms.mto.gov.on.ca.

2. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Nancy Button and William Huiskamp Hearing Date: September 11, 2018

Applicant: Nancy Button and William Huiskamp LDC File #: B18/034 and B18/035

Municipality: Tay Valley Township Lot: 7 Conc.: 8

Geographic Township: Bathurst Consent Type: New Lot / Easement

Roll Number: 0911-916-020-22000

Purpose and Effect: B18/034: To sever a 1.6-ha lot with an existing house and garage and to retain a 34.4 vacant lot. B18/035: To sever a 1.4-ha vacant lot and retain a 34.4-ha vacant lot

DETAILS OF PROPOSAL Lands to be Lands to be Lands Retained Severed Severed B18/034 B18/035

Existing Use Residential Vacant Vacant Proposed Use Same Residential Residential Area 1.6 ha 1.4 ha 34.6 ha Frontage 77 m 67 m 166 m Depth 211 m 211 m 395 m Road - Access to McVeigh Road McVeigh Road McVeigh Road Water Supply Existing well Proposed well Proposed well Sewage Disposal Existing septic Proposed septic Proposed septic Zoning By-law Category RU RU RU -Area (minimum) 1 ha 1 ha 1 ha -Compliance? Yes Yes Yes -Frontage (minimum) 60 m 60 m 60 m -Compliance? Yes Yes Yes Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding

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development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 3.0 Rural, Section 3.4 Provincially Significant Wetlands, Section 2.17 Public Road Access, Section 4 Transportation, Section 5.2 Land Division. The Township of Tay Valley advises that the proposal conforms to the designation and policies of the Official Plan. Zoning By-law Section 3.0 General Provisions, Section 10 Rural Zones. The Township of Tay Valley advises that the proposal complies with the zoning by- law regulations.

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(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report BACKGROUND The proposal in B18/034 and B18/035 is to sever two rural lots from a 36-ha parcel. Application B18/034 proposes to sever a 1.6-ha lot with 77 m of road frontage, the severance will include the existing house and garage. Application B18/034 proposes to sever a 1.4-ha vacant lot with 67m frontage. As a result of the two severances the retained parcel will be 34.6-ha with 166 m of road frontage and 395m of frontage along Bennett Lake. A house and garage are being proposed on the retained lands.

DISCUSSION Consistent with Provincial Policy Statement Yes Conforms to Official Plan Yes Complies with Zoning By-Law Yes Recommend consent for this application Yes Recommended Conditions for each severance: Payment of all taxes owing • Payment of all costs incurred by the Township for review • Two copies of the Deed/Transfer • Two copies of the reference plan • Payment of Cash-in-Lieu of Parklands • That development or site plan control agreements be required on the undeveloped proposed lot and on the retained lot. • Confirmation of the title of the road adjacent to the proposed severances

PROVINCIAL POLICY STATEMENT No concerns. COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed severances and retained parcel are designated Rural in the Official Plan.

ZONING BY-LAW The zoning is Rural (RU) with a small portion of the retained lands zoned Seasonal Residential (RS). A minimum lot area of 1 ha and 60 m of road frontage is required for each new rural lot. The proposed severances and retained lands meet the minimum lot area and road frontage requirements for the Rural zone. The owner must obtain a zoning amendment for the retained lands to ensure the retained parcel is zoned entirely in the Rural zone. The proposed location of the residential development is located in the area currently zoned as Seasonal Residential

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MISSISSIPPI VALLEY CONSERVATION AUTHORITY (MVCA) No objections if the wetland on Lot A remains undisturbed and the wetland, and the vegetation around the wetland on lot B remain undisturbed for a depth of 15m. Additional comments were provided for any future development on B18/035 and the retained parcel including retention of vegetation that should be incorporated- into development or site plan control agreements.

PUBLIC One letter was received from the neighbour across the road who expressed concern that the Township was permitting strip development that would degrade the quality of the rural landscape and add traffic and potentially impact waste disposal all to the detriment of their property value. It should be noted that one of the proposed severances currently has an existing dwelling setback approximately 130 m from the road behind tree cover. The other proposed severance also has considerable tree cover and a development agreement could be proposed to retain the tree cover as a screen to mitigate strip development. Development on the retained lot is proposed at the very north end of the property on Bennett Lake so it will not be visible from the road.

CONCLUSION The Planner recommends that the consents be granted, subject to the conditions and advisory notes listed in the Staff Recommendation section above.

Tay Valley Township Recommendations

1.That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. That, the applicant pay any outstanding fees to the Township prior to final approval. 3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, payment of $200.00 for each new parcel shall be made to the Township representing Cash-in-lieu of Parklands. 5. That, development or site plan control agreements shall be required on the undeveloped proposed lot and on the retained lot. 6. That, the applicant shall obtain a Civic Address Number for the undeveloped severed and retained lands. 7. That the applicant shall submit full entrance applications to the Township and install the entrances as required in the permit.

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Conservation Authority – MVCA Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted applications to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL It is our understanding that the purpose of the subject applications is to sever (1) vacant lot of 1.4 ha (Lot B) and (1) developed lot of 1.6 ha (Lot A). The retained is vacant with a proposed area of area of 34.6 ha and 395 m of water frontage.

PROPERTY CHARACTERISTICS According to a review of GIS mapping and aerial imagery, as well as a site visit, the following natural features have been identified on the subject property;

Retained lands: • Water frontage on Bennett Lake • Wetlands: One wetland extends from the shoreline of the lake, along a large portion of its water frontage. A small section of another wetland extends from the neighboring property across the east property line. A small section of a third wetland extends from the neighboring property across the west property line. A fourth wetland spans across the width of the retained land. An existing road travels through this wetland. • Watercourses: Four branches of an unnamed watercourse flow through the retained lands.

Severed Lands: • One wetland extends across both proposed severed parcels, Lot A and Lot B. • The most southerly watercourse on the retained land continues to flows across the southwest corner of Lot A. While not mapped, it was observed during a site visit.

We also note that an access road has been created through the retained lands to access a building envelope approximately 40 m from the lake. The shoreline appears to have remained well vegetated in its natural state.

REVIEW Natural Heritage Values Wetlands Wetlands have been identified on the proposed retained lands and one on both proposed severed lands. On the retained lands, all wetlands identified, as well as

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their 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of the wetland, is required for any new development or site alteration (including crossings and road improvements). Sufficient area appears to exist on the retained lands for potential future development in compliance with this setback.

On the severed lands, the identified wetland is not regulated by MVCA, and we understand that it has not been mapped or evaluated by the Ministry of Natural Resources and Forestry as a significant natural heritage feature as defined in the Provincial Policy Statement (PPS). However, given the numerous benefits of all wetlands, MVCA strongly encourages their preservation. Therefore, a development setback of a minimum 30 m is recommended from this wetland. No impacts to this feature are anticipated given that Lot A is already developed and sufficient area appears to exist on Lot B in compliance with the recommended setback.

We note that a permit was recently issued by MVCA (W18/065) to add fill to the existing laneway that crosses the most southerly wetland on the retained lands.

Watercourse and Waterbody Unnamed watercourses have been identified on the proposed retained lands, and one flowing through the south west corner of Lot A. In addition, the retained lands have frontage on Bennett Lake. In accordance with the municipalities' planning documents, as well as guidelines prepared in support of the PPS, a minimum development setback of 30 m is required from these features. Sufficient area appears to exist to achieve a 30 m development setback from the watercourses and the lake, on the retained lands and Lot B. Lot A is already developed with no new development proposed at this time.

In addition, any alteration to the shoreline of these watercourses requires permission from MVCA, pursuant to Ontario Regulation 153/06. We note that MVCA Permit #W18/065 included permission to replace a culvert within one of the watercourses on the retained lands.

Natural Hazards Organic soils are generally associated with wetlands. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for development on the resulting lots, beyond organic soils.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following is implemented for future development:

Lot A: The wetland shall remain undisturbed.

Lot B 1. Future development, including a septic system shall be setback a minimum of 30 m from the wetland.

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2. The shoreline vegetation surrounding the wetland shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetland, or onto adjacent properties. 4. Future development shall be directed away from wetland areas consisting of organic soils. 5. The wetland shall remain undisturbed. 6. Access to a building envelope should be achieved in a manner that minimizes any disturbance to the wetland.

