Body: Council Type: Agenda Meeting: Regular Date: March 18, 2025 Collection: Council Agendas Municipality: South Frontenac
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Township of South Frontenac Council Meeting Agenda
TIME: DATE: PLACE:
6:30 PM, Tuesday, March 18, 2025 3910 Battersea Road, Battersea.
Call to Order
a)
Resolution
That the Council meeting of March 18, 2025 be called to order at ___ p.m. 2.
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda and Addendum
a)
Resolution
That the agenda be approved, as presented. 4.
Scheduled Closed Session
a)
Resolution
That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items:
- Approval of the January 14, 2025, February 18, 2025 and March 11, 2025 Committee of the Whole “Closed Meeting” Minutes.
- Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board - Enforcement b) c)
Approval of the January 14, 2025, February 18, 2025 and March 11, 2025 Committee of the Whole “Closed Meeting” Minutes. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Enforcement.
d)
Resolution
That Council rise from the Committee of the Whole “Closed Meeting” without reporting. 5.
Recess
Public Meeting
Delegations
Briefings
a)
Representatives from Fourteen Island & Mink Lakes Watershed Association will be present to speak to Council regarding the Fourteen Island Lake Dam.
Approval of Minutes
a)
Resolution
That the minutes of the March 11, 2025 Council meeting be approved.
3 - 14
15 - 23
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Reports Requiring Action
a)
Application to stop up, close and transfer a portion of unopened road allowance between Lots 5 & 6, Concession 13, Bedford between Devil Lake and Perth Road (Road 10)
24 - 38
That Council deny the application submitted by Tim Cook on behalf of Lelah Cook to stop up, close and transfer ownership of a portion of the unopened road allowance between Lots 5 & 6, Concession 13, Bedford between Devil Lake and Perth Road (Road 10). 11.
Advisory Committee Reports or Minutes
Reports Requiring Approval of By-laws
Reports for Information
a)
Draft Official Plan Update
Committee of the Whole
Tabling of Documents
Communications
Notice of Motions
Rise and Report regarding County Council and External Boards
a)
County Council
Announcements/Statements by Councillors
Closed Session (if requested)
Confirmatory By-law
a)
Resolution
39 270
271
That By-law 2025-20, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. That By-law 2025-20, being the confirmatory by-law, be given third reading, signed and sealed. 22.
Adjournment
a)
Resolution
That the Council meeting of March 18, 2025 be adjourned at ___ p.m. South Frontenac is a welcoming and thriving rural community
Fourteen Island Lake Dam Fourteen Island & Mink Lakes Watershed Association (FIMLA) March 18, 2025 Mary Rae, Past President of FIMLA Page 3 of 271
Location Map
14 Island Lake F Dam
Willy’s Lane
2
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Access Road
Background ❑ 2019: Quinte Conservation conducted a dam inspection; noted it was in fair to poor condition with some deteriorated portions requiring repairs ❑ 2020: D.M. Wills Associates was retained by FIMLA to conduct a detailed inspection and recommend a repair solution; confirmed need for significant repairs within the next five years
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3
FIMLA Fundraising ❑ 2021: FIMLA incorporated as a not-for-profit to expand granting opportunities; it was not eligible for a lottery license, so raffles and similar fundraising strategies were not an option ❑ FIMLA raised funds through the following initiatives: ❑ Private donations from members and lake residents ❑ Golf tournaments, FIMLA clothing sales, Lions Club car show and breakfast, and other initiatives ❑ Grants Page 6 of 271
4
Township Funding ❑ FIMLA Board presented to Council in January 2021 and October 2023 to express the fundraising challenges faced by FIMLA ❑ Council approved $200,000 in its 2024 budget for the rehabilitation of the dam and the access road
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5
Project Execution ❑ October 2023: FIMLA retained Aarde Construction Ltd. to commence upgrades to the access road to the dam ❑ July 2024: Aarde completed the access road upgrades ❑ August/September 2024: FIMLA sought bids for the rehabilitation work and entered into a contract with Aarde Construction Ltd. ❑ October 2024: Aarde commenced rehabilitation work on the dam, and completed the work by November 2024 ❑ The work was completed on budget Page 8 of 271
6
Dam Condition – “Before” ❑ In 2020, the engineering consultant, D.M. Wills, had confirmed the need for significant repairs within the next five years ❑ This proved accurate: during construction it became evident that the front sides of the dam had deteriorated more than anticipated, and one side of the sluiceway was at risk of collapsing inward ❑ The contractor also noted a lack of reinforcing rods and mesh on the top surface of the dam, which contributed to the cracking and separation of the front wall ❑ Failure of the structure was imminent Page 9 of 271
7
Dam Condition – “Before”
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8
Dam Condition – “After”
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9
Total Costs $9,616.30 $14,283.20 $33,075.10 $3,949.35 $15,421.57 $2,000.00 $70,517.65 $186,235.75
TOTAL:
$335,098.92 10
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Structural Inspection / Topographical Survey : Scoped Dam Safety Assessment: Detailed Design: Fisheries Impact Assessment: Project Management, Inspection: Final Warranty Inspection (Fall 2025) Access Road Improvements: Dam Rehabilitation:
Summary ❑ Total Cost ❑ FIMLA contributions ❑ Township contributions
$335,100 $135,100 $200,000
11
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• Further to FIMLA member Jim Pine’s recent presentation on February 18th, the ability of local government to recognize and help resolve key challenges in the community is what strengthens communities like ours • FIMLA would like to thank the Township of South Frontenac for supporting this crucial project to safeguard the local environment, infrastructure, and homes in the area
Thank you! Mary Rae Past President, Fourteen Island & Mink Lakes Watershed Association Page 14 of 271
12
Page 15 of 271 Minutes of Council March, 11, 2025
Township of South Frontenac Council Meeting Minutes
Meeting # Time: 7:00 PM Location: 3910 Battersea Road, Battersea Present: Ray Leonard, Doug Morey, Steve Pegrum, Norm Roberts, Ron Sleeth, Scott Trueman, Adam Turcotte, Mayor Ron Vandewal Absent: Randy Ruttan Staff: Louise Fragnito - Chief Administrative Officer, James Thompson - Clerk, Heather Woodland - Deputy Clerk, Brad Wright - Director of Development Services, Kyle Bolton
- Director of Public Services, Delbert Blakney - Director of Fire and Emergency Services, Stephanie Kuca - Director of Finance & Treasurer, Christine Woods, Manager of Planning Services, Troy Dunlop, Manager of Engineering and Projects 1
Call to Order
a)
Resolution Resolution No. [2025-05]-01 Moved by Councillor Sleeth Seconded by Councillor Roberts That the Council meeting of March 11, 2025 be called to order at 7:03 p.m. Carried
2
Declaration of pecuniary interest and the general nature thereof
a)
There were none.
3
Approval of Agenda and Addendum
a)
Resolution Resolution No. [2025-05]-02 Moved by Councillor Pegrum Seconded by Councillor Leonard That the agenda be amended to include the addendum. Carried Resolution No. [2025-05]-03 Moved by Councillor Pegrum Seconded by Councillor Leonard That the agenda, as amended, be approved. Carried
4
Scheduled Closed Session
a)
Not applicable.
5
Public Meeting
a)
Resolution
Page 16 of 271 Minutes of Council March, 11, 2025 Resolution No. [2025-05]-04 Moved by Councillor Turcotte Seconded by Councillor Sleeth That the public meeting be called to order. Carried b)
Notice of Collection The Deputy Clerk read the Notice of Collection.
c)
Application for Unopened Road Allowance Purchase - 1173 Narrows Lane Heather Woodland, Deputy Clerk, was present and provided an overview of the application. Mayor Vandewal afforded members of Council the opportunity to ask questions. In response to a question from Councillor Trueman, Heather Woodland clarified that the purchase price was at the same rate as the portion of road allowance which was sold to the south, identified as Parcel C on the location map. Mayor Vandewal afforded members of the public the opportunity to provide comments. No members of the public provided comment.
d)
Public Meeting for Zoning By-law Amendment Application PL-ZBA-2025-0001, Trousdale (P.A. Miller Surveying Ltd.), 1125, 1127 and 1137 Willy’s Lane, Fourteen Island Lake Christine Woods, Manager of Planning Services, was present and provided an overview of the application. Mayor Vandewal afforded members of Council with an opportunity to provide comment. Paul Miller, P.A. Miller Surveying Ltd., was present at the meeting to represent the application as the agent. In a response to a question from Councillor Morey regarding a potential alternative for extending lot 2 and if there was thought to extend the lot to the two unused cottages, Paul Miller explained the rationale behind the size and shape of the lots and the considerations for septic system installation. He added that it has been communicated that the intention is to retain the two unused cottages. In response to a question from Mayor Vandewal regarding future development applications for the buildings, Christine Woods provided additional details regarding the process to request permission to enlarge dwellings that are located less than 30 metres from the water. Councillor Trueman inquired about the standard for installing a septic system, and Chrisitine Woods provided additional details regarding the lot with regards to the potential for a septic system. Mayor Vandewal afforded members of the public an opportunity to provide comment. Jim Pine was present and offered support for the proposed application and consents. Timothy Brown was present and explained that his cottage is located on the far
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Page 17 of 271 Minutes of Council March, 11, 2025 end of Willy’s Lane. He sought clarification and assurances regarding an existing leased right of way and how it would be maintained if the properties were sold to a new owner. Paul Miller clarified that the issues of right of way will be addressed during the consent process, and added that it is assumed that the Trousdale family are agreeable to maintain the right of way and that it would not be in anyone’s interest to argue that. Christine Woods offered additional clarification regarding the process to include the right of way as a condition to an application. She also provided an explanation regarding the process for the zoning application coming forward in advance of the consent application and an overview of the next steps. Timothy Brown inquired about shared maintenance on the private lane. Christine Woods suggested that it would be beneficial for the residents on the lane to work out an agreement for maintaining the lane, and that it is not something that can be dealt with through the zoning application.
e)
Resolution Resolution No. [2025-05]-05 Moved by Councillor Leonard Seconded by Councillor Roberts That the public meeting be closed. Carried
6 a)
Delegations There were none.
7
Briefings
a)
Heather Roberts, Utilities Kingston, was present and spoke to Council regarding the Sydenham Water Treatment Plant 2024 Annual Summary Report.
b)
Mike Vilneff from the Loomex Group was present and spoke to Council regarding the 2025 Fire Master Plan.
8
Approval of Minutes
a)
Resolution Resolution No. [2025-05]-06 Moved by Councillor Roberts Seconded by Councillor Pegrum That the minutes of the February 18, 2025 Council meeting be approved. Carried
9
Reports Requiring Action
a)
Request for Extension of Approval – Shield Shores Draft Plan of Condominium 10CD-2016/001 Resolution No. [2025-05]-07 Moved by Councillor Sleeth Seconded by Councillor Leonard
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Page 18 of 271 Minutes of Council March, 11, 2025 That Council recommend the County of Frontenac extend draft plan approval for a period of two years for application 10CD-2016/001, subject to the conditions approved by the County of Frontenac on May 15, 2019, and direct the Clerk to forward this resolution to the County Clerk. Carried b)
Vesting of Failed Tax Sale Properties Resolution No. [2025-05]-08 Moved by Councillor Pegrum Seconded by Councillor Roberts That Council authorize the vesting of the properties listed under Attachment A of Report 2025-043; That the properties listed under Attachment A be declared surplus to allow for next steps to be undertaken in the failed tax sale RFP process; and That the vesting costs for the listed properties under Attachment A, based on the cost at the time the property is vested, be funded from the allowance for doubtful accounts. Carried
c)
2025 Frontenac Farmers Market Special Events Resolution No. [2025-05]-09 Moved by Councillor Sleeth Seconded by Councillor Turcotte That Council designate the special events hosted by the Frontenac Farmers Market as Municipally Significant on May 9th, June 6th, July 11th, September 26th, and December 6th, 2025, from 3:00 pm – 7:00 pm at Centennial Park in Harrowsmith as required by the Alcohol & Gaming Commission of Ontario (AGCO) for a Special Occasion Permit (SOP) for the sale and service of alcohol at the events; and That Council approve the sale and service of alcohol through the Kick & Push Brewery Catering Endorsement licence at the Frontenac Farmers Markets as per By-law 2003-90 on May 16th, June 20th and 27th, July 25th, August 1st, 15th, and 29th, September 12th, and October 10th and 31st, 2025, from 3:00 pm – 7:00 pm. Carried
d)
2025 Municipally Significant Event Designations for AGCO SOP Resolution No. [2025-05]-10 Moved by Councillor Morey Seconded by Councillor Trueman That Council move to designate the South Frontenac Summer Kickoff Music Festival on May 24th, 2025, from 1:30 pm – 9:30 pm at Centennial Park in Harrowsmith as municipally significant in support of the Alcohol and Gaming Commission of Ontario Special Events Permit Application; and That Council move to designate the Open Farms Kickoff Event on September 5th, 2025, from 3:00 pm – 7:00 pm as municipally significant in support of the Alcohol and Gaming Commission of Ontario Special Events Permit Application. Carried
e)
2024 Sydenham Water Annual Summary Report Resolution No. [2025-05]-11
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Page 19 of 271 Minutes of Council March, 11, 2025 Moved by Councillor Pegrum Seconded by Councillor Turcotte That Council receive the 2024 Annual Summary Report for the Sydenham Water Treatment Plant as required by the terms and conditions outlined in Schedule 22 of Ontario Regulation 170/03 for Drinking Water Systems. Carried 10
Advisory Committee Reports or Minutes
a)
Motion regarding Township of South Frontenac Events Resolution No. [2025-05]-12 Moved by Councillor Roberts Seconded by Councillor Leonard WHEREAS South Frontenac staff have done an incredible job planning, coordinating and executing community events throughout the year that draw in residents from across South Frontenac and adjacent communities, and WHEREAS these public events foster a greater sense of community engagement and involvement by all those who attend, volunteer and participate, and WHEREAS the demographic of South Frontenac continues to grow with more people looking to connect with the community through a variety of public recreation event opportunities, and WHEREAS these community events positively contribute to economic development in South Frontenac through visitor spending, job creation, business networking, and promoting South Frontenac as a tourism destination, and WHEREAS planning and executing community events requires a significant amount of work for staff throughout the year including but not limited to fostering partnerships, coordinating volunteers, securing vendors, etc; THEREFORE IT BE RESOLVED THAT staff be directed to review all events led by and scheduled in South Frontenac for 2025 to assess their effectiveness and determine if any new ones could be included, for example movies in park in Battersea, Sydenham and Harrowsmith, and THAT the Recreation and Leisure Services staff report back to the next South Frontenac Recreation and Leisure Services Advisory Committee meeting with any event recommendations and resource impacts for the committee’s consideration, and THAT the report includes South Frontenac’s annual event roster with an estimate on the ideal number of events the Township can do with the current staff resources and what, if any additional staff resources would be required for the Township to consider new events. Carried
11
Reports Requiring Approval of By-laws
a)
RC-24-03 (Rahmel) Unopened Road Allowance Closure and Purchase Request Resolution No. [2025-05]-13 Moved by Councillor Turcotte Seconded by Councillor Sleeth That By-law 2025-14 attached to the Report as Exhibit C, being a By-law to Stop up, close and sell a portion of Unopened Road Allowance, Part 1 Plan 13R23297, Storrington/Pittsburgh District, be given first and second reading.
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Page 20 of 271 Minutes of Council March, 11, 2025 Carried Resolution No. [2025-05]-14 Moved by Councillor Roberts Seconded by Councillor Pegrum That By-law 2025-14 be given third reading, signed and sealed. Carried b)
Zoning By-law Amendment Application PL-ZBA-2024-0131, McCaldon, 1015 Little Deer Lane Resolution No. [2025-05]-15 Moved by Councillor Roberts Seconded by Councillor Trueman That By-law 2025-15 being a By-law to amend the zoning on lands known as 1015 Little Deer Lane, Part Block 18, Plan 1938, Part of Lot 1, Concession 12, District of Portland, Township of South Frontenac, be given first and second reading. Carried Resolution No. [2025-05]-16 Moved by Councillor Pegrum Seconded by Councillor Turncotte That By-law 2025-15 be given third reading, signed and sealed. Carried
c)
RC-24-05 (Leverette) Unopened Road Allowance Closure and Purchase Request, Public meeting and By-law Resolution No. [2025-05]-17 Moved by Councillor Morey Seconded by Councillor Leonard That By-law 2025-16 being a By-law to Stop up, close and sell a portion of Unopened Road Allowance, Part 2 and Part 3 Plan 13R19516; Loughborough, be given first and second reading. Carried Resolution No. [2025-05]-18 Moved by Councillor Sleeth Seconded by Councillor Trueman That By-law 2025-16 be given third reading, signed and sealed. Carried
d)
Appointment of Deputy Fire Chief Resolution No. [2025-05]-19 Moved by Councillor Roberts Seconded by Councillor Pegrum That By-law 2025-17 being a By-law to Appoint a Deputy Fire Chief, be given first and second reading. Carried Resolution No. [2025-05]-20 Moved by Councillor Leonard Seconded by Councillor Turcotte That By-law 2025-17 be given third reading, signed and sealed. Carried
e)
Appointment of Treasurer
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Page 21 of 271 Minutes of Council March, 11, 2025 Resolution No. [2025-05]-21 Moved by Councillor Roberts Seconded by Councillor Sleeth That By-law 2025-18 being a By-law to Appoint a Treasurer, be given first and second reading. Carried Resolution No. [2025-05]-22 Moved by Councillor Trueman Seconded by Councillor Pegrum That By-law 2025-18 be given third reading, signed and sealed. Carried 12
Reports for Information
a)
2024 Statement of remuneration and expenses paid to Council Members
b)
2024 Development Charges Reporting
13
Committee of the Whole
a)
Not applicable.
14
Tabling of Documents
a)
There were none.
15
Communications
a)
There were none.
16
Notice of Motions
a)
There were none.
17
Rise and Report regarding County Council and External Boards
a)
County Council Councillor Leonard provided an update regarding the availability of trail permits which will be in effect as of April 1, 2025.
b)
Quinte Conservation Councillor Roberts provided an update regarding the last meeting which included the election of Chair and Vice Chair for a period of 2 years.
c)
Rideau Valley Conservation Authority Councillor Turcotte provided an update of the various items which were considered at the previous meeting which included passing the 2025 budget.
18
Announcements/Statements by Councillors
a)
There were none.
19
Recess
a)
Council recessed from 8:32 p.m. to 8:38 p.m.
