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SECTION
1 - INTRODUCTION
1.1 BASIS
1.2 GOALS OF THE PLAN
1.3 OBJECTIVES
1.4 OFFICIAL PLAN
SECTION
2 - GENERAL PROVISIONS
2.1 GENERAL
2.2 LAND USE COMPATIBILITY
2.3 SUBDIVISION OF LAND
2.4 PROVINCIAL HIGHWAYS
2.5 ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES
2.6 ACCESSORY USES
2.7 DRAINAGE
2.8 CROWN LANDS
2.9 HOME INDUSTRIES AND HOME OCCUPATIONS
2.10 GROUP HOMES
2.11 GARDEN SUITES
2.12 BED AND BREAKFAST
2.13 MOBILE HOME PARKS
2.14 WAYSIDE PITS AND QUARRIES
2.15 PORTABLE ASPHALT PLANTS
2.16 AGGREGATE RESOURCE AREAS
2.17 MINERAL RESOURCE AREAS
2.18 FORESTRY
2.19 SENSITIVE AREAS
2.20 WASTE DISPOSAL SITES AND CONTAMINATED SITES
SECTION
3 - LAND USE POLICIES
3.1 GENERAL
3.2 VILLAGE AREA
PERMITTED USES
RESIDENTIAL DEVELOPMENT
INSTITUTIONAL DEVELOPMENT
RECREATIONAL/OPEN SPACEDEVELOPMENT
COMMERCIAL DEVELOPMENT
INDUSTRIAL DEVELOPMENT
3.3 RURAL AREA
PERMITTED USES
RESIDENTIAL DEVELOPMENT
AGRICULTURAL DEVELOPMENT
INSTITUTIONAL DEVELOPMENT
RECREATION/OPEN SPACE DEVELOPMENT
COMMERCIAL AND INDUSTRIAL DEVELOPMENT
3.4 AGRICULTURAL LANDS
PERMITTED USES
AGRICULTURAL DEVELOPMENT
3.5 HAZARD LANDS
SECTION
4 - COMMUNITY SERVICES AND FACILITIES
4.1 GENERAL
4.2 ROADS
4.3 WATER SUPPLY
4.4 SEWAGE DISPOSAL
4.5 NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL
4.6 COMMUNITY FACILITIES AND SERVICES
4.7 UNION GAS
SECTION
5 - IMPLEMENTATION AND ADMINISTRATION
5.1 THE TOWNSHIP'S ROLE IN IMPLEMENTATION
5.2 PUBLIC SECTOR AND PRIVATE SECTOR
5.3 NON-CONFORMING USES
5.4 PUBLIC PARTICIPATION
5.5 OFFICIAL PLAN - AMENDMENTS AND REVIEW
5.6 ZONING BY-LAW
5.7 STREAMLINING REVIEWS OF PLANNING APPLICATIONS
5.8 PARKLAND DEDICATION
5.9 IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES
5.10 FEES
5.11 MINOR VARIANCE
5.12 TEMPORARY USE BY-LAWS
5.13 HOLDING PROVISIONS
5.14 INTERIM CONTROL
5.15 SITE PLAN CONTROL
5.16 PROPERTY MAINTENANCE AND OCCUPANCY STANDARD BY-LAW
5.17 AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION
5.18 LAND USE BOUNDARIES
SCHEDULE A-1 LAND USE PLAN - TOWNSHIP OF MORLEY
SCHEDULE A-2 LAND USE PLAN - VILLAGE OF STRATTON
APPENDICES
APPENDIX A
DEFINITIONS
SECTION
1 - INTRODUCTION
1.1
BASIS
The
Corporation of the Township of Morley is located within the Rainy
River District and is located approximately 45 kilometers west of
the Town of Fort Frances situated between the Townships of Chapple
to the east and Dawson to the west. The total land area of the Township
is approximately 19,300 hectares. Located within the Township is the
Village of Stratton, the administrative, business and residential
centre of the Township.
The
Corporation of the Township of Morley is comprised of primarily rural
development having an economy based on natural resources. The Village
of Stratton is comprised of residential, commercial, institutional,
industrial and recreational uses. The remainder of the Township is
primarily a rural area comprised of a mix of agriculture, agriculture
related uses and rural land uses including commercial, industrial
and rural residential uses. The establishment of a strong and diversified
economic base providing growth and future development opportunities
throughout the Township is of importance to the Municipal Council
and the residents of the Township.
This
is the first Official Plan for the Township. There is a desire on
behalf of the Township to provide for a formalized planning framework
upon which future decisions on land use issues can be based. Also,
the Provincial government is in the process of delegating planning
authority and decision making powers to local municipal governments
in various stages. It is anticipated that delegation of authority
to approve consents, subdivision approval authority and exemption
from minister's approval authority of Official Plan amendments should
occur over the next two years. In order to be in a position to make
informed decisions on planning matters, the Township of Morley finds
itself in need of an Official Plan to guide future development and
provide a mechanism for decision making and control against land use
conflicts and undesirable development.
The
current population in the Corporation of the Township of Morley is
495 (1991 Census Canada). For the most part, the Township has experienced
a stable growth rate, however did experience a decline in population
between 1986-1991 of 6.6% or 35 persons (Census Canada, 1991). The
population of the Township in 1991 represented 2.2% of the total population
of the District. Due to the small population of the Township, it is
difficult to project with confidence the future population of the
Township. However, if it is assumed that the Township will maintain
the same proportionate share of the District's population over the
next 30 years, information from the Ministry of Finance Ontario
Population Projection to 2021 for regions, counties and districts
in the Province can be used to extrapolate a population projection
for the Corporation of the Township of Morley.
It is
anticipated that the population in the Township will stabilize and
the Township will experience an overall low growth rate. The following
table highlights the population growth projections over the next 30
years:
|
Population Projection
|
|
Year
|
Population
|
|
1991
|
495
|
|
2001
|
572
|
|
2011
|
616
|
|
2021
|
682
|
The above
projections represent a growth of 1.26% per year over the 30 year
time frame or an increase in population of 187 persons over 30 years.
It is estimated that 68 new dwelling units are required to accommodate
this growth. The population projections should be confirmed every
15 years to ensure they remain relevant and reflect the current trends
in the Township. Due to the small size of population of the Township
any one factor, i.e. mortality rate, birth rate, economic conditions,
migration, etc. can have a significant impact on the population and
will affect the population projections. While a population projection
for 30 years has been provided above as an overall projection for
the Township, the planning time frame for this Official Plan is 15
years in order for the Plan to evolve and respond over time to changing
growth and development issues, political climate, economic trends
and the dynamics of the Township.
The
Village of Stratton will continue to be the residential and administrative
centre for the Township. Approximately one quarter of the population
(124 persons) presently reside in the Village with the remainder living
in the rural area of the Township. It is expected that the Village
will continue to be the centre for residential development. However,
the Rural area is an important residential area and will also continue
to be a desired location for rural residential development. Other
community facilities and commercial development are also considered
appropriate for development in the Village of Stratton.
It is
also anticipated with the opening of the OSB Plant nearby in the Township
of Chapple, Morley will experience some growth in the commercial and
industrial sector associated with spin-off economic opportunities
from the OSB Plant. Areas along the highway corridor will benefit
from the majority of the commercial and industrial development.
The
Mennonite community in the Township comprises a significant proportion
of the population. It is important to recognize the land use needs
of population group that may differ from the remainder of the population,
i.e. large farming families that live together, reliance on family
members to work the farms, their own religious and educational facilities,
etc.
Agriculture
and natural resource industries are also an important component of
the local economy. The maintenance and enhancement of the rural character
and environment of the Township is important to the residents of Morley.
In the Rural areas, opportunities are available for rural residential
development consistent with the rural character of the Township. Rural
residential development in the form of rural subdivisions may also
be permitted provided the development can be safely serviced by private
individual septic and water systems. Areas with vistas of the Rainy
River, other scenic locales and areas in proximity to former historical
rural residential settlement areas are examples of locations in the
Township that may be appropriate for rural estate residential subdivision
development, subject to servicing, design and other locational considerations.
Within
the village and rural areas of the Township, there are uses that have
existed prior to this Plan which may not be compatible with future
residential development or other sensitive uses, but which are of
economic importance to the Township, i.e. industrial uses. Future
development in proximity to these uses should be designed to consider
these existing uses so that they can continue to function without
conflicts or adverse impacts on the new use. Alternatively, new industrial
uses may be proposed adjacent to existing residential uses or sensitive
uses. These new industrial uses should be designed to ensure that
land use conflicts with adjacent uses are minimized.
Decisions
regarding land use planning matters will be guided by the policies
contained in this Plan. This Plan will be reviewed every 5 years to
determine if the population and growth projections remain relevant
and the policy guidelines and framework for development continues
to reflect the needs of the Township. As the Township grows and experiences
various types of development and change, amendments may be required
to address the changing needs of the Township.
1.2
GOALS OF THE PLAN
1.2.1
The goals and objectives of this Plan form the foundation of planning
principles and provide direction to guide future development and provide
direction for the preparation of detailed policies and programs and
include the following:
(a)
protect the identity and characteristics of the Township while providing
opportunities for residential growth and appropriate economic development;
(b)
establish policies which manage and direct physical change and the
effects on the social, economic and natural environment, of the
Township;
(c)
recognize the historical and cultural fabric of the Township and
foster the rural lifestyle and quality of life experienced by the
residents of the Township;
(d)
secure the health, safety, convenience and welfare of the residents
of the Corporation of the Township of Morley;
(e)
ensure the Township's resources are rationally used and both the
natural and cultural heritage features are protected including water
resources, agricultural lands, mineral resources, forest resources,
natural heritage resources and cultural and archaeological resources;
(f)
provide policies which will encourage the expansion and diversification
of the local economic base;
(g)
provide policies that guide development that is compatible with
the natural environment;
(h)
provide a guiding framework for implementing for decisions of Council,
local boards, committees and other authorities;
(i)
provide Official Plan coverage throughout the Township; and
(j)
provide polices that have regard to the Provincial Policy Statement
in consideration of local conditions and circumstances.