Retained Lands 1. Future development, including a septic system shall be setback a minimum of 30 m from the lake, wetlands, and watercourses. 2. The shoreline vegetation surrounding the wetlands and watercourses shall be retained to a minimum depth of 15 m. 3. With the exception of a maximum 9 m wide clearing for water access along Bennett Lake, the existing vegetation shall be maintained to a minimum depth of 15 m. This effort will help to mitigate the effects of erosion and surface runoff on the lake. In addition, access to the lake should be directed away from the wetland that borders a significant portion of the lake frontage. 4. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetlands, lake, watercourses, or onto adjacent properties. 5. Future development shall be directed away from wetland areas consisting of organic soils. 6. The wetlands shall remain undisturbed

NOTES With respect to comments relating to Species at Risk, we suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard. The applicant should be advised that a portion of the retained land is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any alterations to the shoreline of the watercourse or waterbody. A permit is also required for any development or interference within 30 m of the wetlands identified on the retained lands. Permission is also required from MVCA prior to any alteration to the shoreline of the watercourse that flows through Lot A. In addition, we advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the identified watercourses and waterbody, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

Septic Office – MRSSO B18/034 A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). A site visit was conducted May 24, 2018.

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The applicant proposes to sever approximately 1.6 ha parcel from the retained parcel to create a new lot. The parcel fronts on McVeigh Road; it is developed with a dwelling and detached garage. The dwelling is serviced by a Class 4 sewage system from 2002 and re-inspected in 2011. The parcel is well treed with a local wetland between the dwelling and the road. No test pits were provided.

The retained parcel is approximately 34.4 ha. The parcel is vacant with areas of forested land, open fields, many small wetland areas and abuts Bennett Lake to the north. The proposed use is to develop the retained parcel with a dwelling and garage. No test pits were provided.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

B18/035 A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). A site visit was conducted May 24, 2018.

The applicant proposes to sever approximately 1.4 ha parcel from the retained parcel to create a new lot. The parcel fronts on McVeigh Road; it is vacant with open land near the road, partial tree cover and a wetland area towards the rear boundary. No test pits were provided.

The retained parcel is approximately 34.6 ha (as per the application). The parcel is vacant with areas of forested land, open fields, many small wetland areas and abuts Bennett Lake to the north. The proposed use is to develop the retained parcel with a dwelling and garage. No test pits were provided.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – There is no Hydro One owned plant on the property.

However, there is a private line going through the future lots. The customer may want to look into getting their own agreements for this line.

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Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT Written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended.

Dear Ms. Julie Stewart: This letter is in response to your notice dated July 5, 2018 regarding the above noted file. My wife Connie and I have previously lived in Drummond North Elmsley Township for 20 years and have seen first hand the degradation of rural life caused by indiscriminate severances to accommodate strip housing on previously unspoiled rural land. We chose to move to Tay Valley Township in 2010 because of its reputation for careful and responsible severing of lots and responsible planning practices. The official plan of our township calls for the rural areas to remain rural and that new houses are to be built near hamlets or villages. Currently in our neighbourhood, from 1247 McVeigh Road to 1580 McVeigh Road, (a span of 1.5 kilometers) there are 11 houses. Adding more houses will increase traffic and further strain our waste disposal resources. It will also compromise our quality of life and reduce the property value and the charm of this rural area. Please notify us in writing of the decision of the Land Division Committee. We request that you disallow this application for the two severances which are directly across the road from our farm. Philip Beere, Connie Beere (d) PLANNING REVIEW Background and Summary The applicant proposes to create a new lot containing the existing dwelling, create a new 1.4ha building lot and the retained land will also permit a residential use on a large landholding. Road Access The lands are accessed via McVeigh Road, a municipal road. Natural Heritage See MVCA comments in regards to wetlands and watercourses. Agricultural Operations The application notes that there are agricultural buildings within 500 m of the subject land. MDS data sheet was provided and is attached to the application for neighbouring properties containing barns. Firstly, an existing barn housing one horse and a second existing barn housing six sheep. The application notes that the actual distances exceed the MDS requirements. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also

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be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: No information available on NHIC

Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Tay Valley Official Plan Policies for the Division of Land are found in Section 5.2 of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of land, including: size and setbacks appropriate to zoning designations, frontage on existing public roads (or existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991. 3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies have been established by Tay Valley Township. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the

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County Official Plan and Official Plan for Tay Valley Township and could be given favourable consideration. (e) MINUTES – September 11, 2018 Nancy Button, owner attended the hearing and gave evidence under oath. Phil Beere, neighbour attended the hearing and gave evidence under oath. Mr. Beere resides at1379 McVeigh Road, lives directly across the road from the proposed lots. Mr. Beere provided a written submission on the issues of the number of houses on the road, the concern of the amount of development occurring in the rural area Chair Strachan advised about Township policies and provincial policies that the LDC has regard to in making their decision. These proposed lots comply with the Township policies. Chair Strachan advised that Mr. Beere should talk with the Township in regards to the lot sizes and frontages if he feels they are not large enough. Mr. Murphy asked about the existing access to the lot across the retained land. Ms. Button advised that as a request of the Township, she made the lots square and needs to put in a new entrance to the existing house and the new lot. Ms. Button commented that she has been working with the Township Planner on these consent applications. The Committee considered the comments made by Mr. Beere, but the effect did not influence the decision of the Committee. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act. B18/034 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any

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local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 6. The applicant shall provide the Township with a copy of the deed/transfer for the property. 7. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 8. The applicant shall submit a full and complete entrance permit application to the Township and install the entrance as required in the permit. 9. A letter shall be received from Tay Valley Township stating that condition # 3 through #8 has been fulfilled to their satisfaction.

NOTES 1. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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B18/035 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of Tay Valley Township, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 6. The applicant shall provide the Township with a copy of the deed/transfer for the property. 7. That the applicant enter into a Development Agreement and/or Site Plan Agreement with Tay Valley Township. The wording of the agreement shall be acceptable to the Municipality and shall address the concerns of the Conservation Authority as outlined in their letter dated July 5, 2018. 8. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 9. The applicant shall submit a full and complete entrance permit application to the Township and install the entrance as required in the permit. 10.A letter shall be received from Tay Valley Township stating that condition # 3 through #9 has been fulfilled to their satisfaction. 11.A letter shall be received from the Mississippi Valley Conservation Authority stating that condition # 7 has been fulfilled to their satisfaction. NOTES 1. Mississippi Valley Conservation Authority advises that in the event of future development on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the lake, watercourse and wetland.

2. The shoreline vegetation surrounding the wetland and watercourse shall be retained to a minimum depth of 15 m.

3. With the exception of a maximum 9 m wide clearing for water access along Bennett Lake, the existing vegetation shall be maintained to a minimum depth of 15 m. This effort will help to mitigate the effects of erosion and surface

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runoff on the lake. In addition, access to the lake should be directed away from the wetland that borders a significant portion of the lake frontage.

4. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetland, lake or watercourses or onto adjacent properties.

5. Future development shall be directed away from wetland areas consisting of organic soils.

6. The wetland shall remain undisturbed.

2. The Mississippi Valley Conservation Authority advises that, a portion of the retained land is regulated by Ontario Regulation 153/06 – “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. A permit is required from MVCA prior to any alterations to the shoreline of the watercourse or waterbody. A permit is also required for any development or interference within the 30 m of the wetlands identified on the retained lands. Permission is also required from MVCA prior to any alteration to the shoreline of the watercourse that flows through Lot A.

3. The Mississippi-Rideau Septic Office advises that all new septic systems should be located >30 meters from a surface water body and respect all required Ontario Building Code setback and construction requirements. 4. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of

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the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

i) Defer - with reasons / matters to be addressed prior to reconsideration and date to which the matters/reasons must be completed. ii) Refuse – with reasons

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Shane Willows and Kevin Willows Hearing Date: September 11, 2018

Applicant/Agent: ZanderPlan Inc. LDC File #: B18/036, B18/037, B18/038

Municipality: Drummond/North Elmsley Lot: 2 Conc.: 9

Geographic Township: Drummond Consent Type: New Lots

Roll Number: 0919-919-020-08000

Purpose and Effect: The purpose is to create 3 new lots each 0.61-ha and to retain a 40.8-ha lot with existing dwelling and large storage barn. B18/036: To sever a 0.61-ha vacant lot with 50 m frontage. B18/037: To sever a 0.61-ha vacant lot with 50 m frontage. B18/038: To sever a 0.61-ha vacant lot with 50 m frontage. Retained - 40.8-ha lot with an existing dwelling and large storage barn.

All of the proposed lots are the same dimensions and lot area. The lots are currently vacant and are to be created for residential purposes to be serviced by individual private wells and individual private septic systems. All of the lots propose access onto Drummond Concession 10A, a municipal road.

The lands to be retained contain an area of 40.8 ha and will retain 257.5 m of frontage on Drummond Concession 10A. The retained lands contain a dwelling and large storage barn with frontage and access on Drummond Concession 9A. (3188 Drummond Con 9A. Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features

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and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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 County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan – Section 3 General Provisions, Section 4.3 Rural Policies, Section 6.3 Division of Land, Section 6.12 Source Water Protection. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the official plan.