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Page 22 of 271 Minutes of Council March, 11, 2025 20
Closed Session (if requested)
a)
Resolution Resolution No. [2025-05]-23 Moved by Councillor Turcotte Seconded by Councillor Sleeth That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following items: a) Personal matters about an identifiable individual, including municipal or local board employees. Carried
b)
Note: Council recessed from 8:32 p.m. to 8:36 p.m.
c)
a) Personal matters about an identifiable individual, including municipal or local board employees. Resolution No. [2025-05]-24 Moved by Councillor Roberts Seconded by Councillor Leonard That Council rise from the Committee of the Whole “Closed Meeting” without reporting. Carried
21
Confirmatory By-law
a)
Resolution Resolution No. [2025-05]-25 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2025-19, being a by-law to confirm generally all actions and proceedings of the Council of the Township of South Frontenac, be given first and second reading. Carried Resolution No. [2025-05]-26 Moved by Councillor Trueman Seconded by Councillor Sleeth That By-law 2025-19, being the confirmatory by-law, be given third reading, signed and sealed. Carried
22
Adjournment
a)
Resolution Resolution No. [2025-05]-27 Moved by Councillor Roberts Seconded by Councillor Pegrum That the Council meeting of March 11, 2025 be adjourned at 8:55 p.m. Carried
Ron Vandewal, Mayor
James Thompson, Clerk
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Page 23 of 271 Minutes of Council March, 11, 2025 South Frontenac is a welcoming and thriving rural community
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Page 24 of 271
To:
Council
From:
Office of the Clerk
Date of Meeting:
March 18, 2025
Subject:
Application to stop up, close and transfer a portion of unopened road allowance between Lots 5 & 6, Concession 13, Bedford between Devil Lake and Perth Road (Road 10)
Report Number:
2025-041
Summary The purpose of the Report is to recommend that Council deny the application regarding the closure and sale of a portion of unopened road allowance between Lots 5 & 6, Concession 13, Bedford between Devil Lake and Perth Road (Road 10). Recommendation That Council deny the application submitted by Tim Cook on behalf of Lelah Cook to stop up, close and transfer ownership of a portion of the unopened road allowance between Lots 5 & 6, Concession 13, Bedford between Devil Lake and Perth Road (Road 10). Background An application was received from the landowners on February 18, 2021 to purchase a portion of an unopened road allowance abutting their property, municipally known as 38 Coronation Lane. The subject lands are developed with a cottage, out buildings, a dock, and formally had a boathouse which was situated on the unopened road allowance prior to its demolition. On April 20, 2021 Council directed staff to begin the process to stop up and close the portion of unopened road allowance, and a public meeting was held on June 1, 2021. The public meeting concluded with Council encouraging the applicants to work with neighbouring property owners to find a resolution to address the concerns expressed at the public meeting regarding access to the water and alleged discrepancies regarding the survey. Between the conclusion of the public meeting and Summer/Fall of 2024 there was no significant movement on the file and no apparent resolution was provided to staff. The applicant requested that the process regarding the unopened road allowance be completed. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report – 2025-041
Page 25 of 271
The Municipal Act, 2001, allows Council to consider the stopping up, closing and transferring of lands that are surplus to the needs of the municipality. This application was received prior to the approval of By-law 2024-66 and is being considered under the former policy. Discussion/Analysis The benefitting lands, 38 Coronation Lane, are shown in the satellite image from Frontenac Maps, attached to the Report as Exhibit A. The image shows the location of the cottage and the former site of the boathouse which encroached on the unopened road allowance. The boathouse has since been demolished. In 2021, it was identified that one of the objectives of the application was to clear title and enable a conversion from Registry to Land titles. The Applicant provided documentation including deeds and transfers that suggested that a portion of the road allowance formed part of the property. Staff and the Township solicitor reviewed documentation with respect to the benefitting lands and determined that there has never been a by-law registered on title to stop up, close and transfer the portion of road. It is important to note that the municipality continues to hold ownership and jurisdiction over this land and it is wholly within the purview of Council to close and transfer the road allowance or to deny the application to purchase the unopened road allowance. Prior to the establishment of By-law 2024-66 it was generally the practice of Council to deny applications which lead directly to water. Following an examination of the Minutes related to the public meeting, recent Council directives related to the consideration of applications which lead directly to water, and the current existing situation of the site, staff are unable to recommend that Council proceed with the stop up, closure and transfer of the unopened road allowance. As such, staff are seeking direction from Council to deny the application and close the file. Should Council wish to pursue the closure and sale of the unopened road allowance as outlined in the original application, staff would require direction to work with the applicant to acquire a survey and return to Council with a by-law to complete the process. Financial Implications The application fee and legal deposit have been paid by the applicant to process this road closing application. Should Council deny the application the legal deposit would be refunded to the applicant. Relationship to Strategic Plans ☒ Not applicable to this report. ☐ This initiative adheres to the following guiding principle of the 2023-2026 Strategic Plan. • •
Priority: Choose an item. Action Item (If Applicable): Insert Text www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report – 2025-041
Page 26 of 271
Climate Considerations ☒ Not applicable to this report. ☐ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation Not applicable. Attachments Exhibit A – Location Map Exhibit B – Minutes from June 1, 2021 public meeting Approvals Prepared By: Heather Woodland, Deputy Clerk Submitted By:
James Thompson, Clerk Approved By:
Lousie Fragnito, Chief Administrative Officer
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
“\E SOUTH FRONTENAC 38 CORONATION LANE
Bene?tting L nds Unopened Road Allowance
Wetland
–
Wooded Area Lake Trout Lake At Capacity
Lake Tr
Lake Not at Capacity
Non-Lake Tr
Lake At Capacity
Waterbody
I Township Boundary Road
Inset Map Produced by tne County ot Frontenac under trcense wrtn Ihe Ontarro Mrnrstryol Natural Resources r9 Krng’s Pnnrer tor entano, 2025
Scale: 1:1,750 12.5
25
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wnrte the County makes every ettort to rnsure that the rntorrnatron presented rs accurate tor Ihe rntended uses ottrns map. tnere rs an rnnerent error rn all mapprng products, and accuracy ottrre rnaoorng cannot be guaranteed tor all possible uses ans map drsptays has»: topograprnc teatures only
Date 11/02/2025
Page 28 of 271 Minutes of Council June, 1, 2021 Time: 7:00 PM Location: Electronic Participation/Council Chambers
Meeting # 20 Present (in Council Chambers): Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff (Present in Council Chambers) : Neil Carbone - Chief Administrative Officer, Angela Maddocks - Clerk, Louise Fragnito - Director of Corporate Services and Treasurer Staff (Present via Electronic Participation): Claire Dodds - Director of Development Services, Anna Geladi - Planner, Christine Woods - Senior Planner 1.
Call to Order and Roll Call
a)
The Clerk conducted the roll call as outlined in the attendance noted above.
b)
Resolution Resolution No. 2021-20-01 Moved by Councillor Ruttan Seconded by Councillor Revill That the Council meeting of June 1, 2021 be called to order at 7:00 pm. Carried
Declaration of Office - Deputy Mayor
a)
Councillor Barr took the “Declaration of Office” starting her term as Deputy Mayor from June 1, 2021 to May 31, 2022.
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Agenda
a)
Resolution Resolution No. 2021-20-02 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That the agenda for the June 1, 2021 Council meeting be approved. Carried
Scheduled Closed Session (at end of meeting)
Delegations - not applicable
Public Meeting
a)
Resolution - Open Public Meeting
Page 29 of 271 Minutes of Council June, 1, 2021 The Clerk provided an overview to the public outlining the process to be notified of the decision on the zoning by-law amendments and the process for filing an appeal to the Local Planning Appeal Tribunal. Resolution No. 2021-20-03 Moved by Councillor Sleeth Seconded by Councillor Morey That a public meeting be held to allow for input on planning matters related to: • Z-20-16 - Zoning By-law Amendment - 1712 Hitchcock Drive • Z-21-03 - Zoning By-law Amendment - 4826 North Shore Road • RC-21-04 Road Closing Application - Concession 13 between Lots 5 and 6 Carried b)
Z-21-03 - Zoning By-law Amendment - 4826 North Shore Rd - Kapler Anna Geladi presented the report on this amendment. An application has been submitted to amend Zoning By-law No. 2003-75 to rezone the subject lands from Limited Service Residential - Waterfront (RLSW) to Limited Service Residential - Waterfront - Special Provision (RLSW-59) and Residential Waterfront (RW). The subject property has frontage on North Shore Road and Loughborough Lake. The upland areas of the property are separated by the Loughborough Lake provincially significant wetland. The lands are developed with a single detached dwelling near North Shore Road. The property is subject to consent application S-03-21-L for a lot addition to a property municipally known as 1036 Brittara Lane. Provisional approval of this application was granted subject to conditions on April 9, 2021. Condition 9 requires the severed parcel to be rezoned so that the lands will have the same zone as the parcel receiving the subject lands. The severed parcel is a peninsula located on the south side of the wetland, and beside 1036 Brittara Lane. The RLSW zone is applicable to residential properties that have frontage on a private lane, or are accessed via a private lane, and have frontage on a navigable waterway. In the case of a lot addition severance, it is good planning practice to ensure the enlarged parcel has one consistent zone that applies to the whole property. The RLSW-59 zone applies to the lot that is being enlarged. The lands that are being added through the lot addition severance are also proposed to be zoned RLSW-59 to have one consistent zone on the enlarged parcel once the severance is finalized. Through the review of the consent application, staff determined that the retained parcel should also be rezoned. The retained parcel is zoned RLSW. However, it should be zoned Waterfront Residential (RW) since the property has frontage on, and is accessed from, a public road. This rezoning proposes to change the zoning on both the severed and retained parcels relating to consent application S-03-21-L. Ms. Geladi explained that this application is consistent with the Provincial Policy Statement 2020, the County of Frontenac Official Plan and the South Frontenac Official Plan, and it represents appropriate planning for the subject lands. There were no questions from Council or the public on this application.
c)
Z-20-16 - Zoning By-law Amendment - 1712 Hitchcock Drive (Ed Zimolag) Anna Geladi, Planner presented the report associated with this file. She noted that the subject property has frontage on Hitchcock Drive, but is accessed by Cardinal Lane, which runs through the property. The property abuts Stone Point Road, an assumed public road in a plan of subdivision. The lands are developed with a single detached dwelling located near Hitchcock Drive. The property is subject to consent application S-52-20-S to create one new residential lot with frontage on Stone Point Road. Provisional approval of this
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Page 30 of 271 Minutes of Council June, 1, 2021 application was granted subject to conditions on April 9, 2021. Condition 13 requires the severed parcel to be rezoned to Rural (RU) to recognize that this new lot is accessed from a public road. The severed parcel is located on the North West portion of the subject property between Stone Point Road and Cardinal Lane. Staff identified a 0.3 metre reserve along Stone Point Road as part of the review of the consent application. A 0.3 metre reserve means that the subject property does not have frontage on Stone Point Road. Staff sought direction from Council on this matter and on March 9, 2021, Council, sitting as the Committee of the Whole, directed staff to prepare a by-law dedicating and assuming a portion of the 0.3 metre reserve along Stone Point Road to provide the proposed lot frontage onto this public road. This by-law would provide the subject property frontage on Stone Point Road, thereby facilitating the creation of a new residential lot through the consent application. In preparing to fulfill the conditions of consent approval, the applicant’s lawyer identified that there are title issues that had not been identified as part of the original consent application. These title issues further impact access of the severed parcel to Stone Point Road. The applicant and their lawyer are working to resolve these issues. The by-law for the release of the 0.3 metre reserve will be brought back to Council for passing together with the by-law for this rezoning only after the title issues impacting the severed parcel have been resolved. Public Services and the Building Department (Sewage System Review) were not circulated the rezoning application. These departments had no objection to the approval of Consent Application S-52-20-S and to the release of the 0.3 metre reserve of Stone Point Road. At the time of writing there were no comments on this rezoning application received from the public. This application is consistent with the Provincial Policy Statement 2020, the County of Frontenac Official Plan and the South Frontenac Official Plan, and it represents appropriate planning for the subject lands. However, there were title issues identified that impact access of the severed parcel to Stone Point Road. Staff will await direction from Council to prepare a by-law to bring back to Council after the identified title issues are resolved to rezone the subject lands from Limited Service Residential (RLS) to Rural (RU) in order to enable development on a property that is accessed by a public road. Councillor Morey asked if the applicant is proposing to direct their driveway out to the public road instead of coming from the lane side. Anna Geladi confirmed that the parcel does not have frontage or does not touch the lane so the only access would be form the public road. The applicant, Ed Zimalog inquired about the time frame associated in completing the applicant process and rezoning as well as the release of the 0.3 metre reserve. He confirmed that his lawyer is looking into the title issue and there is not any anticipated delay because of this. Ms. Geladi indicated that staff proposes to bring back to Council for approval two by-laws, one to address the release of the reserve of Stone Point Road and the other to address the rezoning. Both of these are proposed to be brought back to Council when the title issue is resolved, the earliest date being June 15, 2021 pending the 20 day appeal period. There are other conditions of the consent application that also need to be completed. Christine Woods reiterated that the title issue needs to be resolved prior to coming back to Council for approval.
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Page 31 of 271 Minutes of Council June, 1, 2021 d)
RC-21-04 - Closing Application - Between Lots 5 and 6 Concession 13 Bedford
- Cook Claire Dodds, Director of Development Services presented the application. The road allowance is aligned east to west, running from Perth Road (across from MacComish Lane), to Devil Lake. The road allowance begins as a steep embankment at Perth Road, runs across the wetlands before it ends at Devil Lake. The owner of the lands municipally known as 38 Coronation Lane, Lelah Cook and her son, Timothy Cook acting as her agent, have filed a road closing application requesting Council stop up, close and transfer approximately 20 metres by 270 metres of unopened road allowance being part of the unopened road allowance between Lots 5 & 6, Concession 13, District of Bedford. 38 Coronation Lane is a waterfront parcel of land located southwest of the unopened road allowance. The lands are developed with a cottage and outbuildings, including a boat house. The parcel to be enlarged is approximately 0.25 acres in size, being an undersized, legal non-complying parcel. By adding the road allowance to this property, the parcel would be closer to conforming to the current Comprehensive Zoning By-Law 2003-75 provisions and will enable the applicants to restore the boathouse that is currently located on the unopened road allowance. The applicant had originally submitted a request to purchase the full width of the road allowance 270 metres by 20 metres that would be parallel to the applicants existing property. Planning staff and public services staff visited the site on October 28, 2020. Public Services staff advised that they have no issues with selling the road allowance as it runs through a wetland that would be negatively impacted if a road or public access of any nature were to be constructed over the road allowance. There is also a steep embankment where the road allowance meets Perth Road that would pose challenges for access and sightlines. Ms. Dodds reported that Planning Staff have received two replies to the Public Notice from adjacent land owners. Both adjacent land owners advised that they were concerned that the portion of road allowance that encompassed the wetlands may be sold to individual property owners because there may be potential for buildings within the wetlands. Planning staff have advised that a minimum 30 metre setback for any new structures would be required in accordance with Zoning By-law 2003-75. If any structure were proposed at a reduced distance, permission through a minor variance would be required and it would be up to the Committee of Adjustment to make a decision on any applications. The Committee would take into consideration Planning Staff and Conservation Authority staff reports and comments before making a decision. The abutting property owners were satisfied that the wetlands would be sufficiently protected in this regard. The southerly adjacent land owner was also concerned about the boathouse and the demolition and re-construction in a safe and environmentally friendly manner. Planning staff advised that any demolition and reconstruction of the boathouse will require demolition permits and building permits to be obtained through the building department, permits will also be required through the Cataraqui Conservation Authority for the re-construction. The property owner advised that they were pleased to hear this and that they may consider purchasing a portion of the southeasterly side of the road allowance that abuts their property. No application has been made for any portion of the road allowance to date. Concerns in relation to the property fabric shown in the Frontenac Maps illustration as well in the historical surveys were also discussed with both adjacent neighbours. Planning staff advised that while Frontenac Maps is a great tool utilized by Township Staff and members of the public, it is not a formal survey and only a qualified Ontario Land Surveyor is
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Page 32 of 271 Minutes of Council June, 1, 2021 able to produce exact measurements and lot line placement. A formal survey will be required to be completed and registered prior to the by-law being drafted and Council approving the transfer of the lands. The area around the boat house is recognized as a significant wetland and would be required to be maintained in the environmental protection area and the applicant could not construct anything within this defined area. Ms. Dodds noted that written concerns were received just prior to the business day from John and Marjorie Burke and Shane and Liz White. In response to these concerns, she clarified that with the replacement of the boat house it could be reconstructed back to its original dimensions, however anything larger would require additional planning applications for which adjacent property owners would be notified of. She clarified that boat houses are not permitted as of right in the current Zoning By-law and they are essentially only permitted when its to be replaced or repaired if it is an existing boat house. There is a swimming area utilized by the public and neighbours in close proximity to the boat house and the piece of road allowance. The concern is whether this access to the road allowance and the swimming area be maintained. She confirmed that the applicant is aware that Devil Lake is one of the lake trout sensitive lake. With respect to the concerns from adjacent property owners about what the applicant could do with the acquired road allowance, Ms. Dodds indicated that subject zoning setbacks and the wetland features essentially the applicants could reconstruct the boat house and the ands that would be added to their property would enlarge it and subject to the appropriate setbacks for zoning from environmental features and the highwater mark they could use it as an enlargement of their existing property. Councillor Revill met with some residents on site and the concern about swimming in this area with a sandy beach. He was concerned about closing this road allowance as it does not meet with the township policy where we do not close off road allowances leading to water. He felt the boat house would be more of a “dry boat house” and suggested that the building could be reconstructed back on the owner’s property away from the road allowance. He questioned whether the owners of the boat house may have acquired some “possessory title” of township land since it’s been there since 1954, or whether in fact it is a moot point that we are closing the road allowance or not. He also questioned the closing of the road allowance as it is being used to access the beach area as pointed out by the neighbours. Mayor Vandewal felt these were questions that require a legal opinion instead of responding. Claire Dodds agreed that it would be a struggle for the township to require them to remove the boat house. A final report will encompass these questions and concerns. Councillor Sutherland was concerned about going against the township policy on closing road allowances leading to water. This area clearly provides a sandy beach area that provides public access. He understood the grandfather policy about the boat house, nonetheless he felt it was quite possible put on public property originally and this should not be rewarded. He recognized that obtaining a portion of the road allowance will improve the lot in terms of size it would also dramatically improve the value of the applicants lot. He felt the maximum rate per acre for this property should be applied to the sale if it is approved. If as the initial survey shows that only half of the road allowance is part of the property, the survey only dealt with half of the road allowance. He felt it was reasonable to to compromise and that the township keep a portion to maintain the beach area. He felt there is no evidence to indicate the boat house was constructed there legally or otherwise and we have to go against
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Page 33 of 271 Minutes of Council June, 1, 2021 township policies with respect to lake trout sensitivity on this lake and closure of a portion of road allowance leading to water. Councillor Ruttan echoed Councillor Sutherland and Revill’s comments. He felt that if the owners were serious about maintaining the property that the boat house would have been kept in better shape that what photos indicate, it does not look like it is usable at all. He felt they had allowed it to go to a derelict state. Deputy Mayor Barr cautioned that the survey supplied by the owner was correct at the time and that the boat house was built to the standards of the day. She felt the applicant is entitled to rebuild the boat house within the 30 metre setback and should be entitled to rebuild within the same footprint. She felt the township should obtain a legal opinion about the survey and the lot lines. It has been used in the same manner for a number of years she felt the township would not be able to dispute that. Councillor Revill noted the location the boat house abuts the wetland to the north and if the boat house could be rebuilt in an area closer to the south he didn’t see any particular value in keeping the boat house in the existing area. If it could be relocated /moved moved 20 to the south, the concerns from other residents about use of the beach area where swimming could still occur might be addressed. He noted an updated survey would be helpful to determine the property lines are would be most helpful. Mayor Vandewal noted that Council has looked at and considered closing unopened road allowances from a cliff due to accessibility to the water however this area while not necessarily known to all the public, he didn’t support closing this portion. Tim Cook, the applicant/agent, confirmed the intent was just to fix the boathouse. He confirmed that they would be interested in only half of the road allowance. Laura Burke, on behalf of John and Marjorie Burke and Shane and Liz White and they are mostly concerned about their right-of-way to use the road to go down to the water without remove existing cedar hedges. If the road allowance was closed and sold, they would have to cross his property to get to the water. They have enjoyed this property since 1954. Her parents are elderly and its difficult to for them to access without the use of a vehicle. She wanted assurance that they will be continues to use the right of way despite the closure of road allowance. She understood the discrepancy of the surveys. Liz White, speaking on behalf of her mother- in-law Diana White, confirmed that they do use the road allowance regularly as well as the public and young children in the area. They have no assurances from the Cooks’ that they will continue to be able to access the road allowance and public beach. She speculated that the boat house most likely contains asbestos and was concerned about the demolition of it being done safely. Councillor Sutherland sought clarity on where the White’s accessed the road allowance. Liz White suggested that over the years the road allowance has been filled in, there are three cottages up on Coronation Lane that utilize the road allowance to get to the beach. A satellite version of the property was displayed that provided clearer definition of accessing the road allowance. Claire Dodds encouraged the property owners to engage in conversation about possible options that would be of mutual benefit to all. Any demolition would require a permit and this would regulate the safety removal of the boat house.