1.3
OBJECTIVES
1.3.1
The Township is committed to actively seeking and encouraging new
development that maintains the quality of life, protects the identity
and characteristics of the Township and maintains or improves the
health of existing businesses and diversifies the economy. This Official
Plan represents a step in this process.
1.3.2
The Township shall encourage patterns of development which facilitate
the provision of local services with minimal or no impact on local
finances.
1.3.3
The Township shall have regard for the importance of natural resources
including agricultural lands, water resources, forest resources and
mineral resources.
1.3.4
The Township shall encourage the creation of housing which is affordable
and meets the needs of a full range of households in the Township
and shall encourage that an adequate supply of land is available to
meet the housing needs of its residents.
1.3.5
The Township shall have regard and consideration for the natural amenity
features of the Rainy River which provides opportunities for the establishment
of water related tourist operations and activities and is considered
a desirable location for residential development.
1.3.6
With this Plan, the Township has achieved the goal of establishing
a policy framework for the future that addresses the circumstances
facing the Township of Morley and which also has regard for the Provincial
Policy Statement in consideration of local conditions and circumstances.
1.4
OFFICIAL PLAN
1.4.1
This document constitutes the Official Plan of the Corporation of
the Township of Morley and has been prepared in accordance with the
provisions of The Planning Act.
1.4.2
This Plan applies to all lands within the municipal boundary of the
Township.
SECTION
2 - GENERAL PROVISIONS
2.1
GENERAL
2.1.1
The following land use policies apply to all lands in the Corporation
of the Township of Morley unless specifically mentioned for exclusion.
2.1.2
The Township will not accept ownership or responsibility for the operation
or maintenance of communal water and sewage systems. Developments
proposed to be serviced by communal water or sewage systems shall
be permitted on the basis that the communal servicing system will
be owned, operated and managed by another public body other than the
Township or will be privately owned, operated or maintained by a condominium
corporation or single owner subject to an agreement with the Township.
Developments proposed to be serviced by communal water or sewage systems
will require an amendment to this Plan.
2.2
LAND USE COMPATIBILITY
2.2.1
As much as possible land use conflicts should be avoided. The encroachment
of sensitive land uses and industrial uses on one another is discouraged.
Buffering and separation distances in accordance with the Provincial
guidelines shall be incorporated through site specific zoning by-law
amendments when industrial uses are proposed in proximity to sensitive
uses or when residential uses and other sensitive uses are proposed
in proximity to existing industrial uses to minimize potential adverse
effects, such as noise, odour, vibration, particulate and other contaminants,
on the sensitive use(s). Mitigation measures such as setbacks, fencing
and landscaping may be required to minimize potential adverse impacts
on the sensitive use(s).
2.2.2
New residential development and other sensitive uses proposed adjacent
to the rail line shall be setback 30 meters from the rail line. Noise
and vibration impact assessments may be required for development proposals
of residential or institutional uses within 300 meters of a railway
right-of-way subject to the approval of the Province and/or the rail
operator.
2.2.3
Development will generally be directed away from hazardous lands or
sites unless it can be demonstrated that the hazard will not result
in public health, safety or potential property damage, that no new
hazards are created or existing hazards aggravated, and no adverse
environmental impacts will result from the development to the satisfaction
of the Province and the Township.
2.2.4
Development on, or adjacent to lands affected by man-made hazards,
including mine hazards or mineral resource operations and contaminated
sites, will be permitted if rehabilitation or restoration measures
to address and mitigate the hazard have been implemented and there
is no adverse effect. If necessary, an environmental audit or decommissioning
report shall be undertaken and a site restoration plan prepared and
implemented by a qualified consultant in accordance with the Province's
guidelines and in consultation with the Township prior to development
approval being granted.
2.2.5
No development shall be permitted that results in the degradation
of the quality and integrity of an ecosystem including air, water,
land and plant and animal life. Where the quality and integrity of
an ecosystem has been diminished, the Township shall encourage its
restoration or remediation to healthy conditions.
2.3
SUBDIVISION OF LAND
2.3.1
The subdivision of land by plan of subdivision shall be permitted
provided that:
(a)
the plan is considered to serve the public interest;
(b)
the plan is not deemed premature;
(c)
the lands can be provided with adequate services and utilities.
The applicant shall provide a report prepared by a qualified consultant
indicating that there is adequate ground water quality and quantity
is available to meet the Ontario Drinking Water Objectives to service
the subdivision when lots less than 1 hectare in area are proposed
by the plan; and
(d)
the development is not likely to adversely affect the economy or
financial position of the Township if such subdivision is approved.
2.3.2
It is the intent that plans of subdivisions for residential purposes
will be permitted within the Village and Rural areas of the Township
in conformity with the policies of this Plan. Plans of subdivision
for industrial and commercial uses will be permitted if such plans
are located in an area that is suitable for development and in conformity
with the policies of this Plan.
2.3.3
The subdivision of land by consents is the primary means of development
in the Township and shall be permitted in accordance with the policies
of this Plan and provided that:
(a)
the retained and severed lot(s) can be adequately and safely serviced
by private individual septic systems and a potable water supply.
The Northwestern Health Unit should be consulted prior to consent
approval being given to obtain support for the consent proposal;
(b)
the soil, drainage conditions and topography are suitable for the
proposed use and permit the proper siting of buildings and the installation
of private septic disposal systems;
(c)
the lands front onto a public road that is maintained year round
by the Province or the Township and is of an acceptable standard
of construction;
(d)
where access is proposed from a provincial highway, the Province
shall be consulted prior to consent approval being given to obtain
input and support regarding access and entrance permit requirements;
(e)
no traffic hazard is created by the consent and safe access/egress
to the retained and severed lot(s) is feasible;
(f)
the consent does not result in land use conflicts with existing
nearby uses;
(g)
the requirements of the Minimum Distance Separation I criteria will
be adhered to when a consent is being proposed in proximity to existing
livestock facilities;
(h)
the lot size and configuration shall be suitable for the proposed
use and, where possible, be consistent with adjacent development;
(i)
adequate protection and preventative services for persons and property
are available including health, welfare, fire and police;
(j)
the consent does not result in land locked parcel(s) being created;
and.
(k)
in the Rural area a maximum of 3 new severed lots per land holding
as of the date of this Plan was adopted, can be created, exclusive
of the retained part, provided all of the above matters and other
policies of this Plan can be suitably addressed.
2.3.4
The following may be considered as conditions of consent by the Township:
(a)
that any necessary land for road widening, allowances or easements
be dedicated to the Province or the Township;
(b)
that the applicant improve road access, grading, drainage, etc.
to a standard satisfactory to the Township and/or the Province;
and
(c)
any other condition reasonable to the granting of the consent.
2.3.5
Notwithstanding the policies of this section, consents may be granted
for the following technical purposes:
(a)
boundary corrections or adjustments;
(b)
discharge of mortgage;
(c)
road widening and road allowances; and
(d)
easements.
2.4
PROVINCIAL HIGHWAYS
2.4.1
In addition to the requirements of the Corporation of the Township
of Morley, all development adjacent to provincial highways is subject
to the requirements and permits of the Ministry of Transportation.
In addition, the management and removal of storm water on properties
adjacent to provincial highways requires the approval of the Ministry
of Transportation.
2.5
ARCHAEOLOGICAL AND CULTURAL HERITAGE RESOURCES
2.5.1
The Corporation of the Township of Morley shall encourage the conservation,
protection and rehabilitation of archaeological and cultural heritage
resources, and encourage public awareness, participation and involvement
in the conservation of these resources.
2.5.2
Development proposed in areas known to have a potential for archaeological
resources shall be assessed by qualified archaeologist licensed under
the Ontario Heritage Act to determine the nature and extent
of the resource prior to development approval being granted. Any archaeological
assessment report conducted by a licensed archaeologist must be in
compliance with the guidelines set out by the Province.
2.5.3
If an archaeological assessment determines that significant archaeological
resources are present on a site, the resource shall be documented
and conserved to the satisfaction of the Province through excavation
or on-site preservation prior to final approval of the development
proposal. A zoning by-law protecting the identified archaeological
resource may be considered by Council.
2.5.4
The Ontario Heritage Act may be utilized to conserve, protect
and enhance any identified cultural heritage resources in the Township.
Council may by by-law designate for protection and conservation individual
properties and/or districts of historic and/or architectural value
or interest.
2.5.5
A Local Architectural Conservation Advisory Committee (LACAC) may
be established under the Ontario Heritage Act to advise and
assist Council on matters related to Parts IV and V of the Act. In
addition, similar heritage advisory committees may be established
to advise and assist Council on other matters of cultural heritage
conservation and heritage facilities.
2.5.6
Council shall consult the appropriate government agencies, including
the Ministry of Citizenship, Culture and Recreation and the Ministry
of Consumer and Commercial Relations when an identified human cemetery
including a marked or unmarked human burial is affected by land use
development. The provisions under the Ontario Heritage Act
and the Cemeteries Act shall apply.
2.5.7
Council may investigate and adopt further measures available from
other legislation, for the purposes of cultural heritage resource
conservation pursuant to The Municipal Act, the Environmental
Assessment Act and the Aggregate Resources Act.
2.5.8
Council will lead the community in restoring, rehabilitating, enhancing
and maintaining cultural heritage resources owned by the Township
as examples of stewardship of such resources in fulfillment of heritage
conservation goals. Where feasible, relevant by-laws, programs and
public works undertaken by the Township will have regard for heritage
objectives and policies of this Plan.
2.6
ACCESSORY USES
2.6.1
Where a use is permitted in a land use designation, it is intended
that uses, buildings or structures normally incidental, accessory
and essential to the use will also be permitted.
2.6.2
Guest cabins and accessory dwellings above boat houses are not a permitted
accessory use in any land use designation.
2.7
DRAINAGE
2.7.1
The management and removal of storm water is the responsibility of
the property owner and must be managed to the satisfaction of the
Province and the Township in accordance with the Drainage Act,
if applicable. No development shall be permitted which would interfere
with or reduce the drainage capacity of any natural watercourse or
where the watercourse represents a hazard to the proposed development.