Zoning By-law – Section 4 General Provisions, Section 7 Rural Zone, The Township of Drummond/North Elmsley advises that the proposal complies with the zoning by-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report REVIEW OF PROPOSAL AND APPLICATION An application for consent B18/036, B18/037 and B18/038 has been received from the County of Lanark Land Division Committee for the creation of three residential lots for lands legally described as Part Lot 2, Concession 9, geographic Township of Drummond. The purpose of the application is to sever

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three O.61-ha vacant lots and to retain a 40.8-ha landholding with an existing dwelling and large storage barn, municipally known as 3188 Drummond Con. 9A.

Section (4.3.1) is supportive of "limited" residential development provided that it is appropriate and compatible in its rural setting. Staff recognize that the addition of three rural-residential building lots would be considered 'rural' and that the development would be compatible with the rural character of the surrounding area as there are other rural-residential properties located along Drummond Concession 10A Road.

The proposed severed lot would be serviced by private well and septic. Permits from the Health Unit would be required prior to any new development.

The proposed development is in good keeping with the compatibility between the surrounding land uses and does not present adverse environmental impacts.

ZONING The subject property is zoned as Rural (RU) in the Township's zoning by-law. The proposal meets the minimum frontage and area requirements of the RU zone and meets all other provisions of the Zoning By-law. As a result of the proposed lot, the retained lands will continue to maintain their conformity to the Rural zone. Drainage Act While not provided for in policy in the Official Plan, staff note that the severed and retained lands are identified as being serviced by the Duby Mclntrye Municipal Drain.

As such, potential obligations as beneficiaries under the Drainage Act may arise at some point in the future jf the Drain is worked on and this could affect future owners of any of the resultant lots. It is therefore recommended that purchasers be advised of this possibility as a note on the Title to each of the lots.

Township of Drummond / North Elmsley Recommendations: 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township;

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2. The Applicant shall provide the Township with a registered copy of all reference plans associated with this application (in both paper and electronic format). 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. The applicant shall obtain a Civic Address Number from the Township. The applicant shall consult directly with the Township in this regard; 5. The applicant shall obtain an entrance location permit from the Township; 6. That sufficient lands be deeded to the Township along the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality's title ;s free and clear of all encumbrances and that the municipality has a good and marketable title; The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required; 7. The Applicant shall register Notice on Title the following wording: TAKE NOTICE that this lot is located within an area served by the Duby Mcintyre Municipal Drain. As such, property owners may be required from time to time to contribute financially to the upkeep of the drainage works as per the Drainage Act

PROPOSAL It is our understanding that the purpose of the subject applications is to sever (3) vacant parcels of land each with a proposed area of 0.6 ha. The resulting retained land is developed with a dwelling and storage barn, with a proposed area of 39.6 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, a municipal drain referred to as the Duby McIntyre Municipal Drain flows through the retained lands. The drain is classed as F, with no fish habitat identified. In addition, a portion of an unclassified wetland extends into the eastern section of the retained lands. No significant natural heritage features or natural hazards were identified on the proposed severed lands.

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REVIEW Natural Heritage Features Wetland A wetland has been identified extending across the east lot line of the retained lands. This wetland, as well as its 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of the wetland, is required for any new development or site alteration.

Municipal Drain A municipal drain flows through the northern section of the retained lands. A minimum development setback of 15 m is recommended from municipal drains that do not consist of fish habitat.

Discussion Given that the retained lands are already developed with no development proposed at this time, impacts to the above noted features are not anticipated as a result of the subject applications.

Natural Hazards Organic soils have been identified on the retained lands in association with the wetland. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, any potential future development should be directed outside of d1ese areas unless supported by acceptable engineering techniques.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject applications.

A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Septic Office - Leeds, Grenville & Lanark District Health Unit

Same comments for each application

General Description Severed – a 1.5 acre parcel of land with no existing buildings. Relatively flat fields with trees along the perimeter.

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Recommendation Severed – additional sandy loam fill may be required from the installation of the proposed septic system.

Retained – a 97.9 acre parcel of land with an existing house, garage (SRJ Repairs), septic system and well towards south end of property. Cluster of trees and low vegetation in the middle of the property. Variable soil depth throughout the property.

Recommendations Retained – no signs of malfunction on existing septic system at time of inspection. Existing septic system will not be negatively affected by the proposed septic system.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Natural Heritage See MVCA comments.

Agricultural Operations No agricultural operations currently housing livestock noted within 500 m of the subject property. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil.

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Soils Inventory (on area of lots to be severed not retained) – Name: Monteagle and North Gower - Stoniness: very stony - CLI: 4 – limitations - Drainage: imperfect - Hydrogeology: moderate Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Bobolink THR Eastern Meadowlark THR

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strip development pursuant to the policies of Section 6.3.2.3 and 6.3.2.4.

Attached to this report is an image from CGIS indicating the existing developed area. The lands are in an area with a few residential dwellings and land used for farming, field crops.

From the drape imagery and base maps, the area of the proposed lots appears to be in a treed area and not within the open fields.

This policy is not applicable in this situation.

The municipality did not request the submission of a hydrogeological assessment with the application or as a condition of consent.

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There have been no previous consents from this landholding. The lot is a large lot with frontage on two municipal roads.

The Duby McIntyre Municipal Drain also traverses the retained lands. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – September 11, 2018 Chris Clark, agent attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions Mr. Guthrie asked about the water in the area and if any consideration Asked about the municipal drain. Ms. Stewart advised that there is a condition in regard to this. Committee commented on the concern with water in the area, and the number of lots in the area. A condition was included to address this. B18/036, B18/037 and B18/038 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. That prior to final approval, the Owner(s) provide certification to the Lanark County Land Division and the Township of Drummond / North Elmsley that a well has been constructed on the property and that the quality and quantity of the water meets the Ministry of Environment and Climate Change, Regulations, Standards, Guidelines and Objectives. The certification must be prepared by a qualified Professional Engineer, or Professional Geoscientist and it is the

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Owner’s/Applicant’s responsibility to coordinate the company/person drilling the well and the professional noted herein in order to properly satisfy this condition. Alternatively, should the Owner/Applicant not wish to proceed with the drilling of the well at this time, the owner/applicant shall prepare a “Scoped Hydrogeological Evaluation Report” by a Professional Engineer, or Professional Geoscientist to demonstrate a favourable groundwater quantity assessment, groundwater quality assessment, terrain evaluation and water quality impact risk analysis in accordance with the “Scoped Hydrogeological Report Requirements” guidelines dated July 2, 2015. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township of Drummond/North Elmsley. 5. The applicants shall satisfy all the requirements of the Township of Drummond/North Elmsley, financial and otherwise, that may be required under established by-laws for consent applications. 6. The applicant shall provide the Township of Drummond/North Elmsley with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 7. The applicant shall confirm that a residential entrance to the subject lot is viable. The applicant shall consult directly with the Township of Drummond/North Elmsley in this regard. 8. The applicant shall obtain a Civic Address Number from the Township of Drummond/North Elmsley. The applicant shall consult directly with the Township in this regard. 9. Sufficient land for Road Widening purposes shall be deeded to the Township of Drummond/North Elmsley by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Roads Superintendent shall be consulted prior to commencing a survey to determine the amount, if any, of road widening required 10. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following “take notice that this lot is located within an area serviced by the Duby Mcintyre Municipal Drain. As such, the property owners may be required from time to time to contribute financially to the upkeep of the drainage works as per the Drainage Act.” 11. A letter shall be received from the Township of Drummond / North Elmsley stating that condition #3 through #8 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Velma Larmon Hearing Date: September 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/041

Municipality: Tay Valley Township Lot: W. Pt. Lot 22 & E Pt. Lot 23 Conc.: 4

Geographic Township: Bathurst Consent Type: New Lot

Roll Number: 0911-916-015-48200

Purpose and Effect: To sever a 4.05-ha parcel of land with an existing dwelling and outbuilding and to retain a 36.94-ha vacant parcel of land.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Residential Vacant Proposed Use Residential Vacant Area 4.05 ha 36.94 ha Frontage 160.7 m 221.5 m Depth 215 m Irregular Road - Access to Clarchris Road Clarchris Road Water Supply Existing well Proposed well Sewage Disposal Existing septic Proposed septic Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Rural (see below for other ) Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public

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health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan– Section 2 General Development Policies, Section 2.17 Public Road Access, Section 3.6 Rural, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 10 Rural Zone. Tay Valley Township advises that the proposal conforms to the Zoning By-law.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report The proposal in B18/041 is to sever a 4.05-ha parcel of land with 160m frontage and an existing dwelling and outbuilding with and to retain a 36.94-ha vacant parcel of land with 221 m of frontage

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PROVINCIAL POLICY STATEMENT No concerns.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed severance is designated Significant Woodland - Rare Tree Species in the Official Plan. The retained parcel is designated Significant Woodland - Rare Tree Species, Organic Soil and Natural Heritage Feature. The proposed severed lot is already developed with no further plans for development. There is a development area along Clarchris Road outside of the rare tree species and organic soils and natural heritage designations.