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Page 34 of 271 Minutes of Council June, 1, 2021 Planning staff are willing to continue the conversation to arrive at an agreement but acknowledged that it will take some time for these items to be resolved as there is already a back log of existing applications in the que. Chris Stethem, owner of the property to the north, pointed out that the survey is incorrect as it relates to their property. A survey from 1990 that is reflected on their deed shows the road allowance going in a straight line. He agreed that a further survey will assist in providing clarity on property liens. Council encouraged all property owners in the area to work together for a resolution. Councillor Revill felt it was more important to have a survey of the area only around the boat house and existing rights of ways. e)
Resolution - Close Public Meeting Resolution No. 2021-20-04 Moved by Councillor Roberts Seconded by Councillor Leonard That having provided an opportunity for input, the public meeting be closed. Carried
Approval of Minutes
a)
May 18, 2021 Council Meeting Resolution No. 2021-20-05 Moved by Councillor Ruttan Seconded by Councillor Roberts That the minutes of the May 18, 2021 Council meeting be approved as presented. Carried
Business Arising from the Minutes
a)
Notice of Motion - Source Water Protection Resolution No. 2021-20-06 Moved by Councillor Sutherland Seconded by Councillor Ruttan That Council endorse the resolution passed by the Town of Fort Erie regarding legislative changes to ensure that those in our community who rely on wells and other private servicing for clean drinking water are afforded the same source water protection as municipal drinking water systems. And that this resolution be circulated to the Honourable Doug Ford, Premier of Ontario, the Honourable Jeff Yurek Minister of the Environment, Conservation and Parks, Andrea Howarth, Leader of the Opposition, all Conservation Authorities and and the Association of Municipalities off Ontario. Carried
Reports Requiring Action
a)
Updated OPP Detachment Board Composition Resolution No. 2021-20-07 Moved by Councillor Sleeth Seconded by Councillor Morey
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Page 35 of 271 Minutes of Council June, 1, 2021 That South Frontenac Council supports the updated recommendation from the Chief Administrative Officers of the Frontenac townships regarding the structure of a new Detachment Board for the Frontenac OPP, involving a nine (9) votingmember board as outlined in the report dated June 1, 2021. Carried b)
2021 Community Grant Recommendations Resolution No. 2021-20-08 Moved by Councillor Sutherland Seconded by Deputy Mayor Barr That Council receive and approve the listing of staff recommended Community Grants included as Attachment 2 to the report prepared and dated June 1, 2021 from Louise Fragnito, Director of Corporate Services and Treasurer; and, That any remaining funds be allocated to a second intake to be issued in the summer of 2021. Carried
c)
2021 COVID-19 Community Grants Recommendations Resolution No. 2021-20-09 Moved by Councillor Sleeth Seconded by Councillor Morey That Council receive and approve the listing of staff recommended COVID-19 Community Grants included as Attachment 2 to he report dated June 1, 2021 and prepared by Louise Fragnito, Director of Corporate Services and Treasurer; and, That any remaining funds be allocated to a second intake to be issued in the summer of 2021. Carried
d)
Road Closing Applications - RC-20-03 and RC-21-02 - 30 Rideau Crescent Lane and 5508 Rideau Road See By-laws 2021-29 and 2021-30
Committee Meeting Minutes - none
By-laws
a)
By-law 2021-29 - Stop up, close and sell road allowance - Rideau Crescent (Cunningham & King) Resolution No. 2021-20-10 Moved by Councillor Roberts Seconded by Councillor Leonard That the following by-laws be given first and second reading: • By-law 2021-29 • By-law 2021-30 Carried Resolution No. 2021-20-11 Moved by Councillor Ruttan Seconded by Councillor Revill That By-law 2021-29, being a by-law to stop up, close and sell a portion of an unopened road allowance being Part 2 on Plan 13R22405, Part of Rideau Crescent, be given third reading, signed and sealed. Carried
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Page 36 of 271 Minutes of Council June, 1, 2021 b)
By-law 2021-30 - Stop up, close and sell road allowance - Part of Rideau Crescent (Prunster) Resolution No. 2021-20-12 Moved by Councillor Morey Seconded by Councillor Sleeth That By-law 2021-30, being a by-law to stop up, close and sell a portion of an unopened road allowance, being Part 1 on Plan 13R22405, Part of Rideau Crescent, be given third reading, signed and sealed. Carried
Reports for Information
a)
Open Farms 2021
Information Items
a)
County of Frontenac - Notice of Public Meeting - Draft Plan of Subdivision (Willowbrook Estates)
Notice of Motions - none
Announcements/Statements by Councillors
a)
Councillor Sleeth inquired about the recruitment status related to the Director of Public Services position and outlined some concerns he had about work to be done. The CAO confirmed that the posting will be out next week for this position.
b)
Councillor Revill suggested that once there is capacity in Public Services, there may be some dollars found to secure/improve Petworth Mill. There was a brief discussion about short and long term plans for properties such as the Petworth Mill and the Battersea dock. Councillor Ruttan suggested that consideration for the 2022 budget needs to acknowledge these projects and how to move forward with improvements. Councillor Leonard agreed with Councillor Sleeth about securing the walls at Petworth Mill for safety and liability reasons.
c)
Mayor Vandewal complimented staff on preparing for the Vaccination Clinic at Keeley Road. This was a great community event.
d)
The CAO reminded Council about the June 17, 2021 Strategic Plan Review meeting at 9:00 am.
Question of Clarity (from the public on outcome of agenda items)
a)
There were no questions.
Closed Session
a)
Pending Acquisition of Land - Bellrock Mill In accordance with the Municipal Act, Section 239.2 (c) Council will move into a closed session to discuss a proposed or pending acquisition or disposition of land by the municipality or local board; with regard to the Bellrock Mill. Resolution No. 2021-20-13
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Page 37 of 271 Minutes of Council June, 1, 2021 Moved by Councillor Morey Seconded by Councillor Ruttan That in accordance with the Municipal Act, Section 239.2 (c) Council move into a closed session to discuss a proposed or pending acquisition or disposition of land by the municipality or local board with regard to the Bellrock Mill property. Carried b)
Pending Land Acquisition - Bellrock Mill
c)
Resolution - Move out of closed session Resolution No. 2021-20-14 Moved by Councillor Sleeth Seconded by Councillor Morey That Council move out of closed session and rise and report in open session. Carried
Rise and Report from Closed Session
a)
By-law 2021-31 - Purchase Bellrock Mill Resolution No. 2021-20-15 Moved by Councillor Leonard Seconded by Councillor Morey That By-law 2021-31, being a by-law to purchase property knows as the Bellrock Mill, described as Concession 11, Part Lot 19, Plan 31, Lot 18, 6024 Main St, Bellrock, be given first and second reading this 1 day of June 2021. Carried Resolution No. 2021-20-16 Moved by Councillor Revill Seconded by Councillor Sutherland That By-law 2021-31, being a by-law to authorize the purchase of the Bellrock Mill property be given third and final reading this 1 day of June 2021. Carried
Confirmatory By-law
a)
By-law 2021-32 Resolution No. 2021-20-17 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2021-32, being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 1 day of June 2021. Carried Resolution No. 2021-20-18 Moved by Councillor Revill Seconded by Councillor Sutherland That By-law 2021-32, being the confirmatory by-law, be given third and final reading this 1 day of June 2021. Carried
Adjournment
a)
Resolution
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Page 38 of 271 Minutes of Council June, 1, 2021 Resolution No. 2021-20-19 Moved by Councillor Leonard Seconded by Councillor Roberts That the Council meeting of June 1, 2021 be adjourned at 9:05 p.m. Carried
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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Page 39 of 271
To:
Council
From:
Director, Development Services
Date of Meeting:
Tuesday, March 18, 2025
Subject:
Draft Official Plan Update
Report Number:
2025-044
Summary Staff are providing an update on the draft Official Plan process. This report provides discussion on changes made since the previous draft, the public consultation process, and discussion of a comments matrix that addresses public comments. Attachments to this report include: a comments matrix of public comments received, final draft version of the Official Plan, Appendices, and Mapping. The final draft version of the Official Plan will be posted to the Engage Frontenac website. Staff will bring back a recommendation report to the April 8th, 2025, Council meeting recommending that Council adopt the draft Official Plan. Recommendation This Report is for information purposes only. Background An Official Plan is a planning tool used to guide and manage land use within a municipality. The current South Frontenac Official Plan was adopted in 2000 and approved in 2003. There are several updates that have occurred to the Planning Act, Provincial Planning Statement (2024), as well as a new County Official Plan over the life of the current South Frontenac Official Plan. The Planning Act requires municipalities to review Official Plans every 10 years and to ensure that the Official Plan has regard for matters of provincial interest (Section 2 of the Planning Act) and is consistent with policy statements. The updates in the legislative framework, with which the South Frontenac Official Plan must conform, results in several new policies being incorporated into the new draft of the Official Plan. The below list outlines major policy additions or changes in the new draft Official Plan: • • •
Building relationships with indigenous communities Growth allocation in settlement areas and rural areas Employment lands policies and designation of land in settlement areas www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2025-044
• • • • • • • • • • • • • • • • • • • •
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Additional dwelling units Agricultural systems definition applied to designate prime agricultural land Agricultural uses, value-added and on-farm diversified uses supported Strengthened policies to support rural tourism and commercial uses Recognition of Frontenac Arch Biosphere and ecological importance of the area Policies relating to undertaking archaeological assessments Recognition of cultural heritage, heritage designation and need to consider development adjacent to designated heritage properties. Road widening widths based on classification of road Private Lane policies Communal servicing policies Conservation subdivision design policies Secondary Plans and Future Secondary Planning Areas Source Water Protection policies Policies and procedures for how to consult with the public Non-Complying and Non-conforming uses Updates to reflect recent Ontario Land Tribunal decisions Community Planning Permit System Pre-consultation and Complete Application Policies Definitions Comprehensive Mapping
The recent draft Official Plan changes, since it was last consulted on in 2023 (Draft 3), were aimed at improving the overall readability, clarity of the policy intent, reducing the length of the document by consolidating policies, clarifying wording, and the introduction of a few new policies. The main changes in this draft include further refinement of the communal servicing polices and how development would proceed in future secondary planning areas. The draft includes changes based on comments received from the public, MECP, Conservation Authorities, and County planning staff. Discussion/Analysis Revisions to the draft final Official Plan are shown with grey highlighting. A detailed list of changes that have been made to the latest version of the Official Plan include the following: Changed Agricultural to Prime Agricultural Areas designation Changed Rural to Rural Lands designation Changed Zoning By-law to implementing by-law (this acknowledges potential Community Planning Permit System by-law) • Revisions to conform to PPS 2024, revisions based on County comments. Section 1.3 How to Read this Plan • Remove “legal lot lines” regarding boundaries of land use designations from (a) • Add policy about generalized permitted uses. • Add Section 1.4 Transition Policies • Section 1.5 What We Value: Our Visions, Goals and Guiding Principles – changed order of goals and guiding principles. Section 2.1 How We Will Grow • • •
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2025-044
Page 41 of 271
Revised language about the Future Secondary Planning Areas, and moved some of text to Chapter 10. • Policy 2.1.11 – remove reference to “locally appropriate” residential per PPS 2024 Section 2.2 Where We Live • 2.2.9 Change reference from special needs housing to additional needs housing per PPS 2024 Section 2.5 Age-Inclusive Planning • Changed reference from age-friendly to age-inclusive for consistency in document Chapter 3 sections reorganized so that similar policy topics are grouped together. Section 3.1 General • Bullet (g) now (e) - language changed from encouraging stormwater management to requiring stormwater management, lot grading drainage, etc. considerations for all development. Section 3.2 Additional Dwelling Units • Clarify the number of ADUs permitted on a property • Generally not permit ADUs in Waterfront Areas to provide direction for the ZBL. • Clarified why detached ADUs need to be near the principal dwelling • Add that a garden suite and detached ADU are not permitted on the same property, consistent with current ZBL provision • Add policy about ADUs complying to MDS I setbacks, per PPS 2024 • Add policy about detached ADUs in Prime Agricultural Area, per PPS 2024 Section 3.3 (now 3.7) Cannabis Production and Testing Facilities • Added policy requiring facilities in Prime Agricultural Areas to be on the least productive land/soils Section 3.4 (now 3.8) Community Facilities and Open Spaces • Adjust some of the permitted uses to reflect PPS 2024 language; adjust uses allowed in Rural Land and Settlement Area designations Subsection (now 3.4.2) Parks, Trails, and Recreational Facilities • Allow trails and conservation parks in Environmental Protection designation Section 3.7 (now 3.3) Garden Suites • Policy language revised to be similar to ADU policy changes Section 3.11 Waterfront Development • Added text explaining that the 150m Waterfront Area is fluid – more or less land can be included depending on the situation, per County OP • Renewable Energy section moved to Chapter 7 and updated Section 4.1 – Agricultural changed to Prime Agricultural per PPS • Added a policy encouraging agricultural-related and on-farm diversified uses to be encouraged to locate on least productive soils and in building clusters, per County comments. Section 4.2 Rural Areas changed to Rural Lands, per PPS • Removed policies about strip development per County comment • Bullet (i) (now (h)) – remove word “limited” and add phrase about site condition suitability for water and sewage services, per PPS 2024 Section 4.2.2 (now 4.2.3) Residential Uses • Removed reference to townhouses in Future Secondary Planning Area, similar text added to Chapter 10. Remove Reference to strip development Section 4.2.4 Commercial Uses • Added a residential use as an accessory use. Section 4.2.2.4.3 Tourist Commercial Uses •
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2025-044
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Added text about the implementing by-law speaking to lot coverage and open space provisions. Explained the intent of the 50m setback from highwater mark Section 4.3 Settlement Area • Some language changes to reflect PPS 2024 • Additional policies added to Commercial Uses section in response to County comments. The policies provide direction on development form, etc. Section 4.5 Environmental Protection • Clarified the intent of the policies as per County’s comments Section 4.6 Mineral Aggregates • Minor changes made for clarity and to reflect PPS 2024 Section 4.8 Waste Management • Added policies related to redevelopment of former waste disposal sites and within the former influence area of a closed site per County comments. Section 4.9 Secondary Planning Area • Merged with Chapter 10 Section 5.2 Natural Hazards • Repetitive policies for each type of natural hazard were combined. Wildland Fire policies revised to better reflect PPS 2024 Section 5.2.2.2 Abandoned Mines • Section expanded to include abandoned pits and quarries that were identified on Map D. Section 5.3.2 Lake Trout Lakes • “development” added where appropriate to ensure policies apply to new development, not just lot creation. Section 5.3.3 Lake Management Plans • Description of components of a lake management plan removed as the scope of the plan would be determined by the lake association completing it. Section 5.3.6 Drinking Water Source Protection • General, high level policies added. Text and policies removed where appropriate so that there is no duplication with the Source Protection Plans per County comments. Chapter 6 Cultural Heritage • Minor language revisions per PPS 2024. • Expanded policy about built heritage resources and cultural heritage landscapes per County comments. • Policy added allowing Township to use parkland dedication provisions to secure a cultural heritage landscape. Section 7.1 Roads • Added language to note that the Township is under no obligation to provide access to properties taking access from a seasonal road. • Clarified that the policies about new private roads related to lot creation. • Add a section on Active Transportation to provide direction for other high-level policies in the OP. Section 7.3 (now 7.4) Water and Sewage Services • Changed references from “municipal communal services” to “municipal services” to conform to PPS 2024. This change was made throughout the document. • Provided a brief description of centralized and decentralized services, per PPS 2024 and County comments • The first and second draft of the OP spoke to communal services in general, the third draft only spoke to municipal communal services. However, there may be situations •
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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where private communal services are appropriate (these would not be operated by the Municipal Service Corporation). High level policies were added to allow private communal services for certain land uses (e.g. recreational, commercial) per PPS 2024. • Partial Services – text about the Sydenham water system was added for clarity based on County comment. Addition context included per PPS 2024. Section 7.4 (now 7.5) Public Utilities and Communications Facilities Corridors • References to energy storage systems, renewable energy systems and alternative energy systems added per PPS 2024. Chapter 8 How We Will Engage and Consult • Direction on public consultation methods was added per County comments Chapter 9 Land Division • Section 9.1 General Policies – reorganized, additional text added to allow reductions to area, frontage, waterfrontage without an OPA. • Agricultural lot creation policies – language updated to reflect PPS 2024 and County comments Chapter 10 Secondary Plans • The list of what a secondary plan needs to address and consider was expanded. • Policy added to indicate that the Township would generally lead the secondary planning process, but that development proponents could be required to prepare a secondary plan instead. This was added in response to County comments and public comments. • Policy added to require a terms of reference for a secondary plan. • Subsection on Future Secondary Planning Areas was added, which outlines what can occur in this area in the absence of a secondary plan. This was added to provide additional direction to land owners looking to undertake development on lands located within future secondary planning areas. Chapter 11 Implementation • Section 11.5 Zoning By-law was expanded based on County comments to include direction for legal non-conforming uses. Section 11.11 (now 11.12) Committee of Adjustment • Per County comment, added high level direction to Committee on the “tests” for applications for legal non-conforming uses, similar to what was provided for minor variance decisions. The “tests” are based on case law, and are currently considered by staff and the Committee. • Per County comment, added high level direction to Committee regarding decisions for consents considering all applicable policy. Mapping • Maps – Map A – changed a strip of land between K&P Trail and Road 38 from Agricultural to Rural to accommodate potential Township uses in this area. • Added cemeteries map to indicate where there are cemeteries licensed to the Township of South Frontenac. This has been added as Map I – Township Cemeteries. Comments from Council Severances Council has previously asked staff about increasing the number of severances or resetting the clock on severances. Staff recommend a maximum of three (3) new lots (exclusive of www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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the retained parcel) may be permitted through the consent process from a lot of record as it existed on November 25, 2003. Staff note that Section 53 of the Planning Act provides the municipal approval process for the creation of one (1) to three (3) new lots. A plan of subdivision is the process available under the Planning Act (Section 51) to divide one property into multiple building lots or blocks, usually in a group of four (4) parcels or more. Township land use planning decisions must align with the County of Frontenac Official Plan. County policies that direct limited residential development in rural areas includes the following: “The local Townships will, where appropriate, promote intensification in settlement areas through their planning documents.” “Demonstration of limited rural residential development in Township Official Plans may include such measures as limits to the number of lots granted through consent and plans of subdivision.” Local Roads There was a notice of motion from Council requesting that language be added to the Official Plan regarding the extension of a local road on an unopened road allowance. The following policy was added: 7.1.3 Local Roads - “The Township may permit a proponent, at the proponent’s expense, to extend a local road on an unopened road allowance to provide sufficient road frontage to facilitate development of a parcel of land”. Infill development in settlement areas with less than 2 acres Council has previously asked about infill development in settlement areas. Infill development with less than 2 acres serviced with private well and septic could be permitted if a hydrogeological report is submitted to indicate that there would be no negative impacts to well water quality. Infill development in Sydenham with less than 2 acres could be permitted if the lot is serviced with municipal drinking water, as there would be no negative impact to water quality from the private septic system. Public Consultation to Date Below is a summary of the public consultation undertaken since 2019: • •
Council held a Section 26 public meeting on August 6, 2019, where Council made the decision to prepare a new Official Plan. A series of in-person visioning workshops, as well as an on-line survey, occurred during the Fall of 2019. These sessions were well attended and provided great public input to provide a basis for the preparation of a new Official Plan. A summary of the public input was shared with Council in January 2020. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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The Official Plan was put on pause during the height of the COVID-19 pandemic, until means of virtual consultation were put in place. Dillon Consulting was engaged in March 2021 to assist staff with the preparation of the new Official Plan. In May 2021, Dillon Consulting met with Council and Senior staff to gain input on the Road Map and Engagement Strategy that was endorsed by Council for the new Official Plan in June 2021. This document included an Indigenous Engagement Strategy. In August 2021, a series of policy direction brochures were released and three virtual policy direction workshops were delivered to engaged participants. An on-line survey was also available for the public to share comments on the policy direction information sheets that were posted on Engage South Frontenac in August/September 2021. This information, along with the results of the 2019 public engagement was used to prepare a Policy Direction’s report for Council in November 2021. This report was endorsed by Council in December 2021. The first draft of the Official Plan was presented to Council in May, 2022 and posted on Engage Frontenac. The draft was circulated to the public, indigenous communities, and technical review agencies. A second draft was presented to Council in January, 2023. Two well attended in-person public meetings were held in Spring 2023. A Statutory Public meeting was held in the Council Chambers in May, 2023. Notice was provided to the public and external agencies. A report on Settlement Areas and Communal Servicing was presented to Council in October 2023. A Public meeting was held to discuss communal servicing policies in Summer 2024. The third draft of the Official Plan was posted to engage Frontenac, and circulated Summer 2024. Comments received on the third draft until December, 2024. Comments received from County in January 2025. Final revisions and edits from January to March 2025. Final draft to be posted to Engage Frontenac and circulated on March 13, 2025 All background materials and reports considered by Council to date are available on the Engage South Frontenac website at: https://engagefrontenac.ca/official-planreview-south-frontenac-2040
Comments Matrix Table Exhibit A is a comment matrix table of public comments received and staff response. Overall, there were a number of comments relating to waterfront development, septic reinspection programs, short-term accommodations, shoreline protection by-laws, shoreline vegetative buffers, climate change, affordable housing, prime agricultural lands, and future secondary planning areas, plus other comments. Staff has made revisions to the draft Official Plan where appropriate. Next steps
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The final draft version of the Official Plan will be posted to the Engage Frontenac website. Staff will bring back a recommendation report to the April 8th, 2025, Council meeting recommending that Council adopt the draft Official Plan. If Council adopts the new Official Plan, it will then be sent to the County for final approval. Once the County is satisfied with the document they will formally approve the new Official Plan. After the County approves the Official Plan, there will be a 20-day appeal period during which any person or public body who participated in the process can appeal the approval to the Ontario Land Tribunal. If there are no appeals, then after this 20-day appeal period is over, the Official Plan will come into force and effect. Financial Implications There are no financial implications at this time. Relationship to Strategic Plan ☐ Not applicable to this report. ☒ This initiative adheres to the following strategic pillars and directions of the 2023-2026 Strategic Plan. • •
Pillars: Sustainable Long-Term Prosperity Action Item (If Applicable): We will work with local, regional, provincial, and federal stakeholders to achieve the community’s long-term environmental, economic, and social priorities.