2.7.2
A storm water drainage report or other water quality assessment which
demonstrates that the function and quality of existing watercourses
and the quantity and quality of ground water resources is not adversely
affected may be required prior to approving development which impacts
on these resources. Where adverse impacts are anticipated, mitigative
measures during and after construction to control sedimentation, erosion
and flooding will be required.
2.7.3
Any development which involves the channelization, diversion, damming,
walling and dredging of a natural watercourse, or the installation
of a culvert, causeway or dock in a natural watercourse, is subject
to the approval of the Province in accordance with the provisions
of the Lakes and Rivers Improvement Act and/or the Public
Lands Act and the Ontario Water Resources Act.
2.8
CROWN LANDS
2.8.1
The Ministry of Natural Resources is encouraged to have regard for
the policies and schedules of this Plan and to consult with the Corporation
of the Township of Morley with respect to the use and disposition
of Crown Lands.
2.8.2
Authorization for occupation or use of Crown Lands is required from
the Province.
2.8.3
The Township recognizes that resource management activities on Crown
Lands are desirable for environmental, social and economic reasons.
Resource management activities shall be conducted in accordance with
the standards and guidelines established by the Province.
2.9
HOME INDUSTRIES AND HOME OCCUPATIONS
2.9.1
Generally, home occupations shall include occupations or professions
which are conducted entirely within a dwelling unit, while home industries
are conducted primarily within an accessory building.
2.9.2
Neither home industries or home occupations shall be offensive or
create a nuisance as a result of noise, odour, traffic generation
or other means.
2.9.3
The home industry or home occupation shall be secondary to the main
use of the property and not generate adverse or land use conflicts
with the main use or adjacent uses.
2.9.4
The severance of a dwelling unit from a home industry may be considered
appropriate if adequate buffering is available between the dwelling
and the home industry to provide protection to the residential use
and shall be in accordance with the consent policies contained in
Section 2.3 of this Plan.
2.10
GROUP HOMES
2.10.1
Group homes are permitted in all areas where residential uses are
permitted.
2.11
GARDEN SUITES
2.11.1
Garden suites shall be permitted as temporary accommodation for a
maximum of ten (10) years pursuant to Section 39 of The Planning
Act in conjunction with an existing residential dwelling. An agreement
may also be required between the homeowner and the Township with the
following provisions:
(a)
the garden suite shall not be permitted to separate by consent from
the main residential dwelling on the lot;
(b)
the design, mass and location of the garden suite should compliment
the main residential dwelling and streetscape;
(c)
the garden suite should utilize and connect to the services used
by the main dwelling provided clearance from the Northwestern Health
Unit is obtained to permit the garden suite to connect to the septic
system servicing the main dwelling;
(d)
the name of the person who is to live in the garden suite; and
(e)
when the garden suite will be removed.
2.12
BED AND BREAKFAST
2.12.1
Bed and Breakfast establishments may be permitted in areas where residential
uses are permitted, based upon the following criteria:
(a)
a Bed and Breakfast establishment shall have sufficient site area
to accommodate on-site outdoor amenity area, adequate on-site parking
and provide adequate buffering for any adjacent use;
(b)
a Bed and Breakfast establishment shall be located in an existing
residential dwelling; and
(c)
should external expansion be required to the existing dwelling to
accommodate the proposed tourist facility, the character of the
residential use should be maintained.
2.13
MOBILE HOME PARKS
2.13.1
Mobile home parks shall be permitted subject to an amendment to this
Plan and provided the development can be safely and adequately serviced
with water and sanitary sewage services.
2.13.2
The development of mobile home parks and any future expansion of a
mobile home park shall be subject to site plan control pursuant to
the requirements of Section 41 of The Planning Act, and will
include, but not be limited to, the following considerations:
(a)
entrances and exits and road widenings;
(b)
on-site parking for residents and visitors;
(c)
on-site open space and recreational activity areas;
(d)
landscaping, fencing and buffering;
(e)
size, orientation and spacial separation of the mobile home sites;
(f)
emergency access;
(g)
on-site servicing including water and sewage works, grading and
storm water management; and
(h)
outside storage.
2.14
WAYSIDE PITS AND QUARRIES
2.14.1
Wayside pits and quarries shall be permitted throughout the Township
except for the following:
(a)
in Village of Stratton;
(b)
within 90m of an existing residential use; and
(c)
where severe environmental disruption will occur.
2.14.2
The opening of wayside pits and quarries shall be permitted without
an amendment to this Plan provided that the Corporation of the Township
of Morley is given adequate notice and an opportunity to comment on
the opening of the wayside pit or quarry.
2.14.3
The Ministry of Transportation shall ensure that wayside pits and
quarries used for its purposes are rehabilitated in consultation with
the Township.
2.15
PORTABLE ASPHALT PLANTS
2.15.1
Portable asphalt plants used by a public road authority or their agents,
shall be permitted throughout the Township, subject to the approval
of the Ministry of the Environment and Energy, except for the following
locations:
(a)
in the Village of Stratton;
(b)
within 300m of an existing residential use; and
(c)
where severe environmental disruption will occur.
2.15.2
Portable asphalt plants shall be permitted without an amendment to
this Plan provided the Township is given adequate notice and an opportunity
to comment regarding the location of the plant.
2.15.3
Portable asphalt plants shall be removed from the site upon completion
of the road project and the site shall be rehabilitated to its former
condition.
2.16
AGGREGATE RESOURCE AREAS
2.16.1
Located in the Rural area of the Township are aggregate extractive
sites that are a local source of aggregate, however are not considered
to contain significant or large deposits of aggregate. Existing mineral
aggregate operations shall be protected from incompatible land uses.
2.16.2
Development adjacent to existing aggregate operations will be permitted
provided that the development does not restrict access to the mineral
aggregate resource. If access to the mineral aggregate resource is
restricted as a result of the development, the development may be
permitted provided that:
(a)
the use of the resource is not feasible; or
(b)
the development or use serves a greater long term public interest;
and
(c)
issues of public health, safety and environmental impact are addressed.
2.16.3
Rehabilitation of exhausted pits and quarries is encouraged and may
be implemented through a site rehabilitation plan. Site rehabilitation
plans shall be prepared to the satisfaction of the Province and the
Township.
2.16.4
No areas of the Township have been identified by the Ministry of Natural
Resources as containing areas of high and moderate potential for aggregate
resources. The Township may undertake an Aggregate Resource Inventory
to identify such areas of high or moderate potential for aggregate
in conjunction with the Ministry of Natural Resources. Areas for high
and moderate aggregate resource potential will be added to this Plan
with appropriate policy direction by an amendment, and the placing
of such areas on Schedule "A-1" in an "Aggregate" designation.
2.17
MINERAL RESOURCE AREAS
2.17.1
Areas of mineral resource potential shall be determined in consultation
with the Ministry of Northern Development and Mines. The development
of land adjacent to or in areas of known mineral resource potential
will be permitted provided that future access to the resource is not
restricted. If access to the resource is restricted, the development
may be permitted provided that it can be demonstrated to the satisfaction
of the Township that:
(a)
the use of the resource is not feasible;
(b)
the proposed use serves the greater long-term public interest than
the resource; and
(c)
if appropriate, issues of public health, safety and environmental
impact are addressed.
Sites
containing a known mineral resource occurrence have been identified
on Schedule "A-1" as "Mineral Occurrence".
2.17.2
Mineral exploration activities are encouraged and future mineral mining
operations will be protected from incompatible land uses.
2.17.3
Rehabilitation of mineral resource lands will be required after extraction
and other related activities have ceased to the satisfaction of the
Province and the Township.
2.18
FORESTRY
2.18.1
Forest resources provide a significant economic, social and environmental
benefit in the form of:
(a)
income from forest products;
(b)
recreation;
(c)
education;
(d)
soil and water conservation;
(e)
wildlife habitat;
(f)
buffers between land uses; and
(g)
natural amenities.
2.18.2
Property owners are encouraged to seek the assistance of the Ministry
of Natural Resources in the management of their forest resources.
2.18.3
The maintenance of forest cover along river and stream banks is encouraged
and reforestation in areas where forest resources have been depleted
is encouraged.
2.18.4
Certain areas of the Township are highly susceptible to damage caused
by forest, brush and/or grass fires. Forest fire prevention and hazard
reduction activities are desirable for environmental, economic and
social reasons.
2.18.5
Development of land adjacent to or within high fire risk areas should
incorporate design measures and construction techniques which will
minimize damage resulting from a forest, brush or grass fire. Such
measures may include identifying access and escape routes, layout
of fire breaks, use of fire resistent construction materials and building
and property maintenance.
2.19
SENSITIVE AREAS
2.19.1
Sensitive areas are natural areas that may be impacted by development
and have been identified for natural and ecological functions and
include such areas as wetlands, wildlife and fish habitat areas, sites
with rare plant species and areas that have life science or earth
science values related to protection, scientific study or education.
2.19.2
Development may be permitted in sensitive areas or adjacent to sensitive
areas provided that it is demonstrated to the satisfaction of the
Township that there will be no negative impact on the natural feature
or ecological function of the natural feature and possible mitigation
measures that may be required to protect against negative impacts
are subject to the approval of the Township.
2.19.3
Agricultural activities are permitted in sensitive areas and on adjacent
lands.
2.19.4
New utilities/facilities should be located outside of the sensitive
area.
2.19.5
The Ministry of Natural Resources is responsible for identifying and
classifying wetlands. Presently no wetlands have been classified in
the Township as provincially significant. Provincially significant
wetlands will be added to this Plan by an amendment, at the time they
are classified by the Ministry of Natural Resources or a Qualified
Wetland Evaluator.
2.20
WASTE DISPOSAL SITES AND CONTAMINATED SITES
2.20.1
Development shall be prohibited on all waste disposal sites located
in the Township, including closed sites. Waste disposal sites are
considered an industrial use.
2.20.2
Development proposed within 500 meters of an existing or closed waste
disposal cell shall be restricted unless it can be demonstrated that
there is no evidence of leachate, methane gas migration or other contaminants
present in the soils or ground water supply to the satisfaction of
the Ministry of Environment and the Corporation of the Township of
Morley.