ZONING BY-LAW The zoning of both the severed and retained lands is Rural (RU). A minimum lot area of 1 ha and 60 m of road frontage is required for each new rural lot. The proposed severance and retained lot meet the minimum lot area and road frontage requirements for the Rural zone.

RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) No comments have been received as of the writing of this report.

MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) The MRSSO has no objections to the severance as proposed. The MRSSO is satisfied that the proposal provides sufficient area for a Class 4 sewage system and will not interfere with the ability to install, replace, operate or maintain an OBC compliant sewage system greater than 30m from a surface water body, on either the severed or retained lots.

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3. That, two (2) copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, payment of $200.00 for each new parcel shall be made to the Township- representing Cash-in-Lieu of Parklands. 5. That, the applicant shall obtain a Civic Address Number for the undeveloped severed and retained lands. 6. That the applicant shall submit full entrance applications to the Township and install the entrances as required in the permit."

Conservation Authority – RVCA The RVCA has no objections to the above noted severance.

The parcel is developed with a dwelling and an outbuilding. A sewage system permit from 1990 is on record for the dwelling. The proposed parcel is well treed from the dwelling towards the east and has an area of open fields towards the north. No test pits were provided.

The retained parcel is approximately 36.94 hectares. It is vacant with an area of open field near Clarchris Road. Progressing towards northern boundary there are areas of local wetland and forest. No test pits were provided.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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(d) PLANNING REVIEW Background and Summary The applicant proposes to create a new lot containing the existing dwelling. Severance History B1990/414 created the lot known municipally as Bathurst Concession 5B. B1994/176 created the lot known municipally as 664 Clarchris Road. Road Access The lands are accessed via Clarchris Road, a municipal road. Natural Heritage The application sketch indicates Significant Woodlands – Rare Trees on the lot to be severed. The existing house is located outside of this area. The retained lands contain Significant Woodlands. Agricultural Operations No agricultural operations currently housing livestock noted within 500 m of the subject property. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Eastern Meadowlark THR Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official Plan Tay Valley Official Plan Policies for the Division of Land are found in Section 5.2 of the OP. The division of land by the consent process is intended for the creation of not more than three (3) new lots. A number of ‘general policies’ also apply to the division of land, including: size and setbacks appropriate to zoning designations, frontage on existing public roads (or

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existing private road for waterfront development), studies as required, MDS separation. The lot creation date for Tay Valley is January 1, 1991 3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies have been established by Tay Valley Township. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for Tay Valley Township and could be given favourable consideration. (e) MINUTES - September 11, 2018 Chris Clark, agent, attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions. B18/041 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of Tay Valley Township of, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 6. Payment shall be made to the Tay Valley Township representing the amount

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satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 7. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 8. The applicant shall submit a full and complete entrance permit application to the Township and install the entrance as required in the permit. 9. A letter shall be received from Tay Valley Township stating that condition #3 through #7 has been fulfilled to their satisfaction. NOTES 1. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Sandra Parks Hearing Date: September 11, 2018

Applicant: Spencer Parks LDC File #: B18/050

Municipality: Tay Valley Township Lot: 13 & 14 Conc.: 7

Geographic Township: South Sherbrooke Consent Type: New Lot

Roll Number: 0911-914-010-06315

Purpose and Effect: To sever a 8.65-ha vacant lot and to retain a 51.04-ha lot with an existing barn and shed.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Barn, shed Proposed Use Residential Same Area 8.65 ha 51.04 ha Frontage 337 m 267 m Depth 227 m 855 m Road - Access to Bolingbroke Rd Bolingbroke Rd Water Supply Proposed well N/A Sewage Disposal Proposed septic N/A Zoning By-law Category Rural Rural -Area (minimum) 1 ha 1 ha -Compliance? Yes Yes -Frontage (minimum) 60 m 60 m -Compliance? Yes Yes Official Plan Designation: Conformity: (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public

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health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan Section 2 General Development Policies, Section 2.17 Public Road Access, Section 3.6 Rural, Section 5.2 Land Division. Tay Valley Township advises that the proposal conforms to the designations and policies of the Official Plan.

Zoning By-law – Section 3 General Provisions, Section 10 Rural Zone. Tay Valley Township advises that the proposal conforms to the Zoning By-law

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report BACKGROUND The proposal in B18/050 is to sever a 8.65-ha parcel of vacant land and to retain a 51.04-ha parcel of land with an existing barn and shed.

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PROVINCIAL POLICY STATEMENT No concerns. The wetlands on the property are not Provincially Significant.

COUNTY SUSTAINABLE COMMUNITY PLAN No concerns.

OFFICIAL PLAN The proposed severance is designated Rural in the Official Plan. The north- eastern portion of the retained lands is part of the Maberly Hamlet.

ZONING BY-LAW The zoning of both the severed and retained lands is Rural (RU).

A minimum lot area of 1 ha and 60 m of road frontage is required for each new rural lot. The proposed severance and retained lot meet the minimum lot area and road frontage requirements for the Rural zone.

MISSISSIPPI VALLEY CONSERVATION AUTHORITY (MVCA) No objections. MVCA regulates the two larger wetlands on the property and requires a 30m setback. A 30 m setback is also required from the watercourses on the property. Sufficient area appears to exist for a development area that meets these setbacks. Development should be directed outside areas of organic soils.

CONCLUSION The Planner recommends that the consent be granted, subject to the conditions and advisory notes listed in the Staff Recommendation section above.

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Tay Valley Township Recommended Conditions 1.That, the balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 2. That, the applicant pay any outstanding fees to the Township prior to final approval. 3. That, two (2)copies of an acceptable reference plan (or legal description) and transfer document be submitted to the Township. 4. That, payment of $200.00 for each new parcel shall be made to the Township representing Cash-in-Lieu of Parklands. 5. That, the applicant shall obtain a Civic Address Number for the undeveloped severed and retained lands. 6. That, the applicant shall obtain an entrance permit from the County off of Bolingbrooke Road."

Conservation Authority – MVCA

Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion.

PROPOSAL It is our understanding that the purpose of the subject application is to one vacant parcel of land with a proposed area of 8.65 ha. The resulting retained land is developed with a barn and shed, with a proposed area of 51.04 ha.

PROPERTY CHARACTERISTICS According to a review of available GIS mapping and aerial photography, a large portion of two wetlands occupy the northwest and southwest corners of the retained lands. One smaller wetland exists in between the two larger wetlands. The headwaters of an unnamed watercourse flow through the retained lands. The headwaters of a second unnamed watercourse flows through the severed lands and onto the retained lands.

REVIEW Natural Heritage Features Watercourses A minimum development setback of 3m is recommended from any watercourse, including the unnamed watercourses identified on the retained and severed lands.

Wetland The two larger wetlands identified on the retained lands, as well as their 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of the wetland,

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is required for any new development or site alteration. The third smaller wetland is not regulated by MVCA; however, given the numerous benefits of all wetlands, MVCA encourages a minimum development setback of 30 m.

Discussion Sufficient area appears to exist on the resulting lots for development in compliance with a setback of 30 m setback from the wetlands and watercourses. Therefore, impacts to these features are not anticipated as a result of the subject application.

Natural Hazards Organic soils have been identified on the retained lands in association with the wetlands. Due to the poor drainage and unstable characteristics of these soils, they are not suitable for development. Therefore, development should be directed outside of these areas unless supported by acceptable engineering techniques. Sufficient area appears to exist for development on the retained land, beyond this hazard.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following mitigative measures are adhered to for future development on the resulting lots:

Severed 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourse. 2. The shoreline vegetation surrounding the watercourse shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the watercourse or onto adjacent properties.

Retained 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourses and wetlands. 2. The shoreline vegetation surrounding the wetlands and watercourses shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetlands, watercourses or onto adjacent properties. 4. Future development shall be directed away from wetland areas consisting of organic soils. 5. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m of the two larger wetlands.

NOTES The applicant should be advised that a portion of the retained and severed land is regulated by MVCA pursuant to Ontario Regulation 153/06 - "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses". A permit is required from MVCA prior to any development or site

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alteration in or within 30 m of the wetlands, or for any shoreline alterations to the watercourses. We advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work. A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard.

Lanark County Public Works Department Access (Entrance) to County Road Lands to be Severed - File # 2661 Applicant has an approved entrance location to the County Road, Application # 2661 relates. The entrance is to be installed prior to deed endorsement.

Lands to be Retained Applicant currently gains access from the local municipal road. Please note, the applicant is in discussions with Tay Valley Twp regarding the status of this local road. Direct access to the County Road has not been approved.