Climate Considerations ☐ Not applicable to this report. ☒ This initiative supports climate change mitigation/adaption efforts in South Frontenac; and/or impacts the Township’s resilience to climate change. Notice/Consultation • • • • • •
Township Planning Services staff Troy Dunlop, Manager of Infrastructure and Technical Services Joe Gallivan and Sonya Bolton, Frontenac County Planning and Development Dillon Consulting Team – Rory Baksh, Megan Reddy MECP staff Conservation Authorities
Attachments Exhibit A – 2025 Official Plan Comments Matrix Exhibit B – Final Draft Official Plan - with edits Exhibit C – Official Plan Appendices & Mapping www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report Number: 2025-044
Approvals Submitted By:
Bradley Wright, RPP, MCIP, AICP, PLE Approved By:
Louise Fragnito, Chief Administrative Officer
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
E. Freedman – Email Dated June 22 2023 I realize that the comment period for the new Official Plan is over but I was only just able to review it, and wanted to offer one small suggestion as a long time seasonal resident on Buck Lake. In section 4.2.5.4, relating to the dockage site on Perth Road for access to the lake, is it possible to change the specific property owners of “Porcupine and Buck Islands” to something like “water-access lots”? There are several other water access properties on the lake and unless the property owners on those 2 islands have gotten together to create this little marina it seems more reasonable to encourage some provision for the other few water access owners as well. Also, would it be too picky to specify one dockage per property for this site? Or should that be left to a future bylaw if a minority of owners start monopolizing the available docking? Dog & Cranberry Lakes Association – Email Dated May 29th 2023 Adoption of a septic system re-inspection program. The feasibility of a septic system program has been discussed in several township forums, but it is currently concluded that significant barriers prevent possible adoption at this time. Several neighbouring townships have implemented such programs so it is known that a program is achievable. We believe that as a priority issue, and early after the adoption of the plan, attention must be given to how an effective septic system re-inspection can be achieved. Section 3.0 m)- A new by-law for Short Term Accommodation is proposed and commended. In townships such as South Frontenac, short term rentals are largely on lakes, where potential impacts are more pronounced. This section could be strengthened by adding to the end of the clause : " while protecting the environment and reducing impacts on adjacent properties and waterbodies." Section 3.8 c) In this section and throughout the plan, the word shoreline is used. Perhaps the word “shoreland” may be more appropriate. Section 3.8 h) Development within 30 metres of the high-water mark “may require an Environmental Impact Assessment…” This should be changed to “shall require”. This is an important setback area and development is the exception, so further justification and impact should be required. Section 3.8 q) This should be changed to “Township shall prepare and adopt a shoreline protection bylaw….” nd
Section 3.8.2 c) The policy mentions adverse visual impact as a criteria for assessing a redevelopment proposal. While the DCLA supports this policy, there is no mention in the definitions of “adverse visual impact”. There needs to be such a definition to back up this policy. It would be helpful if the Appendix could include design guidelines for waterfront development even though there is no enforcement mechanism. Parks Canada produced guidelines some time ago for new development along the Rideau Canal. Your consultant may wish to review these. It is suggested that in reviewing the applications for changes to non-complying/non-conforming development, Council shall require an Environmental Impact Assessment where development is within 30 metres of the shoreline (h) and require proof that the existing septic system is functioning properly (j). Section 4.1 f) The agricultural community shall be required to provide a buffer of 30 metres abutting a waterbody. No doubt this would be a contentious policy but since the Township is requiring setbacks and vegetation buffers for residential development, the same should apply to agricultural activities.
Comment Response Thank you for your input, we are happy to hear from our community at all stages of the Official Plan Process. This specific policy you mention has been included in the current Official Plan since its adoption roughly 20 years ago. To avoid removing long established precedents, we have decided to carry it forward without alteration into the new Official Plan.
As septic system re-inspections are under the jurisdiction of the Ontario Building Code, they do not need to be mentioned within the Official Plan in order to be implemented.
Short Term Accommodations can not be regulated through Official Plans. Planning related documents have no legal authority to regulate tenancy. In other words Official Plans can not regulate who lives where or how long they reside there. This request will be considered. The term “may” allows planning staff to be discretionary in requiring Environmental Impact Statements. There are some developments which are very minor for which an EIS would be excessive. This suggestion will be considered. The Township is also working with the County on a Community Planning Permit System for waterfront property. Under this system, vegetation removal and site alteration are defined as development and provide the potential for increased land use controls on waterfront properties. A draft template from the County is expected in 2025. Thank you for your suggestion, we will look into those guidelines.
Thank you for your comment. The language of the Official Plan supports the requirement for an Environmental Impact Assessment and other technical studies when deemed appropriate by the Township for new development application. This is stated throughout the document and detailed in Section 11.19, Complete Application Requirements. Thank you for your comments. The use of “shall” in this instance is contradictory to the prevailing Section 4.1.9 of the Provincial Planning Statement. Section 3.11 of Official Plan contains revised policies surrounding Waterfront Development, including details regarding required building setbacks. All additional setback requirements are included within the implementing zoning by-law.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Section 4.2 Rural Areas are forecast to accommodate 46% of the Township’s population growth. This includes seasonal residential and recreational, and tourism uses. This is a high percentage of residential uses when there is emphasis in the plan in encouraging development in settlement areas. Suggest that more development be allocated to the Settlement Areas. Section 4.2.2 b) Lot creation will generally occur by plan of subdivision however a maximum of 3 lots by severance will be permitted from a lot of record (2000). This should be the exception, but this section gives a number of discretionary decisions to the Township. The section should be more prescriptive when proposed lots front on a waterbody. Section 4.2.3 Mobile Home Parks are permitted in the Rural Area. Policies regarding setbacks, vegetation strips should be included where such a use is proposed next to a waterbody. Section 4.2.5.3.1 New tourist commercial uses - This section should be reviewed and compared to best practices in other OPs. Pressure for new and expanding Tourist Campgrounds is seen as one of the more challenging developments in the Township. Not all the controls should be left to the Zoning By-Law. Section 5.1.1. Frontenac Arch Biosphere Reserve: These are very supportive policies but require a commitment to undertake a project with the FABR and others to provide details on how the municipality can support the goals of the FABR Section 6.1.2 Rideau Canal World Heritage Site These are very significant policies from our perspective. We endorse these policies as they support our mission and vision for our lakes. As well we should be specifically identified in subsection a) as a partner working with the Township and Canada to produce a lake plan that will support the actions in subsection a) The Township shall work with Parks Canada and the Dog and Cranberry Lakes Association and other lake associations to identify the cultural heritage, natural heritage, and scenic features and vistas of the Rideau Canal landscape, and will protect those values through appropriate land use policies and designations, land division policies, cultural and natural heritage policies, design guidelines, and view protection policies. Section 7.5 Individual Servicing should have a policy on the Re-inspection of Septic systems like Central Frontenac. Section 7.6.1 Lake Capacity : When considering provincial water quality standards for nutrients, Dog and Cranberry Lakes are at or near capacity. It begs the question: what does this mean for additional development. Should there be a moratorium for new development until a lake capacity study has been conducted? Section 7.6.2 Lake Management Plans We specifically endorse this policy and request that it be renamed “Lake stewardship plans.” Section 9.23 A Shoreline Protection By-Law shall be established rather than may. Appendix C-Should the Rideau Canal System be also applied to the western basin of Opinicon Lake? Brewer Lake, a small land locked lake south of Cranberry Lake, is not part of the Rideau Canal. W. Sepic – Email Dated May 29, 2023 Hello, I commend the planning department for the ideas I saw in the official plan. May I suggest that this is an opportunity to create a model village people will want to see, to live in. Central accessible park/gathering area is essential. Clusters of homes with smaller lots, inclusion of row or semi [home] that are more affordable as well as 2 or 3 story apartments particularly for seniors. Electric charging stations for the increasing number of EV’s. Thanks.
Comment Response These values represent settlement targets rather than hard policies. They are based on projections done through extensive studies.
Additional policies for waterfront development are accounted for in other sections of the Official Plan.
The stated setbacks apply in addition to those which will be implemented in the Zoning By-law. Thank you for your comments, they have been noted and will be considered. The Official Plan supports tourist commercial uses in Section 4.2.4.3. Thank you for your comments, they have been noted and will be considered. The Official Plan supports the preservation of the Frontenac Arch Biosphere Region and other natural environmental areas, as referenced in Section 5.1. Thank you for your comments, they have been noted and will be considered. The Official Plan supports the preservation of the Rideau Canal through references in Section 5.1, including consultation with appropriate public agencies/technical reviewers such as Parks Canada.
Authority for septic Re-inspection programs are provided by the Building Code Act, 1992. It is therefore not needed to be mentioned within the Official Plan in order to be implemented. Thank you for your comment. Lake capacity is addressed in Section 5.3.1.1 of the Official Plan which includes requiring a boating capacity study, where applicable and to certain satisfactory criteria.
Your endorsement is appreciated and your request will be considered. The Township is very interested in establishing a shoreline protection by-law. Appendix C will be reviewed and updated as appropriate.
Thank you for your comment. The Official Plan is supportive of development in settlement areas that are aligned with your comment.
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F. Edwards - Email Dated Oct 26th 2021
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received At an online open house in August, I asked that consideration be given to controlling/directing the growth of short-term rental properties in the township. I was told at the time that such action could only be taken in bylaw form. While there should be room for OCCASIONAL rentals by ordinary residents and cottage owners who simply want to rent out personal properties for a few days a year to help cover their maintenance and tax costs, the business of full-time, year-round rentals must be controlled — or even stopped. Either the township should create an STR zoning category or a system of STR variances that officially recognizes a change in use from residential housing to an unsupervised motel. There needs to be a framework for permitting or denying such use with input from neighbours. Right now a neighbour has input on many minor zoning issues but has no say about the establishment of an unsupervised rental unit that generates a range of disruption and problems. L. Struthers - Email Dated Aug 25th 2021 New development should be on minimum 2 acre lots except that which can be serviced by the Sydenham Water works. New development serviced by the Sydenham water works should be encouraged. Communal water works for new development outside of Sydenham is tricky. A large expense for the Municipality to operate them or have another licensed operator run them. Private wells on two acre lots preferable I suggest provided the hydrogeological reports can prove adequate water supply of acceptable quality can be provided with private wells. Should be an ongoing assessment of the larger commercial and school sewage systems in Sydenham and other urban areas to ensure they are not causing surface water contamination or resulting in sewage break outs. Problems found would not necessarily lead to a requirement for a Municipal communal sewage works in those urban areas. Instead possible upgrades of the existing systems would suffice. Important thing is not to turn a blind eye to any current inadequacies of operation. There should be a Freeze on all new residential and commercial development on inland lakes. More public access points to the lakes such as boat launches and swimming beaches should be encouraged. I know such plans always have to promote tourism but I think the tourist industry is quite good in South Frontenac already. Have to be careful of what you wish for. There are many examples of popular tourist spots being overrun due to over promotion of the location. This can lead to conflicts between local residents and tourists. Agriculture and residential development does not mix well so care should be taken to avoid conflicts there. Continued detailed ongoing assessment of existing solid waste disposal facilities should be maintained to ensure there will be adequate capacity at existing landfill sites to serve existing and future projected population growth within the timeframe of the Official Plan update. Who knows what will happen in the next few years on the green energy front but the plan should include an openness to assess and promote green energy opportunities. Green Energy Committee of Council would be a good idea, if there is not already one. E. Arnold – Email Dated May 24th 2023
Comment Response An Official Plan has no authority to regulate tenants or the length of tenancy. A specific short term accommodation bylaw would need to be implemented by council through a process which is outside the Official Plan Process.
Thank you for your comments. Section 7.3 of the Official Plan details water and sewage service policies.
The creation of a septic inspection program is not hampered in any way by the policies of this plan. Your concerns will be considered.
No Official Plan in Ontario can prohibit development in this way; the Township has no authority to incorporate policy such as this, or the means to enforce it. Your suggestion is noted and will be considered. Thank you for your comments. The Township includes use regulations for varying types of land uses, including natural open spaces and parks. The Township promotes responsible tourism and encourages the use of public land. The Official Plan contains policies to ensure minimal conflict between adjacent uses. We concur. The proposed Official Plan contains policies which promote green energy options. There is not currently a Green Energy Committee; thank you for the suggestion.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received I support the general direction of these development policies, but would like to emphasize the importance of ensuring that any proposed development should be carefully assessed so as to avoid “detrimental effect on the immediate area or neighbourhood,” and that they be regulated “appropriately.” In considering what is “appropriate” in areas served by private roads this should also include recognition that approvals should consider the impact of road usage, access, parking, noise, and potential strain on services such as garbage and recycling collection. This would be in addition to other considerations such as environmental impact, water quality, building regulations, bylaw enforcement and other similar considerations. Overall, greater regulation, including licensing requirements and enforcement may be required as the current, largely unregulated, situation may undermine the broader policy goals of the proposed Official Plan. In particular, I would like to highlight the importance of two subsections, 3a (i) and 3a (m), that address homebased businesses and short-term rentals. I do not believe that either of these commercial uses are generally appropriate in Limited Service Residential areas in the Official Plan, particularly for properties zoned Limited Service Residential - Waterfront Zone (RLSW) or Limited Service Residential - Island Zone (RLSI). Furthermore, in areas served by private roads the capacity and design of those roads should be considered. In areas that are environmentally sensitive, including At-Capacity Lake Trout Lakes, such developments should not be permitted. Should the Township choose to permit these commercial uses in any Limited Service Residential areas they must be strictly regulated in areas with private lanes and on At-Capacity Lake Trout Lakes, through zoning and licensing requirements. The proposed policies in Sections 3.2, 3.4 and 3.6 prohibiting Additional Dwelling Units (ADUs) and Garden Suites and carefully regulating Home Based Businesses and Live/Work Units in areas adjacent to At-Capacity Lake Trout Lakes are important and should be retained. I also support the specific sections under Section 3.6 relating to Bed and Breakfast operations that require such businesses to be clearly secondary to main residential use of the property, and that envision including appropriate standards and provisions for operating this sort of home based business in a zoning bylaw. I was pleased to see the addition of the phrase “and site alteration” to section 3.8.a Waterfront Development as part of the assessment of the cumulative impacts of new developments and redevelopment of existing sites. If substantial impacts are anticipated, clear guidelines for environmental remediation should be set out and enforced. This, and other sections of the proposed Official Plan, reinforce the priority that should be placed on the swift development of Section 9.23 Shoreline Protection Bylaw. I urge the Township to draft and adopt such a bylaw at the earliest possible time. M. Madgett The plan addresses the need to protect Sydenham Lake and other lakes and rivers in the township. I would appreciate it if the plan also included the need to protect the water supply for all residents of the township, whether from limited availability because of residential development or potential harm because of the establishment or growth of businesses. It may well be articulated in other documentation but seems a key aspect to include in a summary For any planning related to meeting the needs of those who are becoming older, I would encourage those involved in the planning to consider the words of Dr. Samir Sinha, Director of Geriatrics, Sinai Health System, who is strong advocate for older adults. He has often said, “If you meet one senior, you have met one senior.” A variety of options will need to be considered to support those who are aging. West Devil Lake Property Owners Group – Email Dated Mar. 29, 2024
Comment Response Thank you for your comment, it has been noted. Policies pertaining to private roads are detailed in Section 7.1.5 of the Official Plan.
Thank you for your comments. The Official Plan details general policies for Home Based Businesses (Section 3.9) and residential policies. The implementing zoning by-law provides additional regulations for specific uses. At-capacity lakes are addressed in Section 5.3.1 and 5.3.2 of the Official Plan.
Your comments are appreciated and noted.
Thank you for your comment, it has been noted and considered. Waterfront development policies are now included in Section 3.11 of the Official Plan. The Township is very interested in establishing a shoreline protection by-law.
Policies related to the protection of the water resources within the Township will be covered in their own section within the Official Plan.
We concur.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Response We concur, many of these policies exist throughout the plan.
An Official Plan has no authority to regulate tenants or the length of tenancy. A specific short term accommodation bylaw would need to be implemented by council through a process which is outside the Official Plan Process.
Your comments have been noted and will be considered.
Your comments have been noted and will be considered. The Township is very interested in establishing a shoreline protection by-law.
Acknowledged. Thank you.
We concur. Thank you.