2.20.3
Prior to approving development to allow residential, institutional,
recreational or parkland uses on lands which may have been contaminated
by previous uses, a Record of Site Condition may be required to determine
the extent of possible contimation, prepared by a qualified consultant
in accordance with the Ministry of Environment guidelines and accepted
by the Ministry of the Environment. If site restoration is required,
it shall be completed prior to development approval being given and
in accordance with a site remediation plan prepared consistent with
the Ministry of Environment guidelines.
SECTION
3 - LAND USE POLICIES
3.1
GENERAL
3.1.1
Land use designations have been established for Corporation of the
Township of Morley. These land use designations have related functions
and do not ordinarily conflict with one another. The Land Use Plan
as detailed on Schedules "A-1" and "A-2" illustrate the land use designations.
Schedules "A-1" and "A-2" and should be read together in conjunction
with the policies of Section 3.
3.1.2
The intent of this section of the Plan is to promote the optimum land
use function by minimizing land use conflicts and providing an attractive
development pattern consistent with existing land uses and economic
development of the Township.
3.2
VILLAGE AREA
3.2.1
The Village area is that area located within the Village of Stratton
and is shown on Schedule "A-2".
3.2.2
It is the objective of this Plan to:
(a)
ensure that an adequate supply of land to accommodate residential
growth and the demands for residential development in the Village
for at least ten (10) years is provided;
(b)
ensure that new residential development or redevelopment is physically
compatible with the surrounding area and land use conflicts are
minimized;
(c)
ensure, wherever possible, in the design of residential developments,
the protection and enhancement of the natural environment and amenities;
(d)
to encourage residential development to locate in the designated
Village area;
(e)
encourage the provision of a sufficient level and variety of commercial
activity within the Township to satisfy the consumer demands of
the residents;
(f)
ensure that commercial development does not have negative impacts
on adjacent land use, particularly residential uses; and
(g)
minimize the impact of industrial uses on surrounding areas, particularly
on residential uses and on the natural environment.
Permitted
Uses
3.2.3
The permitted uses in the Village area include residential uses, rooming,
boarding and lodging houses including bed and breakfast establishments,
garden suites, group homes, home occupations and home industries.
3.2.4
Community recreational facilities, churches, nursery schools and day
care and senior centres, medical centres, elementary and secondary
schools, other public and private institutional uses may be permitted
in the Village area provided there is no adverse or negative impact
on the surrounding residential uses with respect to noise, traffic,
parking, etc.
3.2.5
Local convenience commercial uses, retail business uses, offices,
personal services, restaurants, hotels, and automotive and equipment
sales, service and retail uses may be permitted within the Village
area. The commercial uses shall be of a size and scale that is compatible
with the surrounding residential uses and shall be subject to site
plan control pursuant to Section 41 of The Planning Act.
3.2.6
Industrial uses which are not noxious or offensive in nature or would
create a nuisance are permitted in the Village area and would include
manufacturing, processing, assembling, fabricating, servicing and
storage of goods and raw materials, warehousing, wholesaling and service
sector industries including transportation and communications.
Residential
Development
3.2.7
Residential development or redevelopment shall be either by plan of
subdivision or by consent. Consents to sever individual parcels will
be permitted when development by plan of subdivision is not necessary
to implement the policies of this Plan and the provisions of Section
51(24) of The Planning Act.
3.2.8
The following standards of residential amenity shall be provided for
with any residential development or redevelopment:
(a)
the provision of adequate access and parking for the development;
(b)
the provision of on-site landscaping, parks and amenity areas;
(c)
the provision of adequate separation distances and the placement
of buffer features between residential uses and different types
of land uses; and
(d)
the development is to be adequately served by community facilities
such as parks, commercial uses, churches and school sites.
3.2.9
New lots for residential uses in the Village area should be of an
appropriate size and configuration to permit the installation of a
private water supply and private sewage disposal system approved by
the Northwestern Health Unit and shall not be smaller than 0.4 ha
(1 acre) in area.
3.2.10
The Township may require appropriate measures, i.e. fencing, berming,
etc. to reduce the effects of noise, dust, visual intrusion, vibration
and other undesirable impacts of new residential development or redevelopment
adjacent to Highway 11, the CN Rail line and other environmentally
incompatible land uses in consultation with the Province.
Institutional
Development
3.2.11
Institutional uses that provide local public services such as schools,
public offices, churches, medical centres and day care and senior
centre facilities may be permitted in the Village area in accordance
with the following:
(a)
adequate parking is provided;
(b)
adequate buffering is provided;
(c)
the soil and ground water conditions are suitable for the provision
of a potable water supply and private sewage disposal system; and
(d)
an agreement pursuant to Section 41 of The Planning Act may
be required;
Recreational/Open
Space Development
3.2.12
Recreational uses and development shall compliment the natural environment
and the Village area.
3.2.13
The Township shall encourage accessibility for the physically challenged
in the design and development of parks, open space areas and recreational
facilities.
Commercial
Development
3.2.14
When considering an application to establish a commercial use or uses,
the Township shall have regard for the following:
(a)
the compatibility of the proposed use with the surrounding area;
(b)
the ability to provide adequate setbacks and appropriate landscaping
and buffering provisions to adjacent residential and institutional
uses;
(c)
the physical suitability of the site for the proposed use;
(d)
the adequacy of the road system to accommodate access;
(e)
the suitability of the site to accommodate parking and loading facilities;
(f)
the convenience and accessibility of the site for both pedestrian
and vehicular traffic;
(g)
the suitability of the soil and ground water conditions regarding
the provision of a potable water supply and private sewage disposal
system; and
(h)
the adequacy of utilities to service the proposed use(s).
3.2.15
Commercial uses are subject to site plan control pursuant to Section
41 of The Planning Act.
3.2.16
The Township may consider accepting cash-in-lieu for parking spaces
from new commercial developments or commercial redevelopments if adequate
parking exists in the vicinity of the proposed development.
3.2.17
Residential uses may be permitted above or behind commercial uses
subject to the following criteria:
(a)
the residential use shall not detract from the prime function of
the commercial use;
(b)
amenity areas shall be provided for the residential use and shall
be separate from any public amenity area provided in conjunction
with the commercial use; and
(c)
parking shall be provided for the residential use in conjunction
with the requirements for the commercial use.
3.2.18
Effort shall be made to minimize the number of entrances and exits
to and from roads and to segregate service and customer traffic. Where
appropriate, access or service roads, and joint entrances between
commercial uses shall be encouraged to minimize potential traffic
conflicts, subject to the requirements of the Province.
Industrial
Development
3.2.19
The industrial uses are intended to promote development through the
expansion of the existing industrial base and stimulation of new industrial
growth.
3.2.20
Industrial uses shall have regard for the proximity of residential
uses, exposure to major roadways and Highway 11 and the degree to
which the industrial use affects the physical and aesthetic characteristics
of the natural environment.
3.2.21
Industrial uses are subject to site plan control pursuant to Section
41 of The Planning Act.
3.2.22
Wherever industries abut residential, institutional, recreational
or other similar uses, adequate buffering will be required by measures
such as landscaping, plantings, fencing and separation distances in
order to minimize the impact of the industrial activity including
visual appearance.
3.2.23
Industrial uses which are exposed to Highway 11 shall be developed
in an attractive manner to provide a positive statement to the Township.
To achieve this, building and site design shall have consideration
of the following design standards:
(a)
open storage shall be prohibited unless it can be landscaped and
screened to shield the open storage areas from view and will not
detract from the intended character of the area;
(b)
parking and loading areas will generally be restricted to side and
rear yards;
(c)
all industrial activities will be encouraged to locate within wholly
enclosed buildings unless it is essential for an activity to locate
outdoors, in which case the industrial use will be suitably screened
and buffered from the Highway;
(d)
development or redevelopment of industrial uses shall comply with
the applicable standards of the Ministry of the Environment and
Energy regarding emissions and noise; and
(e)
where possible, joint entrances or service roads shall be encouraged
to minimize traffic conflicts.
3.3
RURAL AREA
3.3.1
It is the intent of this Plan to protect the rural character and environment
of the Rural area of the Township. The Township is capable of supporting
development that is resource and non-resource based. It is not realistic
to attempt to precisely define where these uses may best occur. Rather,
a general Rural land use designation in which these uses can be accommodated
in accordance with the specific policies of this Plan, would allow
flexibility in determining the appropriate uses of land.
3.3.2
The Rural area is characterized as a low density, multi-purpose area
in which a variety of land uses can be accommodated in a compatible
manner consistent with the rural character of the Township.
3.3.3
It is the intent of the Rural land use designation to:
(a)
maintain the low density rural character of the Township;
(b)
provide flexibility by permitting a variety of land uses;
(c)
to allow development of natural resources and economic activities
in a manner compatible with the rural character; and
(d)
to protect existing agricultural operations from incompatible land
uses, encourage the preservation of agricultural lands for agricultural
purposes and ensure their long term viability.
3.3.4
While land in the Rural designation may be developed for a variety
of uses, regard shall be given to ensure development is compatible
with surrounding land uses and appropriate for the site before development
approval is given. Development within the Rural area shall not conflict
with existing livestock facilities and will comply with the Minimum
Distance Separation I criteria, as amended from time to time. In addition,
new and/or expansions to existing livestock facilities will comply
with the Minimum Distance Separation II criteria as amended from time
to time.
Permitted
Uses
3.3.5
Permitted uses in the Rural area include rural residential dwellings,
farm related residential dwellings, agriculture, greenhouses, horticulture,
recreational uses, institutional uses, commercial uses and industrial
uses including extraction and processing of peat for horticulture
or fuel purposes, waste disposal sites, pits and quarries. It is also
the intent of the Rural designation to permit and encourage such rural
uses as forestry, mining and mineral exploration, resource management
and conservation uses.
Residential
Development
3.3.6
Rural residential uses shall be permitted in the Rural designation
on existing lots of record and on lots created through the consent
and subdivision process in accordance with the policies of this Plan
(Section 2.3) and provided that:
(a)
new rural residential uses should be a reasonable distance and oriented
away from industrial uses and railway lines to minimize the adverse
effects of odour, dust, noise, vibration and other contaminants.