Land for Road Purposes Road Widening: Sufficient lands shall be deeded to "The Corporation of the County of Lanark" along the frontage of the lot to be severed to meet the municipality's road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality's road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County.

The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. If land is required, "In Preparation" Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and the municipality has a good and marketable title.

Road Closing: If former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the The Corporation of the County of Lanark" for the purposes of completing a road closing and transfer of the identified former road property.

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registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the "PIN" that is the county road, parallel to the frontage of the lands to be severed.

Septic Office – MRSSO A review of the Consent Application was conducted to ensure that the transferring of the subject lands will not impact the minimum requirements established in Part 8 of the Ontario Building Code (OBC). The applicant proposes to sever approximately 8.65 ha parcel from the retained parcel to create a new lot. The parcel fronts on Bolingbrooke Road; it is vacant with open land near the road and the rest of the parcel mostly treed/vegetated. The proposed use is to develop the parcel with a dwelling. No test pits were provided.

The retained parcel is approximately 51.04 ha (as per the application). The parcel is developed with a barn and other outbuildings. There are areas of open field, tree cover, wetlands and a large open waterbody. No test pits were provided.

Given the above information, our office has no objections to the severance as proposed. An approved septic permit is required prior to the issuance of most building permits.

Hydro One Networks – There is no Hydro One owned plant on the property.

Bell Canada R-O-W – No concerns or objections.

Natural Heritage See MVCA comments

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Agricultural Operations The applicant provided an MDS which shows the closest distance from the proposed use to the existing barn across the road as 186 m. There is area on the proposed lot to meet this setback. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: Snapping Turtle SC

3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Woodland Development Policies have been established by Tay Valley Township. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will

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be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for Tay Valley Township and could be given favourable consideration. (e) MINUTES – September 11, 2018 Spencer Parks, applicant, attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions B18/050 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of Tay Valley Township of, financial and otherwise, that may be required under established by-laws for consent applications. 5. The applicant shall provide Tay Valley Township with two (2) copies of an acceptable reference plan and transfer document. 6. Payment shall be made to the Tay Valley Township representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 7. The applicant shall obtain a Civic Address Number from Tay Valley Township. The applicant shall consult directly with the Township in this regard. 8. The applicant shall submit a full entrance application to the County of Lanark Public Works Department and install the entrance as required in the permit. The entrance is to be installed prior to deed endorsement. 9. The applicant shall provide the Lanark County Public Works Department with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office.

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10.Road Widening: Sufficient lands shall be deeded to “The Corporation of the County of Lanark” along the frontage of the lot to be severed to meet the municipality’s road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality’s road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. 11.The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. 12.If land is required, “In Preparation” Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. 13.Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the “The Corporation of the County of Lanark” for the purposes of completing a road closing and transfer of the identified former road property. 14. Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the “PIN” that is the county road, parallel to the frontage of the lands to be severed. 15.A letter shall be received from Tay Valley Township stating that condition #3 through #7 has been fulfilled to their satisfaction. 16.A letter shall be received from the County of Lanark Public Works Department stating that condition #8 through #14 has been fulfilled to their satisfaction. NOTES 1. Endangered Species Act, 2007, and Species at Risk in Ontario Background The ESA 2007 protects both species and habitat. Section 9 of the ESA “prohibits killing, harming, harassing, capturing, possessing, collecting, buying, selling, trading, leasing or transporting species that are listed as threatened, endangered or extirpated”. Section 10 of the ESA, 2007 prohibits damaging or destroying habitat of endangered or threatened species. Protected habitat is either based on general definition in the Act or prescribed through a regulation. The ESA 2007 defines general habitat as an area on which the species depends, directly or indirectly, to carry on its life processes, including reproduction, rearing, hibernation, migration or feeding. It is important to be aware that changes may occur in both species and habitat protection. The ESA applies to listed species on the Species at Risk in Ontario List (SARO). The Committee on the Status of Species in Ontario (COSSARO) meets regularly to evaluate species for listing and/or re-evaluate species already listed. As

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a result, species’ designations may change that could in turn change the level of protection they receive under the ESA 2007. Also, habitat protection provisions for a species may change e.g. if a species-specific habitat regulation comes into effect. The regulation would establish the area that is protected as habitat for the species. The Ministry of Natural Resources and Forestry continues to encourage ecological site assessments to determine the potential for SAR occurrences. When a SAR does occur on the site, it is recommended that the developer contact MNRF for technical advice and to discuss what activities can occur without contravention of the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement. 2. Mississippi Valley Conservation advises that in the event that shoreline work is proposed, written permission may be required from MVC pursuant to Ontario Regulation 153/06 - “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. A permit is required from MVCA prior to any alterations to the shoreline of the watercourse identified on these lands, and for any development or interference within the 30 m of the wetland. 3. Mississippi Valley Conservation Authority advises that in the event of future development on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourses and wetlands. 2. The shoreline vegetation surrounding the wetlands and watercourses shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetlands, watercourses or onto adjacent properties. 4. Future development shall be directed away from wetland areas consisting of organic soils. 5. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m of the two larger wetlands.

4. The Mississippi Valley Conservation Authority advises that consultation with Fisheries and Oceans Canada (DFO)[email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Martin Whyte Hearing Date: September 11, 2018

Applicant: Martin Whyte LDC File #: B18/059 and B18/060

Municipality: Drummond/North Elmsley Lot: 10 Conc.: 10

Geographic Township: Drummond Consent Type: New Lot

Roll Number: 0919-919-020-15700

Purpose and Effect: To create 2 new lots: B18/059: To sever 0.971-ha vacant lot for residential purposes. B18/060: To sever a 0.971-ha vacant lot for residential purposes. As a result of the above two consents, the retained lands will contain an area 39.25-ha vacant lot.

DETAILS OF PROPOSAL Lands to be Lands to be Lands Retained Severed Severed

Existing Use Vacant Vacant Vacant Proposed Use Residential Residential Vacant Area 1 ha 1 ha 39.25 ha Frontage 60 m 60 m 515m Depth Irregular Irregular 616 m Road - Access to Fergusons Falls Fergusons Falls Water Supply Proposed Well Proposed Well n/a Sewage Disposal Proposed Septic Proposed Septic n/a Zoning By-law Category RU RU RU -Area (minimum) .4 ha .4 ha 10 ha -Compliance? Yes Yes Yes -Frontage (minimum) 45 m 45 m 45 m -Compliance? Yes Yes Yes Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement – The following provides a summary of the Provincial Interests that were identified in reviewing the application:

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1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.6 Infrastructure and Public Service Facilities Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. 2.1 Natural Heritage Section 2.1.1 Natural features and areas shall be protected for the long term. Section 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. Section 2.1.4 through 2.1.8 addresses development constraints on natural features and areas. 2.2 Water Section 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water (set out in subsections (a) through (h). Section 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. 2.5 Mineral Aggregate Resources Section 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.

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Section 2.5.2.4 Mineral aggregate operations shall be protect 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. Section 2.5.2.5 In known deposits or mineral aggregate resources or on adjacent lands, development and activities which would preclude or under 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. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan – Section 3 General Provisions, Section 4.3 Rural Policies, Section 4.6, Section 6.3 Division of Land, Section 6.12 Source Water Protection. The Township of Drummond / North Elmsley advises that the proposal conforms to the designations and policies of the official plan.

Zoning By-law – Section 4 General Provisions, Section 7 Rural Zone. The Township of Drummond/North Elmsley advises that the proposal complies with the zoning by-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report Thank you for circulating the Township of Drummond/North Elmsley on this application. Township staff has reviewed the application with respect to its conformity with the Provincial Policy Statement, the Township's Official Plan and Zoning By-law.

Policy Review All new lot creation must comply with the Township's and County's Official Plan, be consistent with the 2014 Provincial Policy Statement and in keeping with the intent of the Zoning By-law. In regards to the Provincial Policy Statement, it is noted that the lands in question are not identified as a Prime Agricultural Area. It is also noted that two watercourses will flow through the retained lot.

Official Plan The subject land is a complying lot of record and is designated Rural in the Township's Official Plan. Two severances are proposed to give a total of 3 new lots. The severed lots are proposed for residential uses. The retained lot is to maintain its existing residential use.

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All lots will have frontage and access along Ferguson Falls Road. One historic severance is identified, dating from the early 1990s. The application(s) therefore represent the potential creation of the second and third lots related to this lot of record.

Consequently the application meets policy 6.3.2.6 of the Official Plan. The Township's mapping shows the entire lot of record to be designated Significant Woodland. Two watercourses and associated wetlands are also shown on the retained lot. Consequently an Environmental Impact Study (E.I.S.) was prepared by Pinegrove Biotechnical, dated May 2G, 2018. Staff are satisfied that the EIS is comprehensive in its review and addresses all salient concerns. The EIS contains specific recommendations related to any development on the retained and severed lots. Staff also note specific conditions of approval outlined by the Mississippi Valley Conservation Authority (M.V.C.A.) in this regard.