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Comment Received Section 3: General Development Policies Our association supports the general direction of these development policies, but would like to emphasize the importance of ensuring that any proposed development should be carefully assessed so as to avoid “detrimental effect on the immediate area or neighbourhood,” and that they be regulated “appropriately.” In considering what is “appropriate” in areas served by private roads this should also include recognition that approvals should consider the impact of road usage, access, parking, noise, and potential strain on services such as garbage and recycling collection. This would be in addition to other considerations such as environmental impact, water quality, building regulations, bylaw enforcement and other similar considerations already envisioned in the proposed plan. In particular, our association would like to highlight the importance of two subsections – 3a (i) and 3a (m) that address home businesses and short-term rentals. Our association is not opposed to either home-based businesses of modest size or short-term rental properties, but in areas served by private roads the capacity and design of those roads should be considered. In areas that are environmentally sensitive (at-capacity lake trout lakes) such developments may also require additional study and consideration. Some system of regulation through zoning and licensing and a similar system of operational standards as is being proposed for Bed and Breakfast operations elsewhere in the Official Plan seems required. In our view, the current, largely unregulated, situation may undermine the broader policy goals of the proposed Official Plan The proposed policies prohibiting 3.2 Additional Dwelling Units (ADUs) and 3.4 Garden Suites and carefully regulating 3.6 Home Based Businesses and Live/Work Units in areas adjacent to At-Capacity Lake Trout Lakes are important and should be retained. We also support the specific sections under 3.6 relating to Bed and Breakfast operations that require such businesses to be clearly secondary to main residential use of the property, and that envision including in a zoning bylaw appropriate standards and provisions for operating this sort of home based business. Our association was pleased to see the addition of the phrase “and site alteration” to 3.8.a Waterfront Development as part of the assessment of the cumulative impacts of new developments and redevelopment of existing sites. If substantial impacts are anticipated, clear guidelines for environmental remediation should be set out and enforced. This and other sections of the proposed Official Plan reinforce the priority that should be placed on the swift development of section 9.23 Shoreline Protection Bylaw. Our association would support the drafting and adoption of such a bylaw at the earliest possible time. In similar fashion, our association would support the approach to 3.8.2 Waterfront Development Policies for NonComplying/Non-Conforming Properties. Our community includes a number of these properties which were developed 40 or more years ago. This section outlines a fair and balanced approach that allows limited redevelopment of such properties but with an emphasis on controlling or mitigating the impact of any redevelopment. The importance here of ensuring that the Township has an effective system of regulation, approval, inspection, and enforcement in place is obvious. Finally, our association would like to express our support for the proposed policies in Section 4 How we will use the land, and in particular subsections 4.2.4 Limited Service Residential Properties including waterfront, water access only and back lot development. In particular we would encourage the final Official Plan to recognize that the process of lot creation by severance of existing lots presents significant issues in these kinds of limited service areas. Such severances should be carefully regulated and only approved where there is sufficient shoreline and adequate road access and services to permit this kind of new lot creation. Similarly, the provisions for development of water access only properties are reasonable and balance environmental protection with allowing owners a clear set of regulations for development. However, South Frontenac needs to consider carefully how to enforce these regulations given the remote location and difficulty of access for many of these properties. Finally continuing restrictions on back lot development in areas such as those served by private road associations is sensible. Unknown
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Will South Frontenac purchase a few large tracts of land where such a village centre for future Inverary could be planned out? Your suggested plan of a mix of housing on smaller lots (shared septics & wells) such as affordable townhomes and an attractive 2 level apartment building mixed with single residences, hopefully built around a central park is great! The park should have mature trees for shady walking or resting on benches. These days no one wants a big sunny grass turf to sit on; it is far too hot. Critical: this new village centre should not be on Perth Road. We hope you will purchase and set aside land on a side road. For example, there is a large farm field beside small Division Road that leads up to Inverary United Church which is a nice location. Also, behind the baseball fields in Inverary is a very large lovely field with some scattered young trees that goes out to Round Lake Road. That area could also possibly be developed into a lovely neighbourhood with fine gravel trails for walking and biking. Simple fine gravel trails winding about through there would make a wonderful family biking place for Inverary! Also, could SF builds Electric Vehicle Charging Stations as a service to the folks in Inverary, and Sydenham and Verona? As a municipal service? It would be great, in this long-term planning, to investigate building another Seniors’ Apartment Building in a new central Inverary, 2 stories, like the one in Sydenham, possibly owned by SF to keep the rents affordable. We would love to see our seniors surrounded by children, families, with perhaps a daycare next door, and not to be isolated in a large institution far away from everyone. Then, as these seniors age in place, if that apartment building had an activity room with a kitchen, many health services and social activities could easily be brought to that building to serve a large group of rural seniors. This really should be built into the plan as a goal: a 2 storey Seniors’ Apartment Building in the new Inverary Village Centre. There are several mentions throughout the Official Plan of “Cash-in-lieu of parkland”. We think this practice should be rejected outright. Every neighbourhood needs a social centre to gather and meet neighbours. That is what a park is. It should not be a turf of non-indigenous grasses maintained at great expense, but a place with trees to gather and walk in their shade and a place for future community gardens and a small area—not a giant one—to toss a ball. All of us live in neighbourhoods or on roads with no park. It is very difficult to meet many neighbours. One says hello on a walk or at the mailboxes, but there is no central area where families with children can get to meet each other or where there could be a seasonal fun gathering. That sense of community is difficult to develop if there is no physical place to gather. Thus we ask—never allow cash in lieu of parkland again. Trails for biking and walking—in this future version of Inverary, could the township, perhaps with Frontenac County helping, plan and create a gravel trail for families to walk and bike together? In most of Inverary there are no sidewalks and families must push strollers on roads travelled by many vehicles. If you want to take the family cycling somewhere safely, you have to load everything up and drive to the K&P trail near Highway 38 or the Cataraqui Trail north of Perth Road Village. See (b).
Final Comment Response Currently South Frontenac has no plans or budget devoted to a largescale land development within Inverary. The Township looks forward to private developers engaging in subdivision development projects in the community to realize the vision of the Official Plan.
Municipal service programs like this would have to be initiated by Township Council, but there is no policy within the Official Plan which would prohibit them. Thank you for your comment, it has been noted and considered. Specific provisions relating to senior citizen dwellings/senior citizen housing are detailed in the implementing zoning by-law.
Cash-in-lieu of parkland is needed, and used by municipalities across Ontario, because it allows for flexibility in the case of very small-scale developments where parkland may be inappropriate or unduly costly for the municipality to maintain.
Thank you for your comment. The development of recreational facilities, including trails, is considered in Section 2.4 and 3.4.2 of the Official Plan.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Instead of the Official Plan stating that SF “encourages consideration for climate change impacts when planning developments” and “encourages development to be a minimum standards for sustainability” and “encourages all new parking lots and driveways to be built with a permeable surface for future extreme storms to prevent flooding & allow water to penetrate soil and refill the aquifers… and “encourages mature trees on a lot to be protected if possible..
Final Comment Response Thank you for your comment, it has been noted and considered. The Township is committed to addressing climate change and sustainable development. Section 2.6 of the Official Plan details policies to address climate change and encourage the application of energy conservation measures (Subsection viii).
Instead of that wording, we request that all of those sentences throughout the Official Plan be edited to say “South Frontenac requires consideration for climate change and requires a Tree Protection Plan to be submitted before clearcutting a site for development, & requires new driveways and parking lots to be permeable to allow rain to reach the aquifers and prevent floods, which is needed. Etc. Your ideas were excellent. Stand by them. Make them required. The Climate is changing, with more extreme storms, heat waves and even wildfires predicted for Ontario. We must require our builders to build to adapt to that future. Could you also require that new homes have heat pumps for heating/cooling instead of burning oil or propane? Please think of how hot it will be in even ten years. We must electrify our homes and transportation. All of us either have heat pumps, solar panels, hybrid or electric vehicles, or it is in our plans. My husband and I, for example, have a heat pump and solar panels on the roof. The panels bring in income from Ontario Power, and that pretty much covers the cost of electricity we use to heat and cool our home. Heat pumps really work do now in cold climates. They are amazing. Why do the figures for future neighbourhoods read : 90% single homes, 4%townhomes and 6 % apartments? Affordable housing is a crisis here. Some of us have adult children who can’t afford a home in SF. Why not have our new neighbourhoods aim to be: 70%single homes, 15% attractive townhomes with yards, and 15% attractive low-rise apartments?
Also, this Official Plan states that “affordable housing is sold at under the market price.” Considering that a bungalow in SF sells for 500,000 to $700,000, it is clear no matter what the province says this week, that $475,000 -$650,000 can hardly be considered “affordable” for families starting out or people without extremely high salaries. I think SF needs to re-evaluate what is “affordable.” Cataraqui Regional Conservation Authority - Emailed Review Dated: April 17th 2023
The Township supports opportunities for the development of housing that is affordable for low- and moderate-income households and is committed to the continued progress towards playing a role in the County’s overall target of 35% of all new housing units to be affordable to low and moderate income households. This is detailed Section 2.2.6 of the Official Plan. The breakdown for development projections comes from the Watson & Associates Growth Management Study, which considers demographics, growth projections, historic development trends, and vacant lands. The Township has supported affordable housing initiatives by supporting additional dwelling units, which can include an additional dwelling unit as part of the principal dwelling, or in a detached accessory structure. Thank you for your comment. We understand that prices have risen sharply in recent years. The Township has no mechanism to directly control the selling or rental prices for housing and can only encourage affordable housing.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received CRCA staff have completed a review of the second draft of the Township’s Official Plan. Thank you for incorporating many of CRCA’s previous suggestions. We have a few additional or remaining comments the Township may wish to consider and have included these as pdf comments in the attached documents.
Final Comment Response We thank CRCA for their numerous comments and questions relating to the 2nd draft of the township Official Plan, with special attention to various environmental protection policies and aspects of the mapping. All comments have been reviewed and taken into consideration.
Kingston, Frontenac, Lennox & Addington Public Health – Emailed Report Dated: April 19th 2023
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received The Township of South Frontenac recently released Official Plan (OP) Draft 2. Upon reviewing the newest draft, KFL&A Public Health (henceforth referred to as KFL&APH), would like to take the opportunity to engage in the consultation process as an advocate for community and environmental health.
Final Comment Response We thank KFL&APH for their extensive comments and suggestions. We have considered comments made in informing our decision-making process and specific policy suggestions will be incorporated into the new plan where appropriate.
To begin, KFL&APH both recognizes and appreciates that sustainability and climate change are included as guiding principles in the development of the Township’s OP. Climate change is the greatest global health threat of the 21st century (1), and the inclusion of it as a pillar within this OP is a critical step forward in recognizing and responding to the climate emergency. It is also clear that climate change resilience in planning and development has been included throughout the OP, as evident through reducing dependence on motor vehicles, investigating public transit options, and ensuring mixed-use developments. These planning decisions will not only assist in limiting greenhouse gas emissions by reducing motor vehicle travel needs and promoting modal shifts to sustainable transportation options, but also in improving overall population health throughout the Township. KFL&APH also applauds the attention South Frontenac has paid to parks, parkland, trails, other recreation opportunities, and points of interests that promote physical activity. Additionally, we commend the explicit link made between access to public open space and outdoor recreation, active transportation opportunities and the physical, social, and mental wellbeing of all residents and visitors. Other elements included in the OP, such as linkages between origins and destinations, well-maintained parks, parkland that is in satisfactory physical condition and accessible to residents of all ages and abilities, wayfinding, seating, and bicycle parking also facilitate physical activity, and therefore enhances physical and mental health while reducing the risk of chronic disease (2–8). Finally, KFL&APH commends the incorporation of compact, complete community design, with focus on cyclist and pedestrian-oriented development through active transportation networks within and between Settlement Areas. Focussing growth in Primary Settlement Areas, ensuring provision of community open space, and clustering transit- supportive uses such as businesses, health facilities, social services, and schools is an important aspect of planning for both environmental and population health. Additionally, the use of age-friendly planning (universal design features, accessibility, and walkable communities with community services, amenities, and green spaces) within the OP facilitates mobility, independence, and healthy, active aging for the residents of South Frontenac. KFL&APH would also like to take this opportunity to highlight recommendations to further strengthen the link between planning and development and population and environmental health throughout the OP. Suggestions include recommendations on climate change, active transportation, healthy eating, sun safety/UVR, and health equity. Dan F. – Written Comments Submitted In Person Information was very helpful. Please keep letting us in the community know about the plan so we can stay updated. Eric A. – Written Comment Submitted in Person Need to be able to sell a lot on land not suitable for farming.
Thank you for your input. The Township will always make its best effort to ensure the public is kept up to date on all steps of the Official Plan Process. Land consent policies are contained within the Official Plan and Zoning By-law and are informed by the Provincial Policy Statement as determined by the Province of Ontario.
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Shirley F. – Written Comment Submitted in Person
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
I’m from Cranberry Lake & Dog Lake area. My Main Concern: Before development approval – hydrogeologists need to be employed to get proper estimates of water levels now & during droughts. (for eg. 2016 & 2018 were low water level years & it affected water Quality). Quinte watershed came out with a report in ~2019 on this topic. I think it may be Haliburton Township that came up with an estimate of the # of buildings for a given surface area of water ~ 1 unit / 1.6 ha. Out watershed(‘s) need to be assessed for own situation. A start would be reference wells to collect appropriate data & a hydrogeologist to conduct the research appropriately. The developers can have an answer as to the # of dwellings possible in a given situation. William B. – Written Comment Submitted in Person: May 3rd 2023 4518 Holleford Road – Lot 4 Concession 7 should be classed as agricultural. Maps are misleading when viewers don’t see how the land is currently classified, to what is being proposed. Provincial and Municipal Governments think more about developing agricultural land than preserving it and an important way of life (food sources). Developing land that should be classed as agricultural (properties that are currently farmed) will generate more ongoing demands on township resources, such as increased road maintenance, waste in our dumps, more large trucks hauling gravel, cement, building supplies, etc. on our secondary roads. Too many residential lots around agricultural land increase the risk of contamination to farm land, i.e., oils, sewage, garbage run off damage crops and/or harm livestock. Residential property owners should be made aware of pre-existing agricultural noises & odours, etc. before they purchase the land/home. Pierre d. P - Written Comment Submitted in Person: June 13th 2023 Pleased to be put into the bigger picture as long time cottager we as a family feel that concerns over the ecology of the many, many lakes in South Frontenac is being placed very much on the “back burner” behind issues of land use. In the end, increased population/ denser land use will inevitably have an effect on our lakes and waterfront properties. Thus: more erosion of shoreline from greater number / spread of motorboats, increase of algae bloom and increased water waste as a result of more septic systems, fertilized lawns etc. Our lakes are our greatest asset Don’t neglect them, please. Janet B. - Written Comment Submitted in Person: June 1st 2023 I think that if water quality is important then we have to start looking at septic inspections that are mandatory especially around the lakes. Preserving farmland is important. Limiting development to specific areas is important. Creating natural shorelines & buffer zones is important. Overall I think the plan is a good one. Various Comments From Q&A at May 23rd, 2023 Open House How do the changes in Bill 23 effect Conservation Authorities? What do Municipalities have to do about climate change?
Final Comment Response Thank you for your comment, it has been noted and considered. The Township will continue to require all new developments to demonstrate consideration for adequate hydrological/hydrogeological conditions through the requirement of technical assessments. This is stated throughout the document and detailed in Section 11.19, Complete Application Requirements.
Agricultural Lands were determined using the criteria established by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). Any property which is not listed as such did not meet the necessary criteria. The new Official Plan will show planned land uses. Please contact Township staff to discuss any further inquiries on existing land uses. Municipal Policy direction on Agricultural land use has to be consistent with the Provincial Planning Statement (Section 4.3.1), and the Official Plan is aligned to the Province’s direction. Thank you for your comment, it has been noted. Agricultural policies in the Official Plan include considerations to restrict development in Prime Agricultural land. Agricultural Lands were determined using the criteria established by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). Any property which is not listed as such did not meet the necessary criteria. We concur. Thank you. We concur; however, the Township has no way to inform prospective purchasers about pre-existing agricultural impacts unless those purchasers inquire with the Township. The draft Official Plan contains policies intended to protect the many lakes within the Township from unsustainable growth and degradation.
The creation of a septic inspection program is not hampered in any way by the policies of this plan. The implementation of such a program is under the authority of Council. We concur. We concur. We concur. Thank you for your input.
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Conservation authorities will no longer be able to review applications regarding natural heritage and water resource impacts. This reduces the scope of what conservation authorities can comment on – limited to natural hazards (e.g. flooding and erosion), and source water protection. The Township recognizes the significance and impacts of climate change as well as the requirement to respond to climate change. Policies around climate change are included in Section 2.6 of the Official Plan.
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received The new Official Plan claims there will be 5500 new residents, this seems low.
What will township do to things to increase these numbers?
How does the growth differ from that forecasted for last Official Plan? How many severances will be allowed?
Will the clock be reset on severances? Are there any plans for building tiny home communities?
Is there consideration for the impact of shared wells on neighboring wells? Are their any policies for the conversion of campgrounds from a seasonal business to a year-round business? What about doctors and nurses? Who is going to provide medical services with all this growth? How will employment lands work when businesses are closing?
What is the impact of employment lands on neighboring property owners?
Comment Response Growth projections are based on a number of studies conducted for both the Township and Frontenac County by Watson & Associates Economists Ltd. These projections provide guidance towards growth goals rather than to represent strict quotas. Through the Official Plan, the Township will provide flexibility for development in the areas it most desires development to occur. The Plan will also provide the possibility of numerous programs including Community Improvement Plans and Secondary Plans which are both tools a municipality can use to encourage and direct growth into certain areas. Ultimately the implementation of these and any other additional programs is at the discretion of Council. Thank you for your comment. The overall vision of growth is a Township in transition over the planning horizon, with continued rural and cottage development, alongside some new development in the hamlets. Section 2.1 of the Official Plan details growth projections based on a number of studies conducted for both the Township and Frontenac County by Watson & Associates Economists Ltd. A maximum of three (3) severances may be permitted from a lot of record existing on the day of approval of the previous Official Plan (November 25, 2003) where it is demonstrated that a plan of subdivision is not necessary for the orderly development of the land and will not limit such development by plan of subdivision. Subject to stipulations and conditions, including but not limited to, that the new lots comply with all zoning policies, servicing requirements, access requirements, and any other applicable Township policies. The clock will not reset on severances. Consideration for whether a lot has surpassed its allowable number of severances will be based on the number of severances conducted since November 25th 2003, the date of final county approval and adoption of the current South Frontenac Official Plan. The design and size of buildings is generally left up to the prospective builders. The Township hopes to encourage more affordable housing in many different forms. This would include buildings with reduced footprints. There will be no policies within the Official Plan which would disallow any building based on being too small from being erected and lived in as long as it conformed to all other Zoning and Official Plan policies, as well as the Ontario Building Code. Yes, there are policies within the new Official Plan which require detailed studies considering potential impact of certain developments on neighbouring wells. Thank you for your comments, they have been noted and will be considered. Campgrounds are recognized as a permitted use in the Tourist Commercial designation, as indicated in Section 4.2.4.1. Programs for attracting medical professionals to the Township are being undertaken and are generally outside of the Official Plan process. Employment lands are intended to be hubs for commercial and industrial development. They are designated to make it easier to cluster these kind of uses to provide better returns for any investments to improve access to transportation and servicing. This is intended to bring in new businesses not to remove current ones. The presence of employment lands will not preclude businesses from existing elsewhere in the Township. The Official Plan will contain Land Use Compatibility policies which contain provisions which must be followed to ensure a business or any other land uses will not have an undue adverse effect on neighboring uses. The Township does not administrate any lands outside of its jurisdiction.
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Do agricultural lands cross municipal boundaries?
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Agricultural lands should be much larger, and they should not be able to be severed. Why isn’t more land east of highway 38 / Hardington included in the agricultural area?
Comment Response Agricultural Lands were determined using the criteria established by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). Policies related to severing of these lands are required to comply with provincial direction. The lands which were included in the agricultural area were done so using criteria established by the Ontario Ministry of Agriculture, Food, and Rural Affairs. Response to CRCA By Township of South Frontenac – Christine Woods – Email Dated Sept. 16, 2024: “I have made proposed revisions based on most of the comments. I would be happy to go over them with you to make sure that your intent was covered. Regarding the last comment, we went with text-based policies rather than a designation for a few reasons. First, the rules are different depending on whether we are dealing with new development or redevelopment. Second, it is difficult to practically apply a designation to something that is not or cannot be mapped. I would like to use an overlay for at least floodplain mapping. However, mapping is not available for the entire Township, and where there is mapping, it is only in hard copy and/or it is outdated. We don’t want a situation like we have now where there are no wetlands shown in Storrington but we all know there are wetlands there.”
Thank you for your comment. The Environmental Protection land use designation captures Plan’s intent to recognize the importance of natural features. Ontario Parks will be notified of all relevant development applications and consideration for the Provincial Parks and Conservation Reserves Act, as referenced in Section 11.10.d of the Official Plan. Thank you for your comment. The Environmental Protection land use designation captures Plan’s intent to recognize the importance of natural features. Ontario Parks will be notified of all relevant development applications and consideration for the Provincial Parks and Conservation Reserves Act, as referenced in Section 11.10.d of the Official Plan. Thank you for your comment. At-capacity trout lakes identified in Section 5.3.2 of the Official Plan are based on classification criteria determined by the Province of Ontario.