The Province and/or CN Rail should be consulted to obtain input
with respect to separation distances and buffering requirements
for residential development adjacent to industrial uses and/or railway
lines;
(b)
new rural residential uses adjacent to aggregate operations shall
be located a minimum of 60 meters from the side and rear lot lines
abutting the aggregate operation. Existing lots of record that cannot
accommodate this standard shall be reviewed on a site specific basis
and may be considered appropriate provided the intent of the separation
distance and buffering is maintained;
(c)
new rural residential uses should not conflict with existing agricultural
facilities and will comply with the Minimum Distance Separation
I criteria, as amended from time to time;
(d)
new lots for rural residential uses should be an appropriate configuration
and minimum area necessary for the use permitted and the installation
of a private water supply and sanitary sewage disposal system approved
by the Northwestern Health Unit. As a guideline, new rural residential
lots should be 1.2 hectares (3 acres). However, where rural residential
development on less than 1.2 hectares (3 acres) is considered, particularly
along the Rainy River shoreline, 0.4 hectares (1.0 acre) lots may
be permitted, provided it can demonstrated to the satisfaction of
the Health Unit and the Township that adequate area is available
to permit the installation of a private septic system and potable
water supply in accordance with the Northwestern Health Unit requirements;
and
(e)
rural residential development shall be of a scale and density that
is appropriate for the Rural area and not result in a concentration
of development that may lead to the demand for services over and
above what the Township provides to the Rural area.
3.3.7
Plans of subdivisions for rural residential purposes greater than
5 lots shall require a planning justification study that addresses
the need and scale of the proposed development based on the following
considerations:
(a)
demand for the type of development proposed;
(b)
the amount of developable land available within existing rural residential
areas;
(c)
an evaluation of other sites available to accommodate the development
within other areas of the Township;
(d)
an evaluation of servicing considerations and the identification
of the most appropriate means to service the development in consideration
of long term servicing impacts, environmental factors and impact
on surrounding land uses;
(e)
the scale and design of the development is compatible with the surrounding
development and rural character in general; and
(f)
any necessary infrastructure and public facilities can be provided
or are available to service the development in an efficient manner.
Agricultural
Development
3.3.8
Agricultural parcels and farm operations shall be maintained in units
which are large enough to maintain flexibility to adapt to changing
economic conditions of the agricultural industry.
3.3.9
Permanent or portable farm help houses may be permitted for farm help
where the size and/or nature of the farming operation makes the employment
of such help necessary and where these additional dwellings do not
have significant negative effect on the tillable area of the farm
or its viability. Farm help houses shall be constructed/erected in
close proximity to the principal farm buildings so that the farm help
house is considered to be an integral part of the farming operation.
The farm help house may share services with the principle residence
provided clearance is obtained from the Northwestern Health Unit that
the septic system serving the principal residence has adequate capacity
to accommodate the farm help house. A farm help house shall not be
constructed/erected with the intention of severing it from the farming
operation in the future.
3.3.10
Consents involving agricultural lands in the Rural area are generally
discouraged.
Institutional
Development
3.3.11
Institutional uses that provide local public services such as schools,
public offices, and churches may be permitted in the Rural area in
accordance with the following:
(a)
adequate parking is provided;
(b)
adequate buffering is provided where necessary;
(c)
the soil and ground water conditions are suitable for the provision
of a potable water supply and private sewage disposal system; and
(d)
an agreement pursuant to Section 41 of The Planning Act may
be required;
Recreation/Open
Space Development
3.3.12
Lands used for public or private recreational purposes may be permitted
in the Rural area in accordance with the following provisions:
(a)
development shall only take place in areas suitable for the use
taking into consideration the location, surrounding uses, water
quality, drainage, soil conditions and traffic generation; and
(b)
a site plan agreement pursuant to Section 41 of The Planning
Act may be required.
3.3.13
In areas intended for recreational use in the vicinity of the Rainy
River shoreline, the Township shall cooperate with the Ministry of
Natural Resources or other relevant agencies, in their efforts to
establish recreational facilities and a functional water oriented
open space network.
Commercial
and Industrial Development
3.3.14
Commercial and industrial uses providing personal, professional or
retail services, or relating to agriculture or a natural resource,
and recreational commercial uses may be permitted in the Rural area
provided that:
(a)
only dry uses are permitted on lots serviced by private individual
sewage and water services. Dry uses are considered to be uses which
use water for domestic purposes only and which result in the production
of domestic sewage. Domestic sewage includes sewage originating
from human body waste, toilet waste, waste from showers and tubs,
liquid and waterborne kitchen and sink water and laundry waste.
Domestic waste does not include plant or chemical effluent used
in a manufacturing process. Other uses may be permitted provided
it can be demonstrated by the proponent to the satisfaction of the
Health Unit or appropriate approval authority, that there is an
adequate supply and source of water, an acceptable treatment of
waste water is provided and there is no adverse environmental impact
on surrounding uses;
(b)
the use is located on a provincial highway or on an open road maintained
year round by the Township;
(c)
buffering to the satisfaction of the Township shall be provided
where a commercial or industrial use is located adjacent to a residential
or recreational use;
(d)
there is no adverse impact on the amenity and character of the rural
environment;
(e)
adequate parking and loading facilities are provided; and
(f)
a site plan agreement pursuant to Section 41 of The Planning
Act is required.
3.3.15
Aggregate extraction operations shall be permitted in the Rural area
provided that:
(a)
the operation is compatible with surrounding land uses;
(b)
adequate buffering is provided;
(c)
a site plan agreement pursuant to Section 41 of The Planning
Act is required. The agreement shall address the following matters,
but not be limited to:
i) hours of operation;
ii) location of proposed buildings, machinery and equipment;
iii) setbacks, landscaping and buffering;
iv) storm water management;
v) existing and anticipated final grades of excavation;
vi) access/egress;
vii) haulage routes;
viii) improvements/maintenance to Township roads as a result of
increased truck traffic on existing roads; and
ix) site rehabilitation.
(d)
there is a need for the aggregate extraction operations;
(e)
the Province is satisfied with respect to the disposal of liquid
wastes, pumping operations and the control of air and noise pollution,
among other matters;
(f)
no building, equipment, machinery or stockpiling of material is
allowed:
i) within 30 meters of a lot line of an adjacent lot used for
residential, recreational, institutional or commercial purposes;
ii) within 30 meters of the Village area;
iii) within 30 meters of any road or road allowance;
(g)
no excavation of material is allowed:
i) within 60 meters of a lot line of an adjacent lot used for
residential, recreational, institutional or commercial purposes;
ii) within 60 meters of the Village area;
iii) within 30 meters of any road or road allowance; and
(h)
a quarry with blasting operations is to be setback a minimum of
450 meters from a residential building.
3.3.16
Aggregate processing operations, such as crushing, screening and washing
of aggregate products are considered an accessory use to an aggregate
extraction operation and may be permitted provided setbacks for buildings,
machinery and equipment from lot lines is determined on a site specific
basis in consultation with the Township of Morley and with the Ministry
of the Environment and Energy through the issuance of a Certificate
of Approval.
3.3.17
Related aggregate industrial uses such as asphalt plants, concrete
batching plants and aggregate recycling operations may also be permitted
provided they are compatible with adjacent land uses.
3.3.18
Lands used for forestry purposes as defined by the Forestry Act
includes the production of wood and wood products, provision of proper
environmental conditions for wildlife, protection against floods and
erosion, recreation and protection and production of water supplies.
The processing of forest products is considered an industrial use
and subject to the policies of 3.3.14.
3.3.19
Small scale processing of forest products, such as portable sawmill
operations, are considered an industrial use and may be permitted
provided that no equipment or machinery is located:
i)
within 60 meters of a residential lot or a lot used for recreational,
institutional or commercial uses; and
ii)
within 30 meters of any road or road allowance.
3.3.20
Mineral exploration activities are encouraged and permitted in the
Rural area. Mineral mining operations are considered to be an industrial
use and subject to the policies of 3.3.14.
3.4
AGRICULTURAL LANDS
3.4.1
It is the objective of the Agricultural area;
- to
encourage the preservation of agricultural lands for agricultural
purposes;
- to
direct non-farm uses to the Village area or Rural area;
- to
minimize the impact of non-farm uses on agricultural operations;
- to
protect and enhance the natural amenities, character and lifestyle
of the agricultural area; and
- to
encourage the growth of the agribusiness industry in appropriate
locations.
Permitted
Uses
3.4.1
Permitted uses in the Agricultural area include:
- agricultural
uses such as the growing of crops, raising of livestock and other
animals for food or fur, including buffalo, caribou, fish, etc.
greenhouse operations, horticulture, peat extraction and farm related
residential uses;
- secondary
agricultural uses secondary to farming operations such as home occupations,
home industries and uses that produce value added agricultural products
from the farm operation; and
- agriculture
related uses such as farm related commercial and industrial uses
and those agricultural related uses that are required to locate
in close proximity to farming operations. A site plan agreement
pursuant to Section 41 of The Planning Act may be required
for agricultural or farm related commercial and industrial uses.
3.4.2
Other compatible uses such as forestry, conservation, wildlife management
uses and mineral exploration are permitted in the Agricultural area.
Mining activities and mineral extraction are permitted in Agricultural
areas provided the site is rehabilitated so that relatively the same
area and the same average soil quality for agriculture is restored.
Aggregate extraction is also permitted in the Agricultural areas in
accordance with the provisions of Section 3.3.15 and provided the
site is rehabilitated so that relatively the same area and same average
soil quality for agriculture is restored.
Agricultural
Development
3.4.3
Agricultural parcels and farm operations shall be maintained in units
which are large enough to maintain flexibility to adapt to changing
economic conditions of the agricultural industry.
3.4.4
Non-agricultural uses which are not compatible with agriculture are
not permitted in the Agricultural area and are encouraged to locate
in the Village and Rural areas.
3.4.5
Development within the Agricultural area shall not conflict with existing
livestock operations and must comply with the Minimum Distance Separation
I criteria, as amended from time to time. New and/or expansions to
existing livestock operations shall comply with the Minimum Distance
Separation II criteria, as amended from time to time.