Notwithstanding the above, staff are satisfied that the proposal is in keeping with the provisions of the Township's Official Plan, subject to the implementation of the recommendations outlined in the May 20, 2018, E.I.S. and in the recommendations outlined in the July 24, 2018, correspondence from the M.V.C.A. in this regard as they pertain to the proposed retained lot.

Zoning By-law The subject lands are zoned Rural under the Township's Zoning By-law. Application B 18/059 proposes one 0.971 ha sized lot for residential uses. Application B 18/060 proposes one 0.971 ha sized lot for residential uses. The retained lot will be 39.25 ha in size and is also proposed for residential uses. Consequently Township staff are satisfied that the provisions of the Rural zone are met by these application(s).

Conclusion and Recommendation Township staff have no objection to the application(s) subject to the following specific and general conditions: With respect to the retained lot: 1) The applicant shall enter into a Development Agreement with the Township to acknowledge and implement the recommendations contained within the following reports and review comments: a. Submission of the Mississippi Valley Conservation Authority (July 24, 2018) b. Environmental Impact Study by Pinegrove Biotechnical, dated May 20, 2018

With respect to both severed lots: 1) The applicant shall enter into a Development Agreement with the Township to acknowledge and implement the recommendations contained within the following report: a. Environmental Impact Study by Pinegrove Biotechnical, dated May 20, 2018 General: 1) The balance of any outstanding taxes and fees owing shall be paid to the Township.

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2) The Applicant shall provide the Township with a registered copy (in digital and paper format) of all reference plans associated with this application if a survey is required by the Registry Office. 3) The Applicant shall obtain a Civic Address Number from the Township of Drummond/North Elmsley for the severed lots. The applicant shall consult directly with the Township in this regard.

Township of Drummond / North Elmsley 1) The applicant shall enter into a Development Agreement with the Township to acknowledge and implement the recommendations contained within the following report: a. Environmental Impact Study by Pinegrove Biotechnical, dated May 20, 2018. General: 1) The balance of any outstanding taxes and fees owing shall be paid to the Township. 2) The Applicant shall provide the Township with a registered copy (in digital and paper format) of all reference plans associated with this application if a survey is required by the Registry Office. 3) The Applicant shall obtain a Civic Address Number from the Township of Drummond/North Elmsley for the severed lots. The applicant shall consult directly with the Township in this regard.

PROPOSAL It is our understanding that the purpose of the subject application is to sever (2) vacant lots, each with an area of approximately 2.4 ac, and retain a vacant lot with an area of 97 ac.

PROPERTY CHARACTERISTICS According to a review of aerial imagery and GIS mapping, two unnamed watercourses flows through the proposed retained lands. Both watercourses flow through two large wetlands which exist on the retained lands. No significant natural heritage features or natural hazards were identified on the severed lands.

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REVIEW Natural Heritage Values Wetland Two large wetlands were identified in the retained lands. These wetlands, as well as their 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30m, measured from the boundary of the wetland, is required for any new development or site alteration.

Watercourses Two unnamed watercourse flows through each of the wetlands identified on the retained lands. In accordance with the municipalities' planning documents, and guidelines prepared in support of the Provincial Policy Statement (PPS), a minimum development setback of 30 m is required from these features.

Discussion Sufficient area appears to exist on the retained lands to accommodate new development with a setback of 30 m from the watercourses and wetlands identified. Therefore, impacts to these features are not anticipated as a result of the subject application.

Natural Hazards Organic Soils Due to the poor drainage and unstable characteristics of organic soils associated with wetlands, they are not suitable for development. Sufficient area appears to exist on the retained lands for future development beyond organic soils. Therefore, hazards are not considered a constraint to the subject application.

RECOMMENDATIONS AND CONCLUSIONS With all of the above in consideration, MVCA does not have any objection to the subject application provided the following is implemented on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourses and wetlands. 2. The shoreline vegetation surrounding the wetlands and watercourses shall be retained to a minimum depth of 15 m. 3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetlands, watercourses or onto adjacent properties. 4. Future development shall be directed away from wetland areas consisting of organic soils. 5. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m of the wetlands.

NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard. The property owner should be advised that written permission is required from MVCA prior to the initiation of any development (including construction and- filling

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activity (excavations, stockpiling and site grading)) in or within 30" m of the wetlands identified on the retained lands. Written permission is also required for any alterations to the shoreline of the watercourses identified on the retained lands. In addition, we advise consultation with Fisheries and Oceans Canada (DFO) [email protected] prior to conducting any work within the watercourses, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work.

Septic Office – Leeds, Grenville & Lanark District Health Unit

Same comments for both consent applications

General Description Severed – a 2.4 acre of land with no existing building. Various trees, grass and vegetation throughout the property. Relatively flat with varying soil.

Recommendations Severed – additional sandy loam fill may be required fo rhte installation of the proposed septic system.

General Description Retained – large 97 acres of land that is heavily wooded with no existing buildings. Varying slopes and soil depth throughout the property.

Recommendations Retained - additional sandy loam fill may be required for the installation of the proposed septic system

Lanark County Public Works Department – Access (Entrance) to County Road Lands to be Severed - File # B18/059 & B18/060 Applicant has an approved entrance location to the County Road, Application # 2665relates. The entrance is to be installed prior to deed endorsement.

Lands to be Retained Applicant has 2 existing field entrances. Should the applicant proceed with residential development in the future, an entrance must be applied for and approved prior to installation.

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approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and the municipality has a good and marketable title.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

Natural Heritage see MVCA comments. Agricultural Operations The applicant notes that there are no agricultural livestock facilities within 500 m. Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also

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2. Local Official Plan Drummond / North Elmsley Official Plan Polices for the Division of Land are found in Section 6.3 of the OP. Generally, the consent process will be used for the purpose of creating a limited number of lots. Where more than three (3) lots are proposed, development shall occur by plan of subdivision. A number of “general policies’ also apply to the division of land, including: hamlets are primary focus for development, no undue extension of major service required, supporting studies as required, must have existing public road frontage, size and setbacks appropriate to zoning designation, MDS separation, no development on lands subject to hazards, flooding etc. The lot creation date for Drummond / North Elmsley is January 1, 1979. 3. Woodlands The area has some land mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover.

Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lots meet the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of

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the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Drummond / North Elmsley and could be given favourable consideration. (e) MINUTES – September 11, 2018

Martin Whyte, owner attended the hearing and gave evidence under oath.

No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of entrance permit, survey, development agreement . The comments were addressed through conditions to approve / changes to the mapping or text, etc the application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

B18/059 and B18/060 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 4. The applicants shall satisfy all the requirements of the Township of Drummond / North Elmsley, financial and otherwise, that may be required under established by- laws for consent applications. 5. The applicant shall provide the Township of Drummond / North Elmsley with a deposited copy (in digital and paper format) of all reference plans associated with this application

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6. The applicant shall obtain a Civic Address Number from the Township of Drummond / North Elmsley. The applicant shall consult directly with the Township in this regard. 7. That the applicant enter into a Development Agreement with the Township of Drummond / North Elmsley to include the recommendations outlined in the Environmental Impact Statement, prepared by Pinegrove Biotechnical, dated May 20, 2018. The wording of the agreement shall be acceptable to the Municipality. 8. The applicant shall submit a full entrance application to the County of Lanark Public Works Department and install the entrance as required in the permit. The entrance is to be installed prior to deed endorsement. 9. The applicant shall provide the Lanark County Public Works Department with a copy of all reference plans associated with this application if a survey is required by the Land Titles Office. 10.Road Widening: Sufficient lands shall be deeded to “The Corporation of the County of Lanark” along the frontage of the lot to be severed to meet the municipality’s road widening requirements, at no cost to the County. Sufficient lands may be required across the frontage of the retained lands to meet the municipality’s road widening requirements, and in these cases, the applicant shall enter into a land purchase agreement with the County. 11.The County of Lanark Director of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. 12.If land is required, “In Preparation” Transfer documents are to be submitted to the Business Manager, Lanark County Public Works Department for review and approval prior to registration, accompanied by a solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. 13.Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with the “The Corporation of the County of Lanark” for the purposes of completing a road closing and transfer of the identified former road property. 14.Approvals & Documentation: The reference plan must be approved by the Lanark County Public Works Department prior to registration if either road widening or road closing is applicable. In all cases, even if there is no road widening or closing, following registration of the reference plan, one paper copy shall be provided to the County of Lanark Public Works Department, together with a copy of the parcel register for the “PIN” that is the county road, parallel to the frontage of the lands to be severed. 15.A letter shall be received from the County of Lanark Public Works Department stating that condition #8 through #14 has been fulfilled to their satisfaction. 16.A letter shall be received from the Township of Drummond / North Elmsley stating that condition #3 through # 7 has been fulfilled to their satisfaction.