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CRCA – Janelle Treash – Email Comment Dated Sept. 3, 2024 Draft 2 had referenced the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Services Ltd., 2014) in section 3.8.a)d) on waterfront development. That report isn’t referenced in the third draft, and we note that the assessment provides a valuable and effective framework for assessing lot creation along sensitive waterfronts (i.e. lands having steep slopes, minimal woody vegetation cover, thin soils and soils with poor phosphorus retention capability). We recommend referencing the report in section 3.12.e) and 9.1. “Map A” (which is assumed to be the overarching land use plan) doesn’t appear to be included in the draft. Appendix A (the watershed boundary map) is included, but it doesn’t include all the appropriate land use designations. “Map C” is also not included. The official plan doesn’t clearly communicate which natural features are included in the Environmental Protection designation. Is it all wetlands, watercourses, and lakes, or just the ones shown on Map A? We note that not all watercourses and wetlands in the Township have been mapped, or accurately mapped, so the text in the OP should clarify the scope and application of the EP designation. We recommend that the EP designation should apply to all wetlands, watercourses, and waterbodies in the Township, including the ones that have not been mapped yet. What is the designation for natural heritage features not included in the EP designation, such as significant wildlife habitat, ANSIs, significant woodlands, significant valleylands, etc.? Will they be protected via the environmentally sensitive overlay, or a different designation? We recommend clarification on this matter. Similar to significant woodlands, significant valleylands are identified in accordance with the Natural Heritage Reference Manual, in addition to EIAs. We recommend revising Section 5.1.7.a) accordingly. It’s unclear what designation is applied to natural hazards. It is Cataraqui Conservation’s recommendation that hazardous lands are designated EP since they are unsuitable for development and generally overlap with other EP features (i.e. waterbodies, lakes, wetlands, etc.). Ontario Parks – Frontenac Provincial Park – Ben Chabot – Written Comments Dated Mar. 21, 2024 Reviewing the draft Map A, Land Use Plan, I recommend that the municipality ensure that their Official Plan appropriately identifies the park’s lands, waters, and significant values by expanding the ‘Environmental Protection’ classification to include the whole park. This will allow new development or site alteration adjacent to the park to be assessed with regard to any potential impacts on the park’s natural heritage features and areas in accordance with the Provincial Policy Statement under the Planning Act. Further, on Page 111 of the draft plan, the following is listed: “The implementing Zoning By-law will establish zoning that permits a range of appropriate uses within the Park”. We are happy that the Township zoning is complimentary to the zoning in our Park Management Plan. Please remember that any zoning assigned by the Township will not apply within the boundaries of Frontenac Provincial Park. It will be important to highlight that although the park is a key area within the Township, it is governed by the Provincial Parks and Conservation Reserves Act, 2006 and its regulations. Big Clear Lake is perhaps one of the most natural lake trout lakes in the area. It is currently under pressure from development, and it would be very beneficial to the local natural environment and to Frontenac Provincial Park to have Big Clear Lake added to the at capacity lake trout lakes within the Township so that future development on that lake is restricted.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received The Frontenac Provincial Park Management Plan (2016) lists over 800 species in the park, please update the species number in paragraph one on page 111 in the draft plan describing the park from 700 to ‘over 800’. I have included below the description of Frontenac Provincial Park from Section 1 (Introduction) from our Park Management Plan. You are welcome to use it to update Section 5.1.2 (page 111) in your draft plan if you wish. “The park is within Ecodistrict 6E-10, which encompasses a narrow extension of the Precambrian Shield known as the Frontenac Arch. Typical of the ecodistrict, the park’s landscape is characterized by mixed and deciduous forest on shallow soil interspersed with frequent rock barrens and waterbodies. The habitat and species diversity of Frontenac Provincial Park is considered exceptional within the ecodistrict. The park includes some 789 plant species and some 331 fish, wildlife, birds, reptiles and butterfly species, many of which are uncommon in this part of Ontario. Frontenac Provincial Park is also culturally rich. There is potential for pre-contact and historic Indigenous archaeological resources within the park. Influences on the landscape from European settlement date back over 150 years, and remnants of homesteads, barns, roads, mines, and logging activities are scattered throughout the park”. As in the past, we would like to continue to be notified of any potential development within the Township that may impact the park or the values that it protects as well as any proposed developed directly adjacent to Frontenac Provincial Park. West Devil Lake Property Owners’ Group – Michael Payne – Email Comments Dated May 24, 2023 Lake Ecosystems We support the document’s assessment of limitations of existing policies and the need to introduce more effective and enforceable policies and planning regulations. In general, we support more aggressive policies, however these must also be enforceable and acknowledge existing building property grandfather rights unless the environmental impact requires mitigation Impact of Development on Waterfront A combination of options B, C & D would be supported by WDLPOG, with the caveat that application of Policy B be carefully considered, to ensure that redevelopment rights of existing lots that do not meet new setback, lot size, and frontage regulations, will be permitted where environmental standards can be achieved through mitigation measures .While many lots in the WDLPOG area meet or exceed these guidelines, some do not. This is especially true for some of the earliest cottage lots which were surveyed at a time where issues of setbacks, shoreline integrity etc. were less considered. Source Water Protection Although these policies largely relate to Sydenham Lake, option B, which restricts development in vulnerable areas, is a good planning principle. Natural Heritage and Natural Hazard Areas WDLPOG would strongly support option A, as peer review of all reports submitted and development recommendations made as part of the Environmental Impact Assessment process are vital. Any costs associated with this peer-review should be borne by the proponents. Policies B and C are also excellent new initiatives and should be included in the development review process. Shoreline Health Policies A, B & C are all excellent matters to be evaluated as part of the development review process. Lake Water Quality As above, Policies A, B & C are all good ideas and WDLPOG would support them all.
Comment Response Thank you for your comment, it has been noted. The Official Plan is intended to guide development and conservation throughout the Township. Ontario Parks will be notified of all relevant development applications and consideration for the Provincial Parks and Conservation Reserves Act, as referenced in Section 11.10.d of the Official Plan.
Ontario Parks will be notified of all relevant development applications and consideration for the Provincial Parks and Conservation Reserves Act, as referenced in Section 11.10.d of the Official Plan. Thank you for your comments, they have been noted and will be considered.
Thank you for your comments, they have been noted and will be considered.
Thank you for your comments, they have been noted and will be considered. Thank you for your comments, they have been noted and will be considered.
Thank you for your comment. Thank you for your comment.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
Housing WDLPOG strongly supports several of the goals outlined in Housing Brochure #1 particularly as these relate to managing future growth. We agree that residential development must only be permitted with adequate protection of environmental areas, including lakefronts. Particular areas of interest are: Rural Development, Housing Variety and Intensification, and Short-Term Rentals. Rural Development In particular, we would support Policy Option A that seeks to focus new population and housing growth in settlement areas and limit—though not eliminate—new housing in rural areas. In addition, Policies C and E, which encourage whenever possible new development being undertaken under the subdivision planning process and limiting the number of new lots created in rural areas through the severance/consent processes, seem wise. Policy F which would ensure secondary residential units are limited to areas where lot sizes and municipal services are adequate and sustainable follows logically from the broader goals above. WDLPOG is particularly concerned that attention be paid to the impact of housing intensification policies in areas served by private roads. WDLPOG maintains a system of private roads for our membership and has already noticed that increased use of these roads due to more permanent residents, increased numbers of visitors due to short-term rentals, and other issues can present a challenge to road maintenance, especially the requirement that roads be kept accessible for emergency and other public services. For these reasons, we also believe that Policy G, which would consider the costs of supplying municipal services as part of the approval process for subdivision plans and lot severances is wise – particularly in areas served by private road systems. For example, WDLPOG’S current Solid Waste and Recycling Site is already at (and often exceeding) its capacity to service the present community population, and any increases would necessitate augmented services. Housing Variety and Intensification In general, on those planning issues that fall under the intensification section, WDLPOG would agree that Policy A, which would encourage housing variety primarily in settlement areas where servicing already exists, and Policy B, which would expand municipal services in areas where growth is both expected and desired, make sense. WDLPOG would also support Policy C, which would permit secondary residences where such residences could be shown to improve efficiency of servicing. What is less clear is whether or not secondary residences on waterfront lots zoned RLSW and RLSI, especially in ecologically sensitive areas, or where existing lots do not meet required setbacks, size or frontage requirements, is good planning policy. Moreover, in some circumstances development of back lots zoned RLS or RU may be desirable, but in general this sort of development potential in areas such as the West Devil Lake community would not support the guiding principles outlined in the Official Plan policy documents. Short-Term Rentals With regard to short term rentals, WDLPOG would support the idea of requiring that properties being rented on that basis be registered with the Township as suggested in Policy B, with the intention that this may enhance the Township’s ability to enforce bylaws and other regulations. We would further support that Policy C or D be adopted for new rental properties, allowing them only in designated areas that are not in environmentally sensitive areas and do have sufficient servicing capacity to support them. Registration of these properties would also add fairness and transparency to the property tax assessments, as a rental property that is being used to generate income ought to be valued more highly than a property only used privately on a seasonal basis. This consideration might also apply to home-based businesses.
Comment Response Thank you for your comments, they have been noted and will be considered.
Thank you for your comments, they have been noted and will be considered. Section 4.2.3.2 of the Official Plan details the overall intent to regulate rural residential land uses and the implementing zoning by-law will continue to regulate specific development policies.
Thank you for your comments, they have been noted and will be considered. The Additional Dwelling Unit policies of Section 3.2 and Garden Suite policies of Section 3.7 are considerate of larger scale initiatives to regulate such matters. The implementing zoning by-law regulates individual zoning provisions, including provisions for land uses that are legally non-confirming to the Official Plan due to having legally existed at the date of approval for the implementing zoning (Section 11.5 of the Official Plan).
Thank you for your comments, they have been noted and will be considered. The Additional Dwelling Unit policies of Section 3.2 and Garden Suite policies of Section 3.7 are considerate of larger scale initiatives to regulate such matters. Any new property development will be consistent with the intent of the Official Plan, implementing Zoning By-law, and any other applicable by-laws. Policies pertaining to home-based businesses are captured within Section 3.9 of the Official Plan.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
Comment Response Thank you for your comments, they have been noted and will be considered.
Economic Development WDLPOG supports the goal to protect the Township’s rural character by focussing commercial and business activities in appropriate locations with enforceable limits on uses. Rural Lakefront areas, particularly those serviced by private lanes and septic systems, should have stronger limits on home-based businesses that reflect the limited capacity of these areas to absorb the impacts of commercial activities. We believe that allowing these kinds of land uses in the Township as an “as right” consideration everywhere in the Township may well undermine other policy considerations, especially those grouped under Lake Ecosystems. Economic Diversification Thank you for your comments, they have been noted and will be considered. The economic diversification WDLPOG supports the goal to provide opportunities for economic diversification for farms and other traditional policies of the Official Plan are intended to support the guiding principles for the Plan. activities; however, this goal may not be appropriate for many lakefront communities. It is suggested that the Township consider carefully where these uses may be appropriate using a “sustainability lens”. Greater Bobs & Crow Lakes Association – Lynn Watson on Behalf of the board of Directors – Written Comments N.D. Setback requirements for commercial properties on waterfront. The current Official Plan requires a 50 m setback Thank you for your comments, they have been noted and will be considered. Section 3.11 of Official Plan from the high-water mark for commercial structures. While we recognize that the zoning for the property at 162 contains revised policies surrounding Waterfront Development, including details regarding required building Campground Lane (RRC-25) does allow for a 30 m set back for trailers and campsites on that property, we feel setbacks. that the 50 m setback as in the 2013 OP for Motels, Hotels and Rental Cabins is more suitable and should be upheld. Given that a commercial venture will involve larger structures, and a high density of human activities, it does not make sense that the DOP recommends a lesser setback of 30 metres. OP, 2013 Sec. 5.1.5 (4). Addendum Note Official Plan, rev. 2013, Section 5.1.5, Rural Commercial Properties, iii, Additional Development Policies for Recreational and Resort Commercial (RRC) (B), Motels, Hotels, Rental Cabins 4. No building, structure, septic tank, or tile field, except a marine facility for the launching and/or servicing of boats shall be located closer than 50 metres (164 feet) to the high-water mark of any water body. On steep terrain with thin soils, discontinuous soils or sparse vegetation, larger setbacks may be required. Commercial use of water access properties. We do not believe that commercial development has any place on island properties. In particular, water access only properties provide a challenge to service in case of emergency. As well, in some cases, the extra launching facilities and access requirements may adversely affect the water quality and the wildlife that abounds in Bobs and Crow Lakes and many other lakes in South Frontenac. DOP Sec. 3.8 (e).
Thank you for your comments, they have been noted and will be considered. The Official Plan details information for commercial land uses, including tourist commercial uses in Section 4.2.4.3.
Addendum Note Draft Official Plan, 2023, Section 3.8, Waterfront Development a) Waterfront areas will be protected and enhanced to increase waterbody and watercourse resilience in the face of climate change and to account for cumulative impacts. Development and site alteration shall be regulated to put protections in place to limit or reverse the removal of natural vegetation, minimize, or restore site alteration and avoid impairment of water quality in the adjacent waterbody through a net environmental gains approach.
The Official Plan identifies land division policies in Section 9.1, which includes reference to the Frontenac County Official Plan, details on minimum lot sizes, and details regarding waterfront properties.
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e) Where a greater setback is not required by (d), new development, including new sewage systems, shall be setback a minimum of 30 metres from the highwater mark of a waterbody or watercourse. Back Lot Development. We acknowledge that there is some confusion in the DOP about the possibility of the development of back lots on Tourist Commercial property which might allow commercial developers to create lots on their property which would have the effect of being a subdivision. We believe that this should be clarified. We support Section 4.2.1, (h) which states that, “New back lot development will not be supported.”
Township of South Frontenac – Official Plan Comments – March 2025
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Comment Received Comment Response Septic tank inspection. We strongly support the recent letter (attached) send by Professors Laird and Cummings The Official Plan creates guiding policies for the Township. The implementing zoning by-law addresses to the South Frontenac Lake Association which implores the Township to implement a new policy to ensure that policies pertaining to septic system location. all out of date (old) septic systems are upgraded to current standards with the selling of any property. It is well known that many cottages on lakes built since the 1950s (and earlier) have never upgraded their septic systems. The township must ensure septic systems are working up to the current standards, and thus not serve as a source of nutrients into our lakes, rivers, and wetlands. Ideally all septic systems should be inspected on a decadal time frame. Short term cottage rental. As the lakes of South Frontenac become more attractive, there has been a significant Thank you for your comments, they have been noted and will be considered. The Additional Dwelling Unit increase in short term rentals of cottage property. The Township of Georgian Bay has prepared a by law to policies of Section 3.2 and Garden Suite policies of Section 3.7 are considerate of larger scale initiatives to “register, regulate, and govern short term rentals in their township. We strongly encourage South Frontenac to regulate such matters. Any new property development will be consistent with the intent of the Official Plan, consider a similar action. implementing Zoning By-law, and any other applicable by-laws. Desert Lake Aquatic Scientists and Property Owners – Written Comments Dated Mar. 18, 2024 – Included in the Above-Noted Correspondence The total capacity of dwellings on non-conforming sites on lakes and rivers needs to be limited so that the Thank you for your comment. The implementing zoning by-law regulates individual zoning provisions, cumulative loading of nutrients does not increase. If exemptions continue to be granted, adverse impacts on including provisions for land uses that are legally non-confirming to the Official Plan due to having legally water quality and deep-water oxygen for cold-water fish will likely occur. Redevelopment of non-conforming existed at the date of approval for the implementing zoning (Section 11.5 of the Official Plan). Appropriate sites needs to consider the size of both proposed and built dwellings and how this impacts the capacity and setbacks to major environmental features are detailed throughout the Official Plan, with more detailed location of the septic system. The larger the flow to a septic system, the larger the nutrient load and the more setback requirements are located within the implementing zoning by-law. likely nutrients to the lake will increase. If capacity increases (square footage and particularly the total number of bedrooms and baths), the probability of nutrients leaching to the lake via the septic system will increase, especially when the minimum 30-m setbacks are not enforced. The main guideline that South Frontenac appears to be using is that the footprint of redevelopment is <5% of the property size, while largely disregarding the 30-m setback. While this guideline helps to ensure less erosion, it makes little ecological sense in terms of long-term water quality. We are particularly concerned about trout lakes being built to ‘at capacity’ - Once lakes have reached a state of Thank you for your comment. At-capacity trout lakes identified in Section 5.3.2 of the Official Plan are based ‘at capacity’ there is no turning back and such lakes will eventually run into long-term problems with poor water on classification criteria determined by the Province of Ontario. We have consulted with staff at MECP (with quality. Detrimental impacts on lakes are cumulative. Policies should be applied which minimize these cumulative expertise in limnology and aquatic sciences) to ensure that at capacity lake trout lake policies are protecting impacts to all development on lakes, rivers, and wetlands, and especially the few lakes that have naturally this natural resource for the long term. reproducing trout, such as Desert Lake. This is part of the Official Plan of South Frontenac and is not being followed. The 30-m ‘ribbon of life’ set back was implemented in the early 1990s. We naively assumed this minimum Thank you for your comment. The implementing zoning by-law regulates individual zoning provisions, setback was being adhered to in South Frontenac. The recent trend on Desert Lake of huge expansions of including provisions for land uses that are legally non-confirming to the Official Plan due to having legally dwellings on non-conforming sites is a testament that these minimums are not being used. The recent trend and existed at the date of approval for the implementing zoning (Section 11.5 of the Official Plan). Appropriate precedent of allowing expansion on these non-conforming properties puts lakes at risk for declining water quality setbacks to major environmental features are detailed throughout the Official Plan, with more detailed and the resultant degradation of lake ecosystems. setback requirements are located within the implementing zoning by-law. The cumulative impact of redevelopments could result in significant changes to water quality - While no single Thank you for your comment. Lake capacity is addressed in Section 5.3.1.1 of the Official Plan which includes redevelopment would likely result in large impacts to the lake environment, if this is done me and me again, requiring a boating capacity study, where applicable and to certain satisfactory criteria. Desert Lake will ultimately become an ‘At capacity’ lake. It is only a mater of me. Continually allowing for increased nutrient loads on sites less than 30 m from the highwater mark sets a dangerous precedent for the longer-term water-quality of lakes, particularly for the few trout lakes in South Frontenac. The current developments on Desert Lake speak to the need for the Council to develop consistent practices based on good science and planning. Lakes are a common space for everyone, and it seems prudent that notification of variance requests should be sent to all property owners on a lake. This surely could limit the ‘tragedy of the commons’ when algal blooms become more common, production increases and fish habitat is degraded. Dog & Cranberry Lake Association – Manuel Stevens – Written Comments – N.D.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Adoption of a septic system re-inspection program. The feasibility of a septic system program has been discussed in several township forums, but it is currently concluded that significant barriers prevent possible adoption at this time. Several neighbouring townships have implemented such programs so it is known that a program is achievable. We believe that as a priority issue, and early after the adoption of the plan, attention must be given to how an effective septic system re-inspection can be achieved. Develop and implement a fact-based system for determining and enforcing a development maximum buildout of each of the lakes in South Frontenac.
Final Comment Response Thank you for your comment. As septic system re-inspections are under the jurisdiction of the Ontario Building Code, they do not need to be mentioned within the Official Plan in order to be implemented.
Thank you for your comment. At-capacity trout lakes identified in Section 5.3.2 of the Official Plan are based on classification criteria determined by the Province of Ontario.
Determining and enforcing the maximum capacity of a lake has precedent in Ontario for ”Lake Trout Lakes” where the protection of this specific species of fish are protected over that of the continuation of waterfront development. Waterfront development cannot however, continue and take priority forever. Despite measures to mitigate impacts and strive for net environmental gain, at some point the capacity of lakes to accommodate additional development will have been reached. While this is a difficult matter with no clear answer, an acknowledgement by the Township that this needs to addressed, will at least provide an opening for further study of the issue. Section 3.0 m)- A new by-law for Short Term Accommodation is proposed and commended. In townships such as South Frontenac, short term rentals are largely on lakes, where potential impacts are more pronounced. This section could be strengthened by adding to the end of the clause : “while protecting the environment and reducing impacts on adjacent properties and waterbodies.” Section 3.8 Waterfront: There should be a policy requiring large buildings to be set back beyond 30 metres to mitigate the visual impact of large buildings on the landscape. This is especially warranted on our lakes as they are part of the Rideau Canal World Heritage Site. Section 3.8 a) We support development policies that require a net environmental gain approach. A definition of net environmental gain would be useful. The policy requires that development shall be compatible with existing surroundings and shall mitigate any negative impacts of the development. Negative impacts only refer to those on the natural environment and do not address height, massing, scale-built form etc. Does the section on site plan control 9.16.2, adequately deal with these matters? Section 3.8 c) In this section and throughout the plan, the word shoreline is used. Perhaps the word “shoreland” may be more appropriate. Section 3.8 h) Development within 30 metres of the high-water mark “may require an Environmental Impact Assessment…” This should be changed to “shall require”. This is an important setback area and development is the exception, so further justification and impact should be required. Section 3.8 l) We concur with your policy to ban floating accommodation. Section 3.8 q) This should be changed to “Township shall prepare and adopt a shoreline protection by-law….”