3.4.6
Permanent or portable farm help houses may be permitted for farm help
where the size and/or nature of the farming operation makes the employment
of such help necessary and where these additional dwellings do not
have significant negative effect on the tillable area of the farm
or its viability. Farm help houses shall be constructed/erected in
close proximity to the principal farm buildings so that the farm help
house is considered to be an integral part of the farming operation.
The farm help house may share services with the principle residence
provided clearance is obtained from the Northwestern Health Unit that
the septic system serving the principal residence has adequate capacity
to accommodate the farm help house. A farm help house shall not be
constructed/erected with the intention of severing it from the farming
operation in the future.
3.4.7
Consents involving agricultural lands are generally discouraged and
shall be permitted provided:
(a)
the severed and retained lots are intended for agricultural use
and are of a size appropriate for the agricultural use;
(b)
the consent is for an agriculture related uses;
(c)
the consent is for a residence surplus to a farming operation as
a result of farm consolidation;
(d)
the consent is for residential use for a member of the farm family
who is employed on the farm;
(d)
the consent provides for residential infilling; and
(e)
the consent is for a retirement lot for the farmer who is retiring
from active working life and has been farming on or before January
1, 1994 and has owned and operated the farm for a substantial number
of years.
3.4.8
Residential infilling in the Agricultural area shall be permitted
between two existing non-farm residences on separate lots which are
situated on the same side of the road and not more than 100 metres
apart. The creation of lots through residential infilling in the Agricultural
area shall not interfere with or have negative impacts on the normal
farming practices of surrounding agricultural operations.
3.4.9
Lots created for residential uses in the Agricultural area shall be
of a size large enough to accommodate the residence, plus on-site
individual water and septic disposal systems an should be located
in such a way to avoid the most productive portion of the farm and
be in accordance with the Minimum Distance Separation I criteria.
3.5
HAZARD LANDS
3.5.1
For lands designated Hazard Lands on Schedules "A-1", the permitted
uses shall be shoreline protection works, floodplain protection works,
fisheries management, wildlife management, waterfowl production, forestry,
agriculture, mineral exploration and public and private parks.
3.5.2
Any development which involves the channelization, diversion, damming,
walling and dredging of a natural watercourse, or the installation
of a culvert, causeway or dock in the Hazard Land area, is subject
to the approval of the Province in accordance with the provisions
of the Lakes and Rivers Improvement Act and/or the Public
Lands Act and the Ontario Water Resources Act.
3.5.3
Along portions of the Rainy River, Pinewood River and Cameron Creek
shoreline, Leda clay soils may be present at various locations. The
Ministry of Natural Resources should be consulted to determine the
locations where these clays are found and should also be consulted
prior to development being approved where Leda clay soils are known
to be present to provide input regarding the need for possible mitigation
and protection measures to ensure that matters of public safety are
addressed and the potential for property damage is minimized.
3.5.4
Existing uses shall be recognized despite the natural hazardous characteristics
of the land. Expansions to such uses will, however, be discouraged
unless they involve the following:
(a)
reconstruction and/or minor alterations to existing buildings or
structures, storage sheds, in-ground swimming pools which are approved
by the Province; and
(b)
additions or extensions, including new structures to existing agricultural
operations which are not likely to incur significant flood damage
or will not result in impediments to flow or floodwater storage,
which are approved by the Province.
3.5.5
Any applications to redesignate Hazard Lands will be carefully reviewed
and shall not adversely impact on the natural environment. The Township
shall, in conjunction with the Province, require the proponent of
an application to submit a study prepared by a qualified environmental
specialist to address the following considerations:
(a)
a description of the natural environment and existing physical characteristics,
including a statement of environmental quality;
(b)
a description of the proposed development and potential effect on
the natural environment;
(c)
a description of the costs and benefits in terms of economic, social
and environmental terms of any engineering works and/or resource
management practices needed to mitigate the potential effects; and
(d)
an evaluation of alternatives including other locations for the
proposal.
3.5.6
Hazard Lands may not be considered acceptable as part of a parkland
dedication pursuant to The Planning Act.
3.5.7
Property owners are encouraged to provide a coordinated approach to
the use of land and management of water in areas subject to flooding
in order to minimize social disruption in consultation with the Province
SECTION
4 - COMMUNITY SERVICES AND FACILITIES
4.1
GENERAL
4.1.1
The intent of this Plan is to maintain a level of public service that
is appropriate for the rural character and environment of the Corporation
of the Township of Morley.
4.1.2
The objectives of this section of the Plan is to provide policies
that will ensure adequate services are provided that recognize the
Township's financial capabilities and not place undue strain on the
Township's financial resources.
4.1.3
The use of alternative development standards is encouraged for new
development and redevelopment provided that the standard of development
allows for flexibility and adaptability in design and enhances the
liveability of the proposal, provides cost efficiency in the delivery
of services and supports the principles of environmental sustainability.
4.2
ROADS
4.2.1
Safe and efficient movement of people and goods within the Township
and to and from adjacent municipalities is encouraged by this Plan.
The road system should safely serve the Township but should not be
developed to a standard or extended beyond which would result in a
burden to the residents and taxpayers of the Township.
4.2.2
The classification of roads in the Township are as follows:
(a)
Provincial Highways - this system of roads applies to all numbered
provincial highways under the jurisdiction of the Ministry of Transportation.
The primary purpose of provincial highways is to move people and
goods between centres and through the Township. Access to provincial
highways is restricted to allow for this primary purpose. Entrance
permits are required from the Ministry of Transportation for any
new entrance/access onto a provincial highway; and
(b)
Township Roads - this system of roads applies to all roads under
the jurisdiction of the Corporation of the Township of Morley. The
Township is responsible for the maintenance of all roads within
its jurisdiction. The primary purpose of Township roads is to facilitate
local travel and areas for development. Direct access to Township
roads is normally permitted from any abutting lot provided there
are adequate sight lines, suitable grades and the access will not
cause traffic hazards.
4.2.3
It is the intent of this Plan to restrict development of new roads
and restrict new development to the existing road system unless future
development proceeds by plan of subdivision or an access or service
road is required to accommodate new development along the Highway
11 corridor.
4.2.4
Should the construction of a new road or extension of an existing
road be warranted, the road shall be designed and constructed to meet
approved standards and the road shall be suitable for assumption into
the Township road system.
4.2.5
The Township is not responsible for the costs associated with the
design and construction of new roads or the extension of existing
roads or the costs of providing entrances from existing or new roads.
These costs are the direct responsibility of the proponent for the
new road, road extension or entrance.
4.2.6
Unless it is clearly in the public interest, private roads will not
be assumed by the Township into the Township road system.
4.2.7
Year-round maintenance will be provided on all Township roads (excluding
seasonal roads) under the jurisdiction of the Township as per the
Township's Roadway Service Standard.
4.2.8
The right-of-way width of Township roads shall generally be a minimum
of 20 meters (66 feet). As a condition of development approval, the
Township may require the dedication of road widenings to achieve the
20 meter (66 feet) road right-of-way widths where they presently do
not exist.
4.3
WATER SUPPLY
4.3.1
The source of water supply in the Township is from private individual
wells. It is intended that the responsibility for water supply in
the Township will be with each property owner.
4.3.2
Individual private wells serve as an adequate supply of water for
the Village and Rural areas of the Township. It is intended that lot
sizes remain large enough to ensure that private wells remain the
source of water throughout the Township.
4.4
SEWAGE DISPOSAL
4.4.1
Private individual septic tanks and tile field systems are the means
of sewage disposal in the Township. Each individual property owner
is responsible for the provision of private sanitary sewage disposal
approved by the Northwestern Health Unit.
4.4.2
It is intended that lot sizes remain large enough and soil conditions
are suitable to allow the safe and efficient operation of individual
private sewage disposal systems. Private sewage disposal systems will
remain the source of sewage disposal in the Village and Rural areas
of the Township.
4.5
NON-HAZARDOUS SOLID AND LIQUID WASTE DISPOSAL
4.5.1
No additional solid waste disposal sites or expansions to the existing
facilities are anticipated over the life of this Plan. However, additional
cells at the existing site may be opened as required.
4.5.2
If additional solid waste disposal sites are required or an expansion
to an existing facility is required, these sites should:
(a)
avoid areas of high ground water;
(b)
maintain an adequate separation and buffer from all existing development;
(c)
avoid pollution of the ground water and watercourses; and
(d)
be approved by the Ministry of the Environment and Energy.
4.5.3
Liquid waste disposal sites may be permitted subject to an amendment
to this Plan and provided the applicant has demonstrated to the satisfaction
of the Ministry of the Environment and Energy that the facility may
be established without adverse impacts on surrounding land uses and
the natural environment.
4.6
COMMUNITY FACILITIES AND SERVICES
4.6.1
The existing services provided by the volunteer fire departments,
the Ontario Provincial Police and other provincial agencies are considered
adequate to meet the needs of the residents of the Township.
4.6.2
The existing public and separate school facilities serving the residents
of the Township fulfill the educational needs of the residents for
the foreseeable future.
4.6.3
The existing recreation and open space facilities that are available
to the residents of the Township are considered suitable. However,
with increased population growth additional recreational and open
space facilities may be required.
4.6.4
It is the intent of this Plan to encourage the provision of additional
public and private recreational and open space facilities at appropriate
locales for use by the Township residents and tourists, especially
along the shoreline of the Rainy River.
4.6.5
It is the intent of this Plan, that new public and private recreational
opportunities shall not provide an undue financial burden on the Township.
4.7
UNION GAS
4.7.1
Union Gas is a major utility that is regulated by the Ontario Energy
Board Act. Union Gas facilities are permitted in all land use
designations.
4.7.2
The location of all new permanent buildings, structures and excavations
on lands adjacent to transmission and distribution facilities shall
be determined in consultation with Union Gas.
SECTION
5 - IMPLEMENTATION AND ADMINISTRATION
5.1
THE TOWNSHIP'S ROLE IN IMPLEMENTATION
5.1.1
This Official Plan shall be implemented by means of the powers conferred
to the Corporation of the Township of Morley by The Planning Act
and other statutes which may be applicable. In particular, the Plan
shall be implemented through:
(a)
the preparation, adoption and enforcement of zoning by-laws where
deemed appropriate;
(b)
the preparation, adoption and enforcement of other land use planning
provisions such as property maintenance and occupancy standards
by-laws, interim control, temporary use by-laws, holding by-laws
and minor variances where deemed appropriate;
(c)
the consent and subdivision approval process; and
(d)
the site plan control process.