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NOTES 1. Lanark County Public Works Department advises that the applicant has 2 existing field entrances. Should the applicant proceed with residential development in the future, an entrance must be applied for and approved prior to installation. 2. Mississippi Valley Conservation Authority advises that in the event of future development on the retained lands: 1. Future development, including a septic system shall be setback a minimum of 30 m from the high water mark of the watercourse and wetlands.

2. The shoreline vegetation surrounding the wetland and watercourse shall be retained to a minimum depth of 15 m.

3. Natural drainage patterns on the site shall not be substantially altered, such that additional run-off is directed into the wetland, watercourses or onto adjacent properties.

4. Future development shall be directed away from wetland areas consisting of organic soils.

5. Pursuant to Ontario Regulation 153/06, written permission is required from MVCA for any development or site alteration in or within 30 m of the wetlands.2

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the Act. If an activity is proposed that will contravene the Act, the developer must contact the MNRF to discuss the potential for application of certain permits or agreement.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: 1760711 Ont. Inc. Hearing Date: September 11, 2018

Agent: ZanderPlan Inc. LDC File #: B18/071

Municipality: Town of Carleton Place Lot: Section B 121 on Town Plan 276

Geographic Township: Consent Type: New Lot

Roll Number: 0928-010-015-02200

Purpose and Effect: To sever a 0.0286-ha lot with an existing semi-detached dwelling and retain a 0.0289-ha lot with an existing semi-detached dwelling.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Semi-detached Semi-detached Proposed Use Same Same Area 286 sq.m 289 sq.m. Frontage 9.10 m 9.08 m Depth 31.85 m 31.9 m Road - Access to William Street William Street Water Supply Municipal Municipal Sewage Disposal Municipal Municipal Development Permit By-law: Mississippi District Residential and Residential District Conformity: Yes Official Plan Designation: Mississippi District Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement – The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve efficient and Resilient Development and Land Use Patterns Section 1.1.1.b) Accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), recreational (including places of worship, cemeteries and long-term care homes), recreation, park and open space

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and other uses to meet long-term needs. Section 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. 1.6 Infrastructure and Public Service Facilities Section 1.6.3 Before consideration is given to development new infrastructure and public a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adoptive re-use should be considered, wherever feasible. Section 1.6.6.2 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. County Official Plan – Section 2.0 Settlement Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi-Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan – Section 2.0 Community Design Framework, Section 3.1 Mississippi District, Section 4.1 Green Infrastructure, Section 4.3.3 Transportation, Section 6.7.2 Consents. The Town of Carleton Place advises that the proposal conforms to the designations and policies of the Official Plan.

Development Permit By-law – Section 2.0 Administration, Section 3 General Provisions, section 4.3 Mississippi District Residential. The Town of Carleton Place advises that the proposal complies with the Development Permit regulations

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Town Planner’s Report The property meets the requirements of the Official plan. The property has a Development Permit Agreement in place, concerning extended front yard setback, to satisfy Development Permit By-law 15-2015.

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Township of Carleton Place Recommendations: 1. The balance of outstanding taxes, including penalties and interest, (and any local improvement charges if applicable) shall be paid to the Town of Carleton Place. 2. The applicant shall provide the Town of Carleton Place with a digital copy of the reference plan (in NAD83 datum). 3. That a deposited reference plan be submitted to the Town of Carleton Place. 4. That the applicant shall provide the Town of Carleton Place with a Building Location Survey demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The Building Location Survey shall also include confirmation for both the severed and retained parcels that there is: - Adequate frontage along the maintained road - Adequate access along the maintained road - Compliance with the Ontario Building Code 5. That a cash-in-lieu payment of $640.00 be collected from the applicant.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

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2. Local Official Plan - Carleton Place Official Plan Policies for the Division of Land are found in Section 6.7.2 of the OP. It is the policy of this Plan that lot creation in excess of four lots, including the retained lot, shall take place by Plan of Subdivision. Consents may also be granted to permit a lot enlargement, clarification of title or for any legal or technical reason which do not result in the creation of a new lot. 3 Woodlands The Town of Carleton Place utilizes a ‘Tree Conservation Plan’ for protection of woodlands within town limits. Development Permit The subject property is currently within the Primary residential section of the development Permit By-law, which permits a number of uses, including single- detached dwellings. The proposed lots meet the minimum frontage and any dwelling constructed on the lands will be required to meet the 60% lot coverage requirement of the Development Permit By-law. Conclusion The Provincial Policy Statements encourages development to occur in designated settlement areas. No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Town Development Permit By-law. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Town of Carleton Place and could be given favourable consideration. (e) MINUTES – September 11, 2018 Chris Clark, agent, attended the hearing and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, cash in lieu, etc. The comments were addressed through conditions to approve application. Committee reviewed the staff report and draft conditions. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

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B18/071 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Town of Carleton Place. 4. The applicant to provide a digital copy of the registered reference plan in a NAD83 Datum format to the Town of Carleton Place. 5. That the applicant shall provide the Town of Carleton Place with a Building Location Survey demonstrating that the lands severed and the lands retained are in compliance with all Development Permit provisions. The Building Location Survey shall also include confirmation for both the severed and retained parcels that there is: - Adequate frontage along the maintained road - Adequate access along the maintained road. - Compliance with the Ontario Building Code. If the plan does not comply with the Development Permit By-law, an application to amend the by-law will be required. 6. Payment shall be made to the Town of Carleton Place representing the amount satisfactory to the Township in accordance with their Cash-in-Lieu of Parklands By-law pursuant to Section 42 of the Planning Act. 7. A letter shall be received from the Town of Carleton Place stating that condition #3 through #6 has been fulfilled to their satisfaction.

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LAND DIVISION STAFF REPORT APPLICATION FOR CONSENT

Owner: Cecilia Ignatieff Hearing Date: September 11, 2018

Applicant: Cecilia Ignatieff LDC File #: B18/076

Municipality: Lanark Highlands Lot: 24 Conc: 2

Geographic Township: Dalhousie Consent Type: Lot Addition

Roll Number: 0940-002-020-0400

Purpose and Effect: To sever a 20.234-ha lot with an existing barn to add to a parcel with an existing residential dwelling, garage and shed. The retained land is a 20.234-ha vacant lot.

DETAILS OF PROPOSAL Lands to be Lands Retained Severed

Existing Use Vacant Vacant Proposed Use Vacant Vacant Area 20 ha 20 ha Frontage 278 m 304 m Depth Irregular Irregular Road - Access to 2nd Con Dalhousie 2nd Con Dalhousie Water Supply n/a n/a Sewage Disposal n/a n/a Zoning By-law Category RU RU -Area (minimum) 1ha 1ha -Compliance? Yes Yes -Frontage (minimum) 45 m 45 m -Compliance? Yes Yes Official Plan Designation: Rural Conformity: Yes (a) APPLICATION REVIEW Provincial Policy Statement - The following provides a summary of the Provincial Interests that were identified in reviewing the application: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.1.1.c) Healthy, liveable and safe communities are sustained by avoiding development and land use patterns which may cause environmental or public

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health and safety concerns. Section 1.1.4 Rural areas are important to the economic success of the Province and our quality of life. Rural Areas are a system of lands that may include rural settlement areas, rural lands, primate agricultural areas, natural heritage features and areas, and other resource areas. Section 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.5 Rural Lands in Municipalities Section 1.1.5.1 On rural lands located in municipalities, permitted uses are: the management or use of resources, resource-based recreational uses (including recreational dwellings), limited residential development, home occupations and home industries, cemeteries, and other rural land uses. Section 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. County Official Plan – Section 2.0 Settlement Policies, Section 3.0 Rural Policies, Section 4.3.4 Local Roads, Section 4.4 Water and Wastewater, Section 5.5.8 Surface and Groundwater Protection and Enhancement, Section 5.5.9 Mississippi- Rideau Source Protection Plan, Section 8.2.2 Consents. The proposal conforms to the designations and policies of the Official Plan for the County of Lanark. Local Official Plan - Section 2.0 Vision, Section 3.3 Rural Communities, Section 5.3.7 Groundwater Protection, Section 7.4.3 Local Roads, Section 8.4.2 Consents. The Township of Lanark Highlands advises that the proposal conforms to the designations and policies of the Official Plan. Zoning By-law Section 4.0 General Provisions, Section 6.0 Rural Zone. The Township of Lanark Highlands advises that the proposal complies with the zoning by-law regulations.