Thank you for your comments, they have been noted and will be considered. The Additional Dwelling Unit policies of Section 3.2 and Garden Suite policies of Section 3.7 are considerate of larger scale initiatives to regulate such matters. Any new property development will be consistent with the intent of the Official Plan, implementing Zoning By-law, and any other applicable by-laws. Thank you for your comments, they have been noted and will be considered. Section 3.11 of Official Plan contains revised policies surrounding Waterfront Development, including details regarding required building setbacks. All additional setback requirements are included within the implementing zoning by-law. Thank you for your comments, they have been noted and will be considered. The Official Plan includes a variety of policies pertaining to environmental conservation, including reference to environmental net gains and/or improvements of ecosystems in Sections 5.3.1.2 & 5.3.2. The environmental policies included through the Official Plan are consistent with the plan’s objectives.
Thank you for your comment. The language of the policies within the waterfront development framework in Section 3.11 is intended to be consistent with others throughout the entire Plan. Thank you for your comments, they have been noted and will be considered. Section 3.11 of Official Plan contains revised policies surrounding Waterfront Development, including details regarding required building setbacks. All additional setback requirements are included within the implementing zoning by-law.
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Thank you for your comment. Thank you for your comment. The language of the policies within the waterfront development framework in Section 3.11 is intended to be consistent with others throughout the entire Plan. The Township is very interested in establishing a shoreline protection by-law.
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Section 3.8.2 c) The policy mentions adverse visual impact as a criteria for assessing a redevelopment proposal. While the DCLA supports this policy, there is no mention in the definitions of “adverse visual impact”. There needs to be such a definition to back up this policy. It would be helpful if the Appendix could include design guidelines for waterfront development even though there is no enforcement mechanism. Parks Canada produced guidelines some time ago for new development along the Rideau Canal. Your consultant may wish to review these. It is suggested that in reviewing the applications for changes to non-complying/non-conforming development, Council shall require an Environmental Impact Assessment where development is within 30 metres of the shoreline (h) and require proof that the existing septic system is functioning properly (j). Section 3.10.1 d) The DCLA supports this policy. Section 4.1 f) The agricultural community shall be required to provide a buffer of 30 metres abutting a waterbody. No doubt this would be a contentious policy but since the Township is requiring setbacks and vegetation buffers for residential development, the same should apply to agricultural activities. Section 4.2 Rural Areas are forecast to accommodate 46% of the Township’s population growth. This includes seasonal residential and recreational, and tourism uses. This is a high percentage of residential uses when there is emphasis in the plan in encouraging development in settlement areas. Suggest that more development be allocated to the Settlement Areas. Section 4.2.2 b) Lot creation will generally occur by plan of subdivision however a maximum of 3 lots by severance will be permitted from a lot of record (2000). This should be the exception, but this section gives a number of discretionary decisions to the Township. The section should be more prescriptive when proposed lots front on a waterbody. Section 4.2.3 Mobile Home Parks are permitted in the Rural Area. Policies regarding setbacks , vegetation strips should be included where such a use is proposed next to a waterbody. Section 4.2.5.3.1 New tourist commercial uses - This section should be reviewed and compared to best practices in other OPs. Pressure for new and expanding Tourist Campgrounds is seen as one of the more challenging developments in the Township. Not all the controls should be left to the Zoning By-Law. Section 4.2.5.3 f) It is suggested that Tourist Commercial uses located within 90 metres of a waterbody shall be subject to site plan control. Section 5.1.1. Frontenac Arch Biosphere Reserve: These are very supportive policies but require a commitment to undertake a project with the FABR and others to provide details on how the municipality can support the goals of the FABR Section 5.1.3.10 Stewardship Activities We specifically endorse this policy as it recognizes the contribution made by organizations like lake associations. Section 6.1.2 Rideau Canal World Heritage Site These are very significant policies from our perspective. We endorse these policies as they support our mission and vision for our lakes. As well we should be specifically identified in subsection a) as a partner working with the Township and Canada to produce a lake plan that will support the actions in subsection a)
Comment Response Thank you for your comments, they have been noted and will be considered. The Official Plan addresses visual impacts for new developments and the implementing zoning by-law provides regulations for building setback, height, design, and more. Thank you for your comment. The language of the Official Plan supports the requirement for and Environmental Impact Assessment and other technical studies when deemed appropriate by the Township for new development application. This is stated throughout the document and detailed in Section 11.19, Complete Application Requirements. Thank you for your comment. Thank you for your comments, they have been noted and will be considered. Section 3.11 of Official Plan contains revised policies surrounding Waterfront Development, including details regarding required building setbacks. All additional setback requirements are included within the implementing zoning by-law. Thank you for your comment. Section 4.3 of the Official Plan confirms that settlement areas will be the focus of a significant portion of new residential and non-residential development. Section 4.2.3 specifically states that the Plan’s intent is to permit limited low density residential development that respects the rural character and natural resources of rural lands. Thank you for your comments. Sections 9.1.j and 9.3.d of the Official Plan speak to lot creation on lands that contain or abut a watercourse. All additional setback requirements are included within the implementing zoning by-law. Thank you for your comment. The implementing zoning by-law includes such performance standards for buildings and structures. Thank you for your comments, they have been noted and will be considered. The Official Plan supports tourist commercial uses in Section 4.2.4.3. Thank you for your comments, they have been noted and will be considered. The Official Plan supports tourist commercial uses and building/structure setbacks from high water marks in Section 4.2.4.3.g. Thank you for your comments, they have been noted and will be considered. The Official Plan supports the preservation of the Frontenac Arch Biosphere Region and other natural environmental areas, as referenced in Section 5.1. Thank you for your comment. Thank you for your comments, they have been noted and will be considered. The Official Plan supports the preservation of the Rideau Canal through references in Section 5.1, including consultation with appropriate public agencies/technical reviewers such as Parks Canada.
Thank you for your comments, they have been noted and will be considered. Authority for septic Reinspection programs are provided by the Building Code Act, 1992. It is therefore not needed to be mentioned within the Official Plan in order to be implemented 18
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The Township shall work with Parks Canada and the Dog and Cranberry Lakes Association and other lake associations to identify the cultural heritage, natural heritage, and scenic features and vistas of the Rideau Canal landscape, and will protect those values through appropriate land use policies and designations, land division policies, cultural and natural heritage policies, design guidelines, and view protection policies. Section 7.5 Individual Servicing should have a policy on the Re-inspection of Septic systems like Central Frontenac.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Section 7.6.1 Lake Capacity : When considering provincial water quality standards for nutrients, Dog and Cranberry Lakes are at or near capacity. It begs the question: what does this mean for additional development. Should there be a moratorium for new development until a lake capacity study has been conducted? 7.6.1.2 Lake Trophic and Ecosystem State The DCLA specifically endorses these policies, especially policy c). Our Association is already committed to undertaking a nutrient budget study Section 7.6.2 Lake Management Plans We specifically endorse this policy and request that it be renamed “Lake stewardship plans.” Section 9.23 A Shoreline Protection By-Law shall be established rather than may. Appendix C-Should the Rideau Canal System be also applied to the western basin of Opinicon Lake? Brewer Lake, a small land locked lake south of Cranberry Lake, is not part of the Rideau Canal. Queen’s University – Dr. Brian Cumming & Dr. Kathleen Laird – Email Comments Dated February 4, 2024 Pg. 163, 7.6.1 ‘Lake Capacity’ – we suggest that you rephrase your statement: “It is necessary to protect the resilience of the lakes thorough supportive actions along the lake shore and within its broader watershed” to something like “It is necessary to protect lakes and their aquatic ecosystems by limiting development that would contribute to enhanced nutrient inputs or negative impact associated with erosion”. It is not the resilience that you are trying to protect, it is the input of nutrients that we know can cause negative impacts to aquatic ecosystems, that can enhance algal production and lead to depletion of deep-water oxygen for the fish, especially cold-water fish like lake trout. ‘At capacity lakes’, are defined as lakes where the habitat for cold-water fish is already degraded, and do not have sufficient deep-water oxygen concentrations to support their populations (end of season hypolimnetic oxygen concentrations < 7 mg/L). These should likely be termed ‘past capacity lakes’. The other trout lake lakes in your township (previously termed ‘moderately sensitive’ lakes) are at potential risk from development and climate change. In order to ensure these lakes do not become ‘at capacity lakes’, any development, including redevelopment of properties that are non-conforming, must meet the minimum guidelines set out in your official plan to limit any additional input of nutrients and the cascading impacts to the lake. Climate change will likely enhance any such changes to the lake ecosystems brought about by land development and thus must be minimized. There are several simple actions that could be taken to reduce nutrient inputs and improve lake-water and ecosystem quality. Foremost is the 30 m setback buffer on all lakes. This should be the minimum standard and should be upheld to ensure the long-term health and integrity of all lakes in South Frontenac for future generations. The official plan currently sets out this 30 m setback. Any requests for minor variances against this policy should not be allowed. There should also be restriction of any redevelopment of a cottage/home in an area that doesn’t modify location of buildings to conform to the current setbacks (i.e. < 30 m from a lake, and development on slopes). In cases where the lot is too small to conform to current guidelines, at a minimum any redevelopment shall not be permitted to increase the square footage of the property (a trend that is occurring on many lakes that we are aware of including on White Lake and Desert Lake). Simply put, increased development in areas where development is currently not permitted (non-conforming) will most likely lead to enhanced loading of nutrients into lakes (even with upgrades to septic systems that are allowed within the 30 m set back). This additional load of nutrients is what you are trying to prevent.
Comment Response Thank you for your comment. Lake capacity is addressed in Section 5.3.1.1 of the Official Plan which includes requiring a boating capacity study, where applicable and to certain satisfactory criteria. Thank you for your comment. Thank you for your comment. The Official Plan includes language that is intended to be consistent throughout the entire Plan. Thank you for your comments, they have been noted and will be considered. The Township is very interested in establishing a shoreline protection by-law. Thank you for your comment. The Official Plan supports the preservation of the Rideau Canal through references in Section 5.1. The limit of the applicable area is defined in Appendix C and follows the Rideau Canal National Historic Site boundary. Correction has been made to mapping. Thank you for your comment. Lake capacity and ecosystems are addressed in Section 5.3.1 of the Official Plan.
Thank you for your comment. At-capacity trout lakes identified in Section 5.3.2 of the Official Plan are based on classification criteria determined by the Province of Ontario.
Thank you for your comment. Lake capacity and ecosystems are addressed in Section 5.3.1 of the Official Plan. We anticipate that the implementation of the Community Planning Permit System for waterfront property will further strengthen land use controls on waterfront property. A template from the County is expected in 2025.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received As stated, the 30 m setback for all lakes is a fundamental standard that must be upheld. For trout lakes, this is particularly imperative. Furthermore, lakes such as Desert and Canoe, that have native reproducing lake trout, the guidelines outlined in your Official Plan are particularly critical to the water quality for the maintenance of these fisheries. We are currently carrying out research on Desert and Big Salmon lakes in conjunction with the Ministry of Environment and Climate Change and Frontenac Provincial Park. We plan to expand this research into other trout lakes within South Frontenac. South Frontenac should also implement a new policy to ensure that all out of date (old) septic systems are upgraded to current standards with the selling of any property. The township could initially focus on properties that are on a lake, river, stream, or wetland, enforcing upgrades of old septic systems and ensure the new systems have a 30 to 90 m setback. It is well known that many cottages on lakes built since the 1950s (and earlier) have never upgraded their septic systems. The township must ensure septic systems are working up to the current standards, and thus not serve as a source of nutrients into our lakes, rivers, and wetlands. Implementation of such a policy when a cottage is sold shouldn’t be hard (or that politically unpleasant) and would go a long way to incrementally improve water quality and aquatic ecosystems. Upgrading of septic systems with the sale of a property is required in Massachusetts and in many other state policies. Queen’s University – Dr. Kathleen Laird –Comments Provided March 7, 2024, Referencing the 2015 OMNRF Report Comments on the Official Plan – Section 7.6.6. At Capacity Trout Lakes This section is very out of date and needs to be updated based on the current list of trout lakes being managed by Ontario Ministry of Natural Resources and Forestry (OMNRF, July 2015). It makes no sense to list Big Salmon Lake as at capacity, which is fully within Frontenac Provincial Park. Potspoon Lake is no longer listed for management of lake trout as the native trout population has become too low to manage. These latter two listings in your Official Plan exemplify the degree to which this section is out of date. The OMNRF 2015 report states that “special protection is required for trout lakes due to their high sensitivity to disturbance”. They do not define this based only on those trout lakes deemed as ‘at capacity’ but rather for all trout lakes in the province. There are only 15 lakes within South Frontenac that are listed as being managed for lake trout by the OMNRF (2015, Appendix V), three of which are within Frontenac Park (Big Salmon, Little Clear Lake, Little Salmon). There is no need to make a differentiation of at-capacity or not for so few lakes. All trout lakes within South Frontenac outside of the Park are at risk due to development pressure (increased nutrient loads) and climate change. Warming alters thermal regimes with the potential to directly impact the cold-water habitats on which lake trout populations are reliant. Increased nutrient loads can negatively impact dissolved oxygen which decrease the ability of lake trout to thrive and may ultimately lead to decreased survivability. The list of trout lakes in the OMNRF report (2015) clearly states that it ‘supersedes previously published lists’, enabling a ‘coordinated strategy to protect Lake Trout populations in Ontario’. The current statement in the proposed new Official Plan states that ‘the township has one of the highest concentrations of inland trout lakes in the province’ is incorrect. In the Southern Region of Ontario (Appendix II OMNRF 2015) the Algonquin Park to the Bancroft area has the largest concentration of native trout lakes. The Northeast (Sault St. Marie to North Bay) and Northwest (Kenora-Fort Frances) regions of Ontario also have very high concentrations of native trout lakes (Appendices III & IV OMNRF 2015). What can be stated for South Frontenac is that it has the highest concentration of native trout lakes in the Peterborough OMNRF District, having 15 of the 18. Forty-three percent of trout lakes where the populations have already gone extinct have been in southeastern Ontario (OMNRF 2015). Given how few native trout lakes are left in southern Ontario, all remaining native trout lakes in South Frontenac need protection.
Comment Response Thank you for your comment. Section 5.3.2 details general setback provisions for Lake Trout Lakes. implementing zoning by-law includes such performance standards for buildings and structures.
The Official Plan creates guiding policies for the Township. The implementing zoning by-law addresses policies pertaining to septic system location and inspections are associated with Building Permit processes.
We have consulted with staff at MECP to confirm that the list of lakes is current. According to MECP staff, Potspoon Lake is managed for lake trout as a put grow and take lake by MNR, meaning that it is stocked on an annual basis with typically 1000 – 2000 lake trout fingerlings for people to sport fish year round and based on their water quality sampling program is designated as at capacity. Therefore, it should remain on the list. Thank you for your comment, it has been noted.
Text revised.
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Township of South Frontenac – Official Plan Comments – March 2025
Comment Received Comment Response The management plan for Zone 18 which includes Perth states that (https://www.ontario.ca/document/fisheries- The Township’s policies for development abutting lakes are consistent with the Provincial Planning management-plan-fisheries-management-zone-18) “limiting the amount of shoreline development to reduce the Statement, and environmental studies will be requested from proponents when appropriate/necessary. input of nutrients may prove to be the most effective technique for managing critical deep-water habitat for lake trout.” This applies to all 12 of the native trout lakes that are under development and climate pressure in South Frontenac. The Ministry of the Environment, Conservation and Parks – Kingston office samples trout lakes in many townships in the region, including South Frontenac. However, they are only able to sample each township roughly every decade. Consequently, if a trout lake is declining in water quality the detection of any trends are unlikely to be observed in time. Queen’s University – Dr. Brian Cumming & Dr. Kathleen Laird – Comments on the South Frontenac Draft Official Plan – Dated May 1, 2024 The phrase “net environmental gain” is used numerous times pertaining to waterfront development within the The Official Plan includes a variety of policies pertaining to environmental conservation, including reference 30 m setback. This usage of this phrase is misguided. The Watersheds Canada “A Regulatory Guide to Achieving to environmental net gains and/or improvements of ecosystems in Sections 5.3.1.2 & 5.3.2. The Environmental Net Gain at the Waterfront” needs to be updated to clarify that the improvement example is environmental policies included through the Official Plan are consistent with the plan’s objectives. based on a cottage with grass to the lake shoreline, minimal vegetation, impermeable driveways – so a worstcase scenario. Thus, the mitigation assessments would reduce the impact on the lake in this example. This regulatory guide document does not address large expansions on non-conforming sites nor the nuances of development on properties that are not worst-case scenarios (many non-conforming lake shore properties in South Frontenac are not worst-case scenarios). South Frontenac planning reports routinely describe redevelopment on non-conforming sites as “net environmental gain” when this is clearly likely not the case for most situations. In these cases the use of “net environmental gain” is disingenuous. Septic system inspections and a strategy for replacing very old septic systems within 30-60 m of lake shore The Official Plan creates guiding policies for the Township. The implementing zoning by-law addresses properties should be part of the new Official Plan. A clear net gain to maintain water quality would be achieved if policies pertaining to septic system location. old septic systems are upgraded and moved back at least 30 m. At a minimum this should be done when a cottage property, particularly non-conforming properties, are sold. Upgrades of septic systems and placement > 30 m from lake shore is a bare minimum that should be completed to protect trout lakes and other waterbodies in South Frontenac. Section: 3.8 Waterfront development The Official Plan has revised the waterfront development related policies to now be included as Section 3.11, d) what about Hutchinson 2021? and includes the following references which are aligned with the larger objectives of the Plan: f) Consideration may be given to reductions to the required minimum 30 metre (98.4 foot) setback from the highwater mark, only if it is not physically possible or environmentally desirable to meet this requirement. Under what circumstances would it ever be environmentally desirable to develop with the 30 m setback? This phase should be removed.
d) The Official Plan has included reference to Hutchinson 2014 regarding waterfront development. f) This comment has been addressed in new subsection h). h) This subsection is no longer included in the Feb. 6, 2025 version of the Official Plan.
h)….vegetative planting plan in order to support the protection and enhancement of the vegetative buffer between areas of development and the shoreline and to identify opportunities for net environmental gain. This is nonsense to identify ‘net environmental gain’ with development within the 30 m setback. Any development within the 30-m zone is not desirable in terms of maintenance of habitats nor water quality. Things can be done to minimize impacts – but would rarely be an environmental gain.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Section: 3.8.2 Waterfront Development Policies for Changes to Non-Complying/Non-Conforming Development a) Legal non-conforming buildings or structures may be repaired, renovated or reconstructed provided there are no increases to height, size, volume or extent of non-conformity or non-compliance of the use, building or structure;
Final Comment Response Thank you for your comment. The policies of the Official Plan reflect the requirements to enable the Township to adequately review any Site Plan Control application to the extent allowed under provincial legislation.
b) The proposed extension or enlargement does not result in undue adverse effects on adjacent properties; Sections outlined in a) and b) above in yellow seem contrary to each other. c) The proposed extension or enlargement does not result in adverse visual impacts as seen from the water and/or adjacent properties. How exactly are adverse visual impacts assessed? And who defines this? The phrase ‘undue adverse effects’ is ambiguous. d) The proposed extension or enlargement will result in a net environmental gain through measures such as decreasing the amount of impervious surfaces, controlling the quality and quantity of runoff and/or enhancing riparian vegetation; All of the ‘measures’ listed proposed to be of ‘net environmental gain’ are measures to reduce impact of the expansion on a non-conforming site – but would rarely be a gain for the environment. A gain would be to minimize development within an area that should not be expanded. f) The proposed extension or enlargement does not remove the ability for a future complying septic system to be located on the property away from the shoreline and sensitive environmental features This is dumbfounding that extension or enlargement would be allowed without an upgrade to the septic system. Any redevelopment should have to upgrade the septic to follow current standards. k) …the owner will work with the Township to maintain and enhance the vegetative buffer area Is any follow up inspection completed to ensure that this is done or has been established? m) Proposals to enlarge a non-complying/non-conforming building or structure shall reflect efforts to reduce the amount of structural coverage within the immediate shoreline area and within that portion of land falling within 30 metre of a waterbody. …Environmental net gains shall be considered… Shouldn’t there be some specific limits on the degree to which expansion can occur and not based on footprint – but rather no > 10-20% square footage expansion of the dwelling? Vague guidelines are not really guidelines.
