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Land Use and Development Policies in the Niagara Escarpment Plan Area

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Land Use and Development Policies in the Niagara Escarpment Plan Area SECTION 16 NIAGARA ESCARPMENT POLICIES LAND USE AND DEVELOPMENT POLICIES IN THE NIAGARA ESCARPMENT PLAN AREA Included on Schedule “A” are the following Niagara Escarpment Plan Area designations: Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area Minor Urban Centre Escarpment Recreation Area Mineral Resource Extraction Area The criteria for designation, objectives, permitted uses and new lots policies are as follows: (1) ESCARPMENT NATURAL AREAS Escarpment features which are in a relatively natural state and associated stream valleys, wetlands and forests which are relatively undisturbed are included within this designation. These contain important plant and animal habitats and geological features and cultural heritage features and are the most significant natural and scenic areas of the Escarpment. The policy aims to maintain these natural areas. (a) OBJECTIVES (i) To maintain the most natural Escarpment features, stream valleys, wetlands and related significant natural areas and associated cultural heritage features. (ii) To encourage compatible recreation, conservation and educational activities. (iii) To maintain and enhance the landscape quality of Escarpment features. (b) CRITERIA FOR DESIGNATION (i) Escarpment slopes and related landforms associated with the underlying bedrock which are in a relatively natural state. (ii) Where forest lands abut the Escarpment, the designation includes the forested lands 300 metres (1,000 feet) back from the brow of the Escarpment slope (e.g. Bruce Peninsula). (iii) The most significant Areas of Natural and Scientific Interest (Life Science). 96 SECTION 16 NIAGARA ESCARPMENT POLICIES (iv) The most significant stream valleys and wetlands associated with the Escarpment. (c) PERMITTED USES Subject to Section 17, Development Criteria, the following uses may be permitted: (i) Existing agricultural operations. (ii) Existing uses. (iii) Single dwellings. (iv) Non-intensive recreation uses such as nature viewing and trail activities except motorized vehicle trails or the use of motorized trail vehicles. (v) Forest, wildlife and fisheries management. (vi) Archaeological activities. (vii) Essential transportation and utility facilities. (viii) Accessory buildings, structures and facilities (e.g. a garage or farm pond) and site modifications required to accommodate them. (ix) Incidental uses (e.g. swimming pools, tennis courts) and site modifications required to accommodate them, provided that the impact on the natural environment is minimal. (x) Uses permitted in Park or Open Space Master or Management Plans which are not in conflict with Section 18 and the Niagara Escarpment Plan. (xi) Home occupations and cottage industries. (xii) Essential watershed management and flood and erosion control projects carried out or supervised by a public authority. (xiii) The Bruce Trail corridor including the pedestrian footpath and, where necessary, bridges, boardwalks and other trail-related constructions and unserviced Overnight Rest Areas and Access Points for Bruce Trail users. (xiv) Bed and Breakfast Homes. 97 SECTION 16 NIAGARA ESCARPMENT POLICIES (xv) Farm Vacation Homes. (xvi) Provided there is no alternative (see Part 17(2)(g)(ii)(3), a second single dwelling on an existing lot of record where there is an existing single dwelling designated and an easement agreement registered under the Ontario Heritage Act, or such a dwelling is considered to be of provincial or national heritage value or interest. (xvii) Special Provision – Part of West half Lot 8 Concession 4 EHS Notwithstanding the permitted used outlined above in this Section, within the area designated Escarpment Natural Area on Part of Lot 8, Concession 4 EHS, Town of Mono, County of Dufferin, the only uses permitted in this area shall be passive recreation such as nature studies, trails, the Bruce Trail and the existing access roadway, stairs and well. Use of this area by mountain bikes shall be prohibited. (xviii) Special Provision – Part of West half of Lot 21 Concession 4 EHS Notwithstanding that these lands comprise prime agricultural areas, the provisions of Section 16(1) Escarpment Natural Area of this Plan shall apply to these lands. (d) NEW LOTS New lots may be created subject to conformity with the provisions of this Section, the applicable policies in Section 17, Development Criteria, and Section 24, General Development Policies. (i) A severance may be permitted for the purpose of correcting conveyances, provided the correction does not include the recreation of merged lots; enlarging existing lots; or through acquisition by a public body provided no new building lot(s) is created. (ii) A lot may be created by severing one original township lot or half township lot (where the original township lot is 80 ha (200 ac.)), from another township lot or half township lot provided there have been no previous