5.2
PUBLIC SECTOR AND PRIVATE SECTOR
5.2.1
The activities and undertakings of the Provincial and Federal Governments,
and the private sector shall serve to implement the policies and objectives
of this Plan. It is also intended that the construction of public
works within the Township shall conform to the policies of this Plan.
5.3
NON-CONFORMING USES
5.3.1
Where a legally existing use of land does not comply with the land
use designations and policies of this Plan, it will be permitted provided
that:
(a)
there is no change of use or performance standard that may aggravate
or cause conflicts with adjacent complying uses;
(b)
the use of land will not constitute a danger or nuisance to surrounding
uses and persons by virtue of a hazardous nature, poor property
conditions, traffic generation or similar characteristics;
(c)
there is no pollution of air or water to the extent of interfering
with the ordinary enjoyment of the property and surrounding uses;
(d)
the use does not interfere with the desirable development of the
surrounding area that is in conformity with this Plan; and
(e)
where the existing use is discontinued for more than one (1) year,
it will be permitted only in accordance with the policies of this
Plan.
5.3.2
It is the intention that non-conforming uses will cease to exist in
the long term.
5.3.3
Extensions or enlargements of the land, building or structure of a
legal non-conforming use may be permitted provided that:
(a)
the proposed extension or enlargement will not unduly increase any
existing nuisance as a result of the use, particularly as it may
affect adjacent residential uses; and
(b)
the extension or enlargement will not create any new nuisance in
addition to those in existence as a result of the current use.
5.3.4
The repair or replacement of a legal non-conforming use may be permitted
provided that:
(a)
the repair or replacement will not unduly increase any existing
nuisance as result of the use, particularly as it may affect adjacent
residential uses; and
(b)
the repair or replacement will not create any new nuisance in addition
to those in existence as a result of the current use.
5.4
PUBLIC PARTICIPATION
5.4.1
The Township intends that the public be involved in the formulation
and implementation of planning policies. To this end, the Township
shall notify and seek the views and participation of the public prior
to making decisions regarding planning amendment and development applications
pursuant to the provisions of The Planning Act.
5.4.2
The Township may forego public notification and public meetings in
connection with a technical official plan if such amendment will not
affect the provisions and intent of the Official Plan or amendments
thereto, and may include the following matters:
(a)
altering the number and arrangement of any provision;
(b)
correcting punctuation or altering language to obtain a uniform
mode of expression;
(c)
correcting clerical, grammatical, dimensions or typographical error;
(d)
effecting changes in format; and
(e)
consolidating previous amendments into the parent document.
5.5
OFFICIAL PLAN - AMENDMENTS AND REVIEW
5.5.1
No developments or activities shall occur which contravene the intent
and policies of this Plan.
5.5.2
Developments or activities deemed beneficial to the Township, but
not in conformity with the Plan, shall require an amendment to the
Official Plan before proceeding.
5.5.3
The Official Plan shall be amended to reflect the policies of the
Township and the changing needs of the Township.
5.5.4
The Plan shall be subject to a continual review by the Township. Whenever
it is necessary to refine existing policies or amend, delete or add
policies based on new information or trends, this shall be done by
amendment to the Official Plan.
5.5.5
The Official Plan shall be subject to a formal review by Council at
least once every 5 years pursuant to Section 26 of The Planning
Act.
5.5.6
Prior to considering an amendment to this Plan, the Township shall
preconsult with the Ministry of Municipal Affairs and Housing and
any other person or public body that Council considers to have an
interest in the amendment, pursuant to Section 17(21) of The Planning
Act, to ensure that provincial interests are considered.
5.6
ZONING BY-LAW
5.6.1
When deemed appropriated, a Zoning By-law may be prepared to conform
with the Official Plan. A Zoning By-law divides the lands within the
Township into zones, each of which will have regulations to control
the use of the lands and use, character and location of buildings
and structures built upon the land.
5.6.2
A Zoning By-law is one of the main methods of implementing the Official
Plan policies and lands are zoned for purposes compatible and in conformity
with the Official Plan.
5.6.3
Any amendments to a Zoning By-law shall be in conformity with the
Official Plan.
5.6.4
Council may conserve and protect archaeological resources by adopting
zoning by-laws pursuant to Section 34(1)(3.3) of The Planning Act,
to restrict land use activities on a site containing known significant
archaeological resources.
5.7
STREAMLINING REVIEWS OF PLANNING APPLICATIONS
5.7.1
The Province has implemented a "one window" planning service for provincial
review and approval of municipal planning applications at the Ministry
of Municipal Affairs and Housing. The "one window" approach will allow
for a coordinated provincial input at the pre-adoption stage. The
Ministry of Municipal Affairs and Housing will rely on the expertise
of other ministries as needed.
5.8
PARKLAND DEDICATION
5.8.1
The dedication of lands or acceptance of cash-in-lieu of the land
dedication for recreational purposes as a result of new development
or redevelopment of land shall be in accordance with the following
requirements:
(a)
the development or redevelopment of land for residential purposes
may require a land dedication to the Township at a standard of 5%
of that land being developed or redeveloped or cash-in-lieu based
on 5% of the value of the land; and
(b)
development or redevelopment of land for commercial or industrial
purposes may require a land dedication to the Township at a standard
of 2% of the land being developed or redeveloped or cash-in-lieu
based on a value of 2% of the land.
5.8.2
To ensure that parkland dedications are of an acceptable quality,
all sites dedicated as parkland must be accepted by the Township and
satisfy the following criteria:
(a)
be relatively level and are not required for drainage purposes,
nor contain lands susceptible to flooding, having steep slopes or
other physical features which are unsuitable for open space or park
development;
(b)
be located within the community context to provide convenient pedestrian
and vehicular access;
(c)
provide a reasonable park configuration to accommodate the dimensions
and shape of large playing fields, i.e. soccer fields, baseball
fields, etc.;
(d)
have adequate access;
(e)
be provided with basic service requirements; and
(f)
be developed in accordance with the Township's parkland standards.
5.8.3
In order to improve pedestrian accessibility to existing and future
open space and recreational facilities, the Township may require,
as a condition of development or redevelopment, the dedication of
land and construction of pedestrian walkways. This dedication of land
and construction of pedestrian walkways shall not compromise or constitute
a part of the required parkland dedication or cash payment in lieu
of parkland dedication.
5.9
IMPLEMENTING COMMUNITY IMPROVEMENT POLICIES
5.9.1
The Corporation of the Township of Morley may wish to implement Community
Improvement Policies where appropriate and these shall include:
(a)
participation in and support for Federal and Provincial community
improvement programs;
(b)
use of authority granted under Section 28 of The Planning Act,
to designate a Community Improvement Area, develop Community Improvement
Plans and acquire and redevelop land; and
(c)
enforcement of the Property Maintenance and Occupancy Standards
By-law;
(d)
encouragement of activities aimed at developing the economic viability
and attractiveness of the Township.
5.10
FEES
5.10.1
Pursuant to Section 69 of The Planning Act, the Corporation
of the Township of Morley may prescribe tariff of fees through a Tariff
of Fee By-law for the processing of applications made in respect of
planning matters, such as Official Plan amendments, consents or any
other planning matter.
5.10.2
The Tariff of Fee By-law shall prescribe the fees to be charged for
processing applications in respect of planning matters and shall also
indicate the authority to which the fee is payable.
5.11
MINOR VARIANCE
5.11.1
The Township may recommend minor variances for relief from regulations
to a Zoning By-law, in accordance with Section 44 of The Planning
Act, the rules of procedure and regulations issued by the Minister
under The Planning Act and the policies of this Plan.
5.11.2
The Township may also recommend minor variances to other by-laws,
such as Interim Control by-laws and the Property Maintenance and Occupancy
Standards By-law where it is deemed appropriate.
5.12
TEMPORARY USE BY-LAWS
5.12.1
Pursuant to Section 39 of The Planning Act, the Corporation
of the Township of Morley may approve the use of land, buildings or
structures for a temporary use not considered to be of a permanent
nature which shall be for uses that will not preclude the future development
of any lands for their most appropriate use, as defined by the Official
Plan.
5.12.2
The Township shall consult with property owners and any other agencies
or individuals who might have knowledge of when conditions might suit
the development of the property, in accordance with the Official Plan
prior to approval of a Temporary Use By-law.
5.12.3
Only uses which will not create land use conflicts or disrupt the
use and development of neighbouring properties shall be authorized
by Temporary Use By-laws.
5.12.4
Notwithstanding the policies of this Plan, temporary uses that are
not otherwise permitted by the Official Plan as permanent uses, may
be permitted by Temporary Use By-laws, subject to the above.
5.13
HOLDING PROVISIONS
5.13.1
In accordance with Section 36 of The Planning Act, the Township
may approve a by-law which identifies a use of land but prohibits
the actual development of this land until a later date when identified
conditions have been met.
5.13.2
During the interim period, when the holding provision is in place,
uses permitted on the affected lands are limited to existing uses
only.
5.13.3
Prior to the removal of the holding symbol, the Township must be satisfied
that the following conditions have been met:
(a)
that servicing requirements for the subject lands are in place;
(b)
that any impacts on surrounding lands can be mitigated through the
use of site plan control or other design requirements; or
(c)
that a site plan agreement has been executed in accordance with
the policies of this Plan and The Planning Act.
5.13.4
It shall be the responsibility of the applicant requesting the removal
of the holding symbol to demonstrate that the conditions for the removal
of the holding symbol have been satisfied.
5.14
INTERIM CONTROL
5.14.1
In areas where the Township wishes to review the existing land uses
or establish new planning policies and where a study of land use planning
policies for the area has been directed, the Township may approve
an Interim Control By-law.
5.14.2
The Interim Control By-law restricts the use of lands to its present
use until the required studies are completed, at which time the Official
Plan may require an amendment or a Zoning By-law may be required to
reflect the findings of the study and desired use.