(b) AGENCY REVIEW This application has been circulated to those agencies that were considered to have an interest in the proposal. The following comments were received: Township Planner’s Report An application for consent B18/076 has been received from the County of Lanark Land Division Committee for the creation of a lot addition. The property is legally described as Pt. Lot 24 Concession 2, Geographic Township of Dalhousie, now in the Township of Lanark Highlands. The purpose of the application is to sever a 50 acre (20.234 ha) parcel of land as a lot addition to lands municipally known as 2781 2nd Concession Dalhousie, legally described as Pt. Lot 24 Concession 2, 27R5201 Pt. 1, and retain a 50 acre (20.234ha) vacant residential lot. The retained lands will be accessed by the 2nd Concession Dalhousie. This application is seeking a lot line adjustment by way of a lot addition and therefore no new lots are being created.

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OFFICIAL PLAN Any application for consent must be evaluated with the policy directives of Section 8.4.2, which provides direction for the division of lands within the Township. The property is designated as Rural Communities on Schedule 'A' of the Township's Official Plan. 8.3.4.2 A lot addition or enlargement to an existing undersized lot may be permitted even though the addition does not bring the lot up to the standard required in the zoning by-law. In such cases the lot does not lose its non- conforming status and may be developed in accordance with the relevant provisions of the Zoning By-Law.

The proposed application will provide for lands to be added to an existing undersized lot. The lands to be enlarged are already developed with a dwelling and garage and are serviced by private well and septic. The proposed severance is consistent with the objectives of the Township's OP policies.

ZONING The subject land is zoned Rural (RU) in the Township's zoning by-law. The proposed lot addition will not further impede the existing-lots with respect to their conformity with the Township's zoning by-law, but rather provide for an increase in lot size for an existing undersized lot of record.

DISCUSSION The application for consent is to further add to lands of an existing undersized lot of record. Staff are of the opinion that the lands being severed will provide for the existing undersized lot to be enlarged and therefore exceed the minimum lot size required. Overall, this application, as submitted, complies with the policies of the Township's Official Plan and Zoning By-law

Township of Lanark Highlands Recommendations 1. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township; 2. An acceptable reference plan or legal description of the severed lands and the deed be submitted to the township; 3. That the applicant pays any outstanding fees to the Township prior to final approval; 4. That sufficient lands be deeded to the Township of Lanark Highlands along the frontages of the lots to be severed to meet the municipality's road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a solicitor's certificate indicating that the municipality's title is free and clear of all encumbrances and that the municipality has a good and marketable title. The Township Superintendent of Public Works should be consulted prior to commencing a survey to determine the amount of road widening required."

Conservation Authority – MVCA advised that they did not require circulation.

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Septic Office – Leeds Grenville & Lanark District Health Unit

General Description Severed – a 50 acre parcel of land that has an existing barn. Land is primarily treed and areas of open field. Land slope and drainage can vary.

Recommendations Severed – additional sandy loam fill may be required in the area of the leaching bed.

Hydro One Networks – No comments were received.

Bell Canada R-O-W – No concerns or objections.

(c) PUBLIC INPUT No written submissions were received in response to the notice of application sent to every landowner pursuant to Clause 53(5) (a) of the Planning Act and Section 3(2) of O.Reg. 197/96 as amended. (d) PLANNING REVIEW Background and Summary The applicant proposes to sever the retained lands essentially in half and add the lands to be severed onto the existing residential dwelling. The applicant resides in the dwelling. The shape of the lot is based on the intent to keep the barn and the pond with the dwelling. The retained lands are vacant and at this time will be retained by the owner. The existing lot containing the dwelling is an undersized lot and was created in 1972 by the previous land owners. Road Access The lands are accessed via 2nd Concession of Dalhousie, a municipal road Source Water Protection All of the severed and retained lands are within an area called “Significant Groundwater Re-charge Area’. These areas contribute to the quantity of groundwater available with the Mississippi-Rideau region. Groundwater can also be vulnerable to contamination in these areas depending on the depth and type of soil. Endangered Species With the new Endangered Species Act (ESA 2007) in effect, it is important to understand which species and habitats exist in the area and the implications of legislation. A review of the Natural Heritage Information Centre (NHIC) records indicate that there is a potential for the following Threatened (THR), Endangered (END) and/or Special Concern (SC) species on the site or in proximity to it: None recorded on NHIC Official Plan Policies 1. Lanark County Sustainable Communities Official Plan - Section 8.2.2 Consents. Lanark County, through an appointed Land Division Committee is the approval authority for the issuance of consents. Lot creation by consent shall be

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permitted where lot creation by plan of subdivision is deemed to be unnecessary. Consideration of location and development criteria by the approval authority shall be based on local Official Plans. In considering a consent, regard shall also be had to, among other matters, the criteria of Section 51 (24) of the Planning Act, R.S.O. 1990 with necessary modifications. 2. Local Official Plan - Lanark Highlands Official Plan Policies for the Division of Land are found in Section 3.2.3 and 3.3.3 and 8.4.2 of the OP. Up to 3 consents, excluding the retained lot may be granted for a lot or landholding existing as of April 1, 2003. Additional lots may be granted in Rural Communities or Waterfront Communities where the lots to be created would constitute infill. Additional policies also apply, e.g. requirement for hydrogeological and terrain analysis. A number of ‘general’ policies also apply to the division of lands, including: size and setbacks appropriate to zoning designation, supporting studies as required, MDS separation, frontage on public road unless exempted, no development on lands subject to hazards, flooding, etc., extension of major services not required.

3. Woodlands The area has considerable land masses mapped as ‘woodlands’, care should be taken in any development proposal to maintain the existing tree cover. Zoning The subject property is currently within the rural section of the Zoning By-law, which permits a number of uses, including single-detached dwellings. The proposed lot meets the minimum lot frontage and size. Any new development will be required to meet the minimum setback requirements of the Zoning By-law. Conclusion No new or additional infrastructure is required as a result of the proposal. The severed lands meet the minimum requirements of Township’s Official Plan which is appropriate in the rural setting. The application can meet the consistent with test of the Provincial Policy Statement. There were no objections raised by any of the agencies which were circulated regarding this proposal. In light of the foregoing, this office is satisfied that the applicant’s proposal maintains the general intent and purpose of the PPS, the County Official Plan and Official Plan for the Township of Lanark Highlands and could be given favourable consideration. (e) MINUTES – September 11, 2018 Cecilia Ignatieff, owner, attended and gave evidence under oath. No public comments were received on this application so there was no effect on the decisions. Comments were received from agencies on the issues of survey, road widening, etc. The comments were addressed through conditions to approve the application. Committee reviewed the staff report and draft conditions. The conditions were

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revised to include the standard condition relating to road closing. Committee considered all written and oral submissions received on this application, the effect of which helped Committee to make an informed decision. DECISION & CONDITIONS DECISION: PROVISIONAL CONSENT IS GRANTED REASONS: Having determined that a plan of subdivision is not necessary for the proper and orderly development of the municipality, and having determined that the proposal is consistent with the policy statements issued under subsection 3(1) of the Planning Act, and having had regard to the matters under subsection 51(24) of the Planning Act.

B18/076 1. An acceptable reference plan (survey) or legal description of the severed lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary-Treasurer of the Land Division Committee for review and consent endorsement within a period of one year after the "Notice of Decision" is given under Section 53 (17) or (24) of the Planning Act. 2. The applicant shall provide the Secretary-Treasurer of the Land Division Committee with a digital copy and a paper copy of the deposited reference plan. 3. The Certificate of Consent “Schedule” attached to the deed / transfer required by Condition #1 above, shall include the following condition “The lands to be severed are for the purpose of a lot addition only to the adjacent lands owned by Cecilia Ignatieff and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction”. 4. The balance of any outstanding taxes, including penalties and interest, (and any local improvement charges, if applicable) shall be paid to the Township. 5. The applicants shall satisfy all the requirements of the Township of Lanark Highlands, financial and otherwise, that may be required under established by- laws for consent applications. 6. The applicant shall provide the Township of Lanark Highlands with a copy of all reference plans associated with this application. 7. The applicant shall provide the Township with a copy of the deed/transfer for the property. 8. Sufficient land for Road Widening purposes shall be deeded to the Township of Lanark Highlands along the frontages of the lot to be severed by registered deed, to meet the municipality’s road widening requirements, at no cost to the Township. Deeds are to be submitted to the municipality for review accompanied by a

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solicitor's certificate indicating that the municipality’s title is free and clear of all encumbrances and the municipality has a good and marketable title. The Township Superintendent of Public Works shall be consulted prior to commencing a survey to determine the amount of road widening required. 9. Road Closing: If a former road is determined to be meandering through the severed lot, the applicant shall be required to identify the former road on the reference plan and enter into an agreement with The Township of Lanark Highlands, if it is determined that the former road was owned by the municipality) for the purposes of completing a road closing and transfer of the identified former road property. The applicant shall consult with the Township in this regard. 10. A letter shall be received from the Township of Lanark Highlands stating that condition #3 through #9 has been fulfilled to their satisfaction.

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