lots severed from one of the affected township lots. Such severances shall only occur along the original township lot line. 98 SECTION 16 NIAGARA ESCARPMENT POLICIES (iii) A lot created by a public body (e.g. for a road or park) will not be considered a previous lot. A remnant lot(s) created as a result of a parcel acquired by a public body, which may be used as a building lot(s) shall be considered a previous lot. A lot owned by a public body as part of the parks and open space system or the Bruce Trail Corridor which was an existing lot of record prior to its acquisition by the public body shall be considered a previous lot. (iv) Special Provision – West half Lot 17 Concession 3 EHS Notwithstanding the New Lots Policies herein, and the policies of Section 17(6) Lot Creation, a portion of the West half of Lot 17, Concession 3 EHS, Town of Mono, County of Dufferin. with a frontage of 150 m (492 feet) on Mono Centre Road, may be severed and added to the East half of Lot 17, Concession 3 EHS, Town of Mono, County of Dufferin, to create one lot of approximately 47.5 ha (117 acres) and a remnant lot of approximately 23.3 ha (58 acres) with a frontage of about 532 m (1745 feet) on Mono Centre Road. No further division of Lot 17 will be permitted including along the original township lot line. (v) Special Provision – Part Lots 12 and 13 Concession 1 and 2 EHS Notwithstanding the Lot Creation policies set out in Parts 1.3.4, 1.4.4. and 2.4 of the NEP and subject to the requirements of this provision, the acquisition of approximately 28.3 hectares of land in the Town of Mono, County of Dufferin by a public body for conservation land and Bruce Trail purposes, being a 20.2 hectare parcel of land located in Part of Lot 12 and Part of Lot 13, Concession 1 EHS and a 8.10 hectare parcel of land being Part of the West Half of Lot 12 Concession 2 EHS, the creation of following new lots may be permitted: • An approximately 9.7 hectares portion of the East Half of Lot 13 Concession 1 EHS with a frontage of approximately 76 metres on 1st Line EHS; • An approximately 8.2 hectares portion of the East Half of Lot 13 Concession 1 EHS with a frontage of 150 metres on 1st Line EHS, Town of Mono, County of Dufferin; and, • A remnant lot of approximately 2.02 hectares with a frontage of approximately 76 metres in Lot 13 Concession 1 EHS on the west side of 1st Line EHS. 99 SECTION 16 NIAGARA ESCARPMENT POLICIES At the time of severance, the remnant lot on a portion of the East Half of Lot 12 Concession 1 EHS, a parcel of approximately 15.7 hectares, created from the acquisition by a public body, shall be added to the existing lot also situated on the East Half of Lot 12 Concession 1 EHS, to create one lot of approximately 18 hectares. All parcels of land shall be in accordance with Schedule A to this amendment. No further division of Lots 12 or 13 Concession 1 EHS or of Lot 12 Concession 2 EHS (conservation lands acquired by a public body), shall be permitted, including along the original township lot line. (2) ESCARPMENT PROTECTION AREAS Escarpment Protection Areas are important because of their visual prominence and their environmental significance. They are often more visually prominent than Escarpment Natural Areas. Included in this designation are Escarpment features that have been significantly modified by land-use activities such as agriculture or residential development, land needed to buffer prominent Escarpment Natural Areas, and natural areas of regional significance. The policy aims to maintain the remaining natural features and the open, rural landscape character of the Escarpment and lands in its vicinity. (a) OBJECTIVES (i) To maintain and enhance the open landscape character of Escarpment features. (ii) To provide a buffer to prominent Escarpment features. (iii) To maintain natural areas of regional significance and cultural heritage features. (iv) To encourage agriculture, forestry and recreation. (b) CRITERIA FOR DESIGNATION (i) Escarpment slopes and related landforms where existing land uses have significantly altered the natural environment (e.g. agricultural lands or residential development). (ii) Areas in close proximity to Escarpment slopes which visually are part of the landscape unit. 100 SECTION 16 NIAGARA ESCARPMENT POLICIES (iii) Regionally Significant Areas of Natural and Scientific Interest (Life Science). (c) PERMITTED USES Subject to Section 17, Development Criteria, the following uses may be permitted: (i) Agricultural operations. (ii) Existing uses. (iii) Single dwellings. (iv) In non-agricultural areas, recreational uses oriented towards the land which require minimal modification of the existing natural, topographic and landscape features and which do not require the building of major structures (e.g., picnic sites, day use sites, unserviced camp sites, trail uses). Golf courses are not permitted. (v) Forest, wildlife and fisheries management. (vi) Archaeological activities. (vii) Transportation and utility facilities. (viii) Accessory buildings, structures and facilities (e.g.
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