5.14.3
Pursuant to Section 38 of The Planning Act the length of time
the Interim Control By-law is in effect shall be specified in the
by-law and shall not exceed one (1) year from the date of approval
of the by-law. The Interim Control By-law may be amended to extend
the period of time the by-law is in effect provided the total period
of time does not exceed two (2) years from the approval of the by-law.
5.15
SITE PLAN CONTROL
5.15.1
The Official Plan may be implemented through the use of site plan
control subject to the provisions of Section 41, of The Planning
Act. All of the area affected by the Official Plan shall be deemed
to be a site plan control area with the exception of single and two
unit residential dwellings and agricultural operations.
5.15.2
The goals of implementing site plan control are to:
(a)
ensure safe and efficient vehicular and pedestrian patterns;
(b)
ensure that development will not have a detrimental visual impact
on adjacent uses;
(c)
ensure industrial and commercial developments do not reduce the
enjoyment of adjacent lands; and
(d)
ensure parking, storage, loading facilities and garbage disposal
areas are located in a manner that does not negatively impact on
traffic flows or create adverse visual impacts.
5.15.3
A Site Plan Control By-law may require site plans and/or detailed
drawings of a proposed development to be submitted for approval by
the Township. Such site plans and/or drawings will show any or all
the required information deemed necessary from the items listed in
policy 5.15.4.
5.15.4
Prior to building, the applicant may be required to enter into a site
plan agreement with the Township which may address one or more of
the following matters:
(a)
widenings to any roads or highways that abut the lands subject to
the application. Any proposed widenings requested must be shown
on the site plan drawing;
(b)
provision of sufficient parking, access driveways, loading areas
and similar matters;
(c)
the construction of walkways, ramps and pedestrian access;
(d)
proper lighting of buildings and lands;
(e)
the provision of adequate landscaping and buffering in the form
of trees, shrubs, fences, and/or berms;
(f)
storage and collection areas and other facilities and enclosures
for the storage of garbage and other waste material;
(g)
the conveyance of any easements for the construction, maintenances
and improvements of any drainage works and other public utilities;
(h)
adequate drainage and management of surface storm water and waste
water from the lands, buildings or structures; and
(i)
the location of all buildings and structures to be erected and the
location of all facilities and works to be provided in conjunction
with the buildings and structures.
5.16
PROPERTY MAINTENANCE AND OCCUPANCY STANDARD BY-LAW
5.16.1
The Township is committed to the maintenance and development of a
safe, healthy and attractive environment. The Township may adopt a
By-law pursuant to Section 31 of The Planning Act, which sets
out standards for the maintenance and occupancy of property and prohibits
the use of property which does not conform with the standards. The
By-law shall require that all substandard properties be repaired in
conformance with the By-law or be cleared of all buildings, debris,
structures or refuse and left in a graded and levelled condition.
The By-law shall specify the manner in which the By-law will be administered
and enforced.
5.16.2
The above By-law may address the following items:
(a)
the physical condition of yards and passageways, including an accumulation
of debris and rubbish and discarded motor vehicles and trailers;
(b)
the adequacy of sanitation, including drainage, waste disposal and
garbage;
(c)
the physical condition of accessory buildings; and
(d)
the physical condition of all buildings and dwellings.
5.16.3
After passing the above By-law, a Property Standards Officer shall
be appointed and a Property Standards Committee shall be established.
The appointment and responsibility of the Property Standards Officer
and Property Standards Committee shall be in accordance with Section
31 of The Planning Act.
5.17
AGENCY NAMES AND RESPONSIBILITIES AND LEGISLATION
5.17.1
From time to time, the names of various government ministries and
agencies may change. In addition, responsibilities may shift from
ministry to ministry. The names of the various ministries responsible
for the programs, regulations and approvals are given in this Plan
as of the date of adoption of this Plan. It is not intended to amend
this Plan each time a change in name or responsibility occurs. Rather,
this Plan shall be interpreted so as to refer to those agencies named,
or their successors, as conditions dictate.
5.17.2
From time to time Provincial and Federal statutes are amended and
section numbers are changed. It is not intended to amend this Plan
each time such a change is made. This Plan shall be interpreted so
as to refer to legislation as amended from time to time.
5.18
LAND USE BOUNDARIES
5.18.1
It is intended that the boundaries of the land use designations, shown
on the attached Schedule, be considered as approximate and absolute
only where bounded by public roads, rivers, streams or other similar
geographical barriers. Therefore, amendments to the Plan will not
be required in order to make minor adjustments to the approximate
land use boundaries, provided that the general intent of the policies
is preserved. Such minor deviations will not be reflected on the Schedules.
SCHEDULE
A-1 LAND USE PLAN - TOWNSHIP OF MORLEY
SCHEDULE
A-2 LAND USE PLAN - VILLAGE OF STRATTON
APPENDIX
A
Definitions
Agricultural
uses: means the growing of crops, including nursery and horticulture
crops; raising of livestock and other animals for food or fur, including
poultry and fish; acquaculture; peat extraction; agroforestry, maple
syrup production; and associated on-farm buildings and structures.
Areas
of archaeological potential: means areas with medium or high
potential for the discovery of archaeological resources. This potential
is based on the presence of a wide range of geographic and historical
features which influence past settlement. Archaeological potential
is confirmed through an archaeological assessment.
Areas
of mineral potential: means areas favourable to the discovery
of mineral resources due to geology, the presence of known mineral
deposits or other technical evidence. Areas of mineral potential are
identified using acceptable scientific methodology.
Built
heritage resource: means one or more buildings, structures,
monuments, installations or remains associated with architectural,
cultural, social, political, economic or military history and identified
as being important to a community.
Contaminated
sites: means sites that have been contaminated from past
activities related to, but not limited to, industrial uses, transportation
or utility purposes including municipal and MTO refuelling yards,
rail yards, waste disposal sites, lands used for intensive agricultural
uses such as green houses, commercial uses such as gas stations, auto
repair shops, dry cleaning plants and lands where filling may have
occurred.
Cultural
heritage resources: means a defined geographic area of heritage
significance which has been modified by human activities. Such an
area is valued by a community and is of significance to the understanding
of the history of a people or place and may include archaeological
sites, cemeteries and unmarked burials, buildings and structural remains
of historic and architectural value and man-made rural and village
districts or landscapes of historic and scenic interest.
Garden
Suite: means a small self-contained secondary dwelling sometimes
referred to as a "granny flat" that is designed to be portable. Each
unit must have its own kitchen, bathroom and living area. In most
cases the water and sewer services are connected to those of the main
dwelling. The garden suite must be able to be removed when it is no
longer needed.
Group
Home: means a housekeeping unit in a residential dwelling
licensed by the Province in which a maximum of ten (10) residents,
excluding staff, live as a family under responsible supervision.
Hazardous
site/hazardous land: means unstable lands or areas subject
to change as a result of naturally occurring hazards such as erosion,
flooding, unstable slopes and steep banks, unstable soils or bedrock.
Home
industry: means the use of part of a dwelling unit or an
accessory building to a dwelling unit for an industrial use by one
of the permanent residents of the dwelling unit which is secondary
to the main use of the dwelling unit or agricultural operation and
may include photography, upholstery, weaving, dressmaking, animal
hospital, wood-working shop, carpentry shop, trucking operation, machine
shop, blacksmith shop, etc.
Home
occupation: means an occupation, trade, business, profession
or craft which is clearly secondary to the main use of the dwelling
unit and carried out entirely within part of a dwelling unit by at
least one of the permanent residents of such dwelling unit and may
include hairdressing, accounting/bookkeeping, medical/dental practitioner,
drafting, word processing, etc.
Infrastructure:
means physical structures that form the foundation for development.
Infrastructure includes sewage and water works, waste management systems,
electrical power, communications, transit and transportation corridors
and facilities, and oil and gas pipelines and associated facilities.
Livestock
facilities: means livestock barns where animals and poultry
are housed including beef feedlots and associated manure storage.
Minimum
distance separation formulae: means formulae developed by
the Province to separate uses so as to reduce incompatibility concerns
about odour from livestock facilities and other land uses.
Natural
heritage features: means features and areas such as significant
wetlands, fish habitat, significant portions of a habitat or endangered
and threatened species, significant wildlife habitat and significant
areas of natural and scientific interest which are important for their
environmental and social values as a legacy of the natural landscape
of an area.
Portable
asphalt plant: means a facility with equipment designed to
heat and dry aggregate and to mix aggregate with bituminous asphalt
to produce asphalt paving material, and includes stockpiling and storage
of bulk materials used in the process. A portable asphalt plant is
not of permanent construction, but is designed to be dismantled and
moved to another location as required.
Residential
infilling: means the creation of a lot in an area of agricultural
activity between two existing non-farm residences on separate lots
which are situated on the same side of the road and not more than
100 meters apart. The creation of lots through residential infilling
shall not interfere with or have negative impacts on the normal farming
practices of surrounding agricultural operations.
Residential
intensification: means the creation of new residential unit
or accommodation in existing buildings or on previously developed,
serviced land and includes infill, accessory apartments and rooming
houses.
Waste
management system: means sites and facilities to accommodate
solid waste from one or more municipalities and includes landfill
sites, recycling facilities, transfer stations, processing sites and
hazardous waste depots.
Wayside
pit or wayside quarry: means a temporary pit or quarry opened
and used by a public road authority or their agent, solely for the
purposes of a particular road project or contract of road construction
or maintenance. Accessory aggregate processing operations such as
crushing, screening, washing and stockpiling of aggregate product
are also considered to be permitted uses in a wayside pit or quarry.
Wetlands:
mean lands that are seasonally or permanently covered by water as
well as lands where the water table is close to or at the surface.
In either case, the presence of abundant water has caused the formation
of hydric soils and has favored the dominance of either hydrophytic
or water tolerant plants. The four major types of wetlands are swamps,
marshes, bogs and fens.
Woodlands:
means treed areas that provide environmental and economic benefits
such as erosion prevention, water retention, provision of habitat,
recreation and the sustainable harvest of woodland products. Woodlands
include treed areas, woodlots or forested areas and vary in their
level of significance.
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