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Again, the language of environmental net gains is not appropriate. Reduction of impact with mitigation measures such as ……
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
Section: 3.10.2 Climate Change k) Actively protecting natural heritage features and functions, as well as preserve and enhancing fish and wildlife habitat;
Final Comment Response Thank you for your comment. The policies of the Official Plan reflect the requirements to enable the Township to adequately review any Site Plan Control application to the extent allowed under provincial legislation.
What measurements (actions) are been used to protect all the things listed above? How is the township carrying out this protection should be explicated stated. There is no mention of how the township is planning to mitigate/reduce impact on non-conforming sites (within 30 m of high-water mark of lakes) that will be highly sensitive to changes in climate. Section: 7.6.1 Lake Capacity the Plan recognizes these additional factors as limiting lake development capacity: b) Lake nutrient levels and increasing trends; c) Confirmed harmful algae blooms; Once you reach the above points it is too late to easily maintain water quality nor restore higher water quality. There needs to be higher standards to protect lakes from reaching this point, particularly trout lakes, through limitations on development and replacement of old septic systems, especially on non-conforming sites. 7.6.1.2 Lake Trophic and Ecosystem State c) …individual development applications. If Council determines that a proposed development has the potential to impact the lakeshore capacity of a lake….
Thank you for your comment. The policies of the Official Plan reflect the requirements to enable the Township to adequately review any Site Plan Control application to the extent allowed under provincial legislation.
Thank you for your comment. The policies of the Official Plan reflect the requirements to enable the Township to adequately review any Site Plan Control application to the extent allowed under provincial legislation.
Typically, no individual development, unless of very large scale like a resort, is likely to be identified as a ‘tipping point’. The larger concern is of the cumulative impact of development expansion, particularly within the 30 m zone. e) Given that there is usually a lag in determining negative impacts (i.e. it takes a long time for lakes to show symptoms), proposals for development must also demonstrate how environmental net gains and/or improvement of ecosystem services will be achieved. Please remove environmental net gains. This is a nonsensical string of words when typically referring to development on lakes, particularly within the 30 m zone that is used throughout. Development can be completed in such a fashion to reduce impacts and improve if revegetated areas with native plants, reduce impermeable surfaces– but not in a fashion where there would ever likely be an environmental net gain that has any meaningful large ecological improvement. Usage of these phrases explicitly enables property owners and council members to assume that development will not impact a lake, where clearly this is never the case with any development or redevelopment, there will always be some impact.
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Township of South Frontenac – Official Plan Comments – March 2025
Final
Comment Received
Comment Response Thank you for your comments. This is now located in Section 11.11.1 of the Official Plan.
Section 9.11.1 Minor Variance Decisions a) Minor variances are discretionary and are to be considered from a land use planning and public interest perspective. In granting any minor variance under Section 45(1), the Committee of Adjustment shall be satisfied that: i) The variance is desirable for the appropriate development or use of the land, building, or structure; ii) That the general intent and purpose of the Official Plan are maintained; iii) That the general intent and purpose of the Zoning By-law are maintained; and, iv) The variance is minor in nature. All 4 of these bullets are so general that pretty much any development can be said to meet these criteria.
The four bullet points referenced are the requirements for Minor Variance justification, as outlined in the Planning Act. All Minor Variances applications across Ontario need to demonstrate compliance or justify the application against these tests. The maintenance of water quality and quantity reference in Section 5.3 is further supported by other water resource policies of section 5.3. Furthermore, these Official Plan policies cannot be varied, as only zoning bylaw policies can be modified through Minor Variance under the Planning Act. Any modification to an Official Plan policy would be conducted through a more strenuous Official Plan Amendment application.
d) In considering whether a proposed variance is minor, the Committee of Adjustment shall have regard for, but will not necessarily be limited to, the following: iii) If the variance is desirable for the appropriate development How can any request to not abide by guidelines to protect lake shores and water quality be desirable? How do such requests maintain habitat for the ‘ribbon of life’ as stated in section 7.6 below: “ In order to maintain the quality and quantity of water, the Township will restrict development and site alteration near sensitive surface water or groundwater features, protect and enhance the “ribbon of life” along waterbodies…..” v) Size or comparison in size; vi) If it is too large or too important to be consider minor; There are no specific guidelines in terms of size, comparison in size or what is considered ‘too large’. Therefore, how does one assess whether it is minor or not? How can vague, non-defined terms be used for compliance of what is minor?
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Section 9.12.1 Changes to Non-Conforming Uses involving Extensions and Enlargements Vague terminology continues in this section. a) Any proposed change of use or extension or enlargement of the existing non-conforming use shall not exacerbate the non-conformity of the use;
Final Comment Response Thank you for your comment. The policies of the Official Plan reflect the requirements to enable the Township to adequately review any Site Plan Control application to the extent allowed under provincial legislation.
b) Any proposed extension or enlargement shall be in an appropriate proportion to the existing size of the nonconforming use; How is ‘an appropriate proportion measured or defined”??? Section 9.12.1 i is all in bold and thus presumably deemed to be standards that should/must be met. Section xv again uses the ‘net environmental gain’ that is not appropriate when allowing developmental expansions within the ribbon of life. The metric that should be assessed is the change in phosphorus export to the aquatic environment. This will increase with any development, particularly on longer time frames of years to decades, and will not be a gain to the adjacent aquatic environment. xvii) Where the existing septic system is non-conforming, ensure that the proposed extension or enlargement does not remove the ability for a future complying septic system to be located on the property away from the shoreline and sensitive environmental features How can redevelopment not include a complying septic system – this should be a MUST. Nowhere in the entire Official Plan is there mention of any septic inspections. It is well known that many old cottages – with many within the 30 m zone – have substandard or malfunctioning septic systems. This needs to be addressed and is one of the vital measurements that must be undertaken to ensure water quality of South Frontenac lakes for future residents and recreational users. This a minimum standard that should be taken for all lakes in South Frontenac but is absolutely necessary for trout lakes in South Frontenac. There are only 12 trout lakes in South Frontenac that are being managed by the ministry for trout. Surely upgrading septic systems on these very sensitive lakes needs to be a priority?
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Public Input – L. Kirby-Olvet – Email/Written Comments – Dated Oct. 8, 2021 My husband and I and our two kids are residents of South Frontenac and have lived on Buck Lake year round for almost 19 years. We and many of our neighbours are becoming increasingly concerned with the growth of short term rentals in our township. More and more we are seeing individuals or corporations from afar purchasing properties to provide income through renting daily, per weekend, or per week.
Comment Response Thank you for your comments, they have been noted and will be considered. The Additional Dwelling Unit policies of Section 3.2 and Garden Suite policies of Section 3.7 are considerate of initiatives to regulate such matters. Any new property development will be consistent with the intent of the Official Plan, implementing Zoning By-law, and any other applicable by-laws.
For the last 5 years the cottage directly next to us has been rented weekly from mid-June to mid-September. It is rented through Airbnb. The constant turnover of inhabitants and the level and types of the activity that goes on next to us during these months has severely impacted our enjoyment of our permanent residence. The negative impacts from our observations over these years are as follows:
- lack of proper management - the owners are not present for the majority of the time this property is rented out and often it is my husband or myself that are policing unacceptable behaviour such as loud music being played throughout the day and night, dogs left off leash and allowed to roam on adjacent properties, etc.
- Number of renters over capacity - often there are more people that frequent this property than what the property can accommodate
- Environmental impacts - as a result of over capacity, this no doubt taxes the septic system which could potentially impact the health of our lake. Also, each renter brings one or two boats with them which means more boaters on our lake that are not always familiar with safe and respectful boating practices. One renter who comes every year, brings their large wakeboard boat to wake surf which has a huge impact on our shorelines.
- Lack of respect for local community - individuals visiting for a week’s vacation have no vested interest in the community that surrounds them. They drive too fast on private lanes and they are noisy and “party” often regardless of the day of the week. Also, many times fireworks have been set off outside the allowable dates set out by the township. One renter in particular set them off three times in one week.
- In addition, the owner of these properties often do not have any connection to the local community either and as a result are not sensitive to the impact of their STR. We feel that there needs to be set regulations and more by-laws around Short Term Rentals. Currently South Frontenac has nothing in place to regulate this type of property use. The only by-law that neighbours of STRs can currently call upon is our noise by-law. This is not enough.
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As full-time residents of SF and neighbours of an STR, we would like the Township to consider the following:
- Categories for accommodation establishments to form a basis for relative by-laws and a regulatory infrastructure
- Obligations and constraints via a classification certificate
- consider an outright ban on short term rental of properties that are not inhabited by the owner at any time and have been purchased for the sole goal of generating income. OR require the owner to apply for rezoning in which it will be taxed and regulated as a commercial property.
- as per 3), only allow these types of STRs in certain zones, not in residential areas and introduce a cap on the amount allowed within each zone/community of SF.
- If it is a waterfront property, should be inspected to ensure that it is being properly maintained to avoid any negative impact on our lakes’ sensitive ecosystems. Quinte Conservation – Samantha Carney – Email Comments – Dated Dec. 12, 2024
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
Page 54, section 4.3.1 – Quinte suggests amending the list to include “Ensure a sufficient supply of water available to support the development without negatively affecting existing settlement areas.”
Page 77, Section 5.1.2 (d) there’s a spelling error with the first word in this statement: “Aany”
Page 87 section 5.2.1.4(d) – The Clean Water Act may allow mitigative measures while the Conservation Authorities Act does not. Quinte suggests amending this bullet to include “if applicable”. “…unstable bedrock and any drinking water threat it may pose, and if applicable, necessary mitigative measures.”
Quinte notes the section related to source protection and communal systems and applauds the municipality on their proactive approach to source water protection.
Page 99 Section 5.3.5 – Quinte Conservation also produces watershed report cards, like Cataraqui conservation. They are available on our website. Steven Leonard, 4057 Boyce Road, RR1, Hartington, ON K0H 1V0 Opposed to the proposed Prime Agricultural Area designation in Portland District (i.e. west of Road 38), and specifically on his property. He indicated that there is only 4 inches of soil on his property, and lots of shallow soil in the area. He does not want limitations placed on his property. He suggested that the Township should do soil testing and look at depth and drainage, etc.
Comment Response Thank you for your comment, it has been noted and considered. Thank you for your comment, it has been corrected. Thank you for your comment, it has been noted and considered Thank you for your comment. Thank you for your comment.
The Provincial Planning Statement (2024) requires municipalities to protect prime agricultural areas for long term use for agriculture. Development Services staff, with assistance from Frontenac County GIS staff, conducted a review of agricultural lands in the Township to inform the Agricultural Lands designation of the draft Official Plan. The methodology used to identify prime agricultural areas was based on criteria of OMAFRA. The criteria for identifying prime agricultural areas were: • • • •
Areas primarily comprised of Canada Land Inventory Class 1 to 3 ands with some class 4 to 5 lands included. A local concentration of agricultural operations which exhibit characteristics of on-going agriculture An area greater than 250 hectares. Relatively unconstrained from incompatible uses.
Protect Opinicon Inc. email submitted August 29, 2023
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received As stated in the introduction to the draft Plan, the Township’s Official Plan is prepared in accordance with the Planning Act, R.S.O.1990, c. P. 13. (Planning Act), which provides municipalities with a set of requirements to follow. We respectfully submit that the Planning Act requires municipalities to prioritize environmental and ecological protection over commercial activity and the Official Plan should reflect this. Indeed, the Planning Act lists the principal considerations which Council must adhere to at section 2, which reads as follows: 2. The Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (a) the protection of ecological systems, including natural areas, features and functions; (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; (e) the supply, efficient use and conservation of energy and water; (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; (g) the minimization of waste; (h) the orderly development of safe and healthy communities; (p) the appropriate location of growth and development; (our emphasis) The Planning Act clearly prioritizes ecological considerations by citing them as the primary concern and it further emphasizes that growth must be appropriate to location. These provisions are clearly very relevant to South Frontenac, and particularly to its most sensitive and well-studied waterfront areas, such as Opinicon Lake. Although the Official Plan does provide as Goal 2 that “We are leaders in the protection of our environmental areas and lakes to support the quality of life in South Frontenac”, s.2.4.1 of the draft Official Plan emphasizes commercial expansion. Indeed, as an introduction, s 2.4.1 a) states that Council shall endeavour to do the following: a) Continue to recognize the link of the natural environment to the tourism economy, emphasizing the need to protect natural areas, features and functions as a means to ensure that the tourism sector remains viable (our emphasis).
Final Comment Response While we acknowledge your concerns, the Planning Act lists a number of provincial interests in Section 2 of the Planning Act that municipalities shall have regard for. The list is a guideline for policy decisions and the list is to be considered in its entirety. When assessing the merits of a development application, consideration shall be given to all of these provincial interests and the intent is for municipal Councils and land use planners to balance each of these provincial interests as part of their decision-making process. The draft Official Plan has set out policies as it relates to commercial development of waterfront property.
While the link between a healthy environment and a healthy tourism sector is clear, we submit that a statement worded this way in the draft Official Plan reverses the priorities set by the Planning Act. Indeed, environmental and ecological considerations should be considered foremost on their own merits without making them adjuncts to the goal of encouraging tourist attractions or commercial expansion for that matter.
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Township of South Frontenac – Official Plan Comments – March 2025 Comment Received Mark Touw, Arcadis Professional Services – Email submitted December 20, 2024
- The above policies (4.2(i), 4.2.2. 4.2.2 (b) are located in the Rural Area section of the OP (and Residential Uses subsection). While we understand that they are likely not intended to directly apply to residential development that may be proposed within Secondary Plans located in the Rural Area, it may be beneficial to have a clarifying policy that residential development within Secondary Plan areas are not subject to these particular policies. Such a policy could be located in Section 4.2 or in Section 10 with a reference back to Section 4.2 to make it clear that residential development approved through a Secondary Plan is not subject to these policies.
Comment Response
The following policy has been added to Section 10.1: Secondary plans may contemplate permitting a wider range of residential uses including townhouses and multiple unit dwellings within Rural Lands.
The following policies have been added to Section 10.1:
Policy 10(a), based on our September meeting, we understand that the intent of this policy is not necessarily that any potential Secondary Plan area first has to be assessed by the municipality for suitability with respect to servicing. Rather, this policy is intended to be enabling to help identify and encourage development of the most suitable areas with respect to servicing.
The Township may require development proponents to prepare a secondary plan before new development is permitted in any and all areas including Settlement Areas, Rural Lands and Future Secondary Planning Areas, in accordance with this Plan.
- Understanding this, and in the context of the work already undertaken by the Oskar Group to assess the suitability of their lands for the proposed development, including servicing capacity, can this policy be adjusted to clarify that such studies can be undertaken by a private party, to the satisfaction of the municipality?
Any privately initiated secondary plan shall require Township approval of a terms of reference prior to the initiation of the secondary plan process. The terms of reference should identify all required supporting studies and reports, and how the plan will adhere to Official Plan policies. All municipal fees and expenses related to a privately-initiated secondary plan shall be the responsibility of the proponent.
Policy 10(c), based on our meeting in September, we understand that the intent of this policy, as it relates to the Kinsland Agrihood, is that the “master plan” proposed by Oskar Group for their lands would be reviewed and approved through this Secondary Planning process. We also understand from that meeting that a private party can complete the Secondary Plan process rather than it being a municipally-led process. For the Kinsland project, this would essentially be a continuation of the current “master planning” process but with a more formal structure for submission, comments and approval. 3. Can an initial phase of development proceed prior to approval of a Secondary Plan? Policy 7.2.2(c) seems to indicate that new “multi lot” development could proceed ahead of a Secondary Plan being completed. Oskar Group is particularly concerned about obtaining approval for their existing Plan of Subdivision application (modified to align with Phase 1 of the Kinsland master plan),which is critical for the financial viability of the broader project. Would policy 7.2.2(c) allow this initial “Phase 1” of Kinsland to proceed while the broader plan for the Oskar Group property undergoes the new Secondary Planning process? 4. We appreciate that the policy provides flexibility, there is some question about how “equivalent in scale and density to existing settlement areas” might be applied. It would be helpful if this policy could be revised to clarify: i. Whether there is a general minimum size for a Secondary Plan area and/or other characteristics and considerations for identifying an appropriate area. ii. That the process can be led by either the municipality or by a private party (e.g. land owner).
The priority locations for the development of secondary plans shall be in Settlement Areas and Employment Areas shown on Maps A and B, and in Future Secondary Planning Areas shown on Map H.
- The following policies have been added to Section 10.2: The Township will initiate and lead groundwater studies for Future Secondary Planning Areas to identify areas with suitable water quantity and quality to support development on municipal communal services. Until such time as a required secondary plan is approved for Future Secondary Planning Area, the Township may permit limited land division and/or development, and conservation design subdivisions, provided such development conforms with this Plan and does not compromise or predetermine the outcome of the secondary plan, to the satisfaction of the Township.
- The following policies have been added to Section 10.1: Any privately initiated secondary plan shall require Township approval of a terms of reference prior to the initiation of the secondary plan process. The terms of reference should identify all required supporting studies and reports, and how the plan will adhere to Official Plan policies. All municipal fees and expenses related to a privately-initiated secondary plan shall be the responsibility of the proponent.
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Concerned residents of South Frontenac and Long Bay – email submitted April 29, 2024
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Township of South Frontenac – Official Plan Comments – March 2025
Protect Islands - Water access only lots and islands should remain restricted only to Limited Service Residential (LSR) development in order to protect both these sensitive, remote areas and their users. (Reference current OP section 5.7.7(iii)). Islands, in particular, provide unique ecosystems that support biodiversity and natural features that need protection from the scale, density, and intensity of human activity that Tourist Commercial developments entail. The environmental sensitivity of these areas is recognized in the OP, which limits LSR development to single dwellings on oversize lots (minimum 2 hectares , 20,000m2). Water access only properties are also by definition difficult to access. They are illogical locations for Tourist Commercial enterprises that cater to the public and they pose additional risk because emergency responders cannot readily reach them. We ask that Tourist Commercial development not be allowed on water access only properties and specifically that this sentence be deleted from the DOP;
The following policies have been added/amended: Waterbodies within the Township contain islands and remote areas. Islands and remote areas of the Township offer the opportunity for limited-service residential use. Consequently, limited-service residential development shall be permitted on water access only lots provided: •
It is demonstrated to the satisfaction of the Township that an adequate supply of potable water is available for each lot and that a satisfactory method of sewage disposal is approved by the appropriate authority;
•
Access to the island or the remote area is available via a navigable waterway and/or a public road or an existing private road of sufficient quality to ensure the provision of appropriate services to the island or remote area;
•
The owner of the lot demonstrates to the satisfaction of the Township that deeded land and mooring facilities on the mainland are available to permit the parking of automobiles and/or the storage or docking of boats and boat trailers etc. associated with the use of the water access only lot, in this way ensuring minimal disruption to residents on the mainland. Such facilities shall be owned or tied in perpetuity to the water access only lot and be zoned for parking and docking facilities only;
•
There is a suitable location at the island or remote area for docking and access that would not negatively impact the shoreline and riparian area; and
•
Notwithstanding anything in this Plan to the contrary, the minimum lot size for a new water access only lot is 2 ha to minimize impacts in these remote areas.
“In this regard, water access, as the sole or primary access, may be considered acceptable for seasonally operated uses only.” (DOP 4.2.5.3.1 (e)) 2. Protect Waterfront Areas, Shorelines, and Water - The OP requires that Recreational Resort Commercial (RRC) structures have a minimum setback of 50 metres from high watermark, recognizing that they pose additional risk as compared to residential uses. (Reference current OP section 5.7.5(iii) (a)4 and (b)4) We ask that the minimum water setback revert to 50 metres rather than 30 metres in DOP 4.2.5.3.1 (c) and that Tourist Commercial development be required to comply with the Waterfront Development Section 3.8 of the DOP. We ask that the DOP incorporate density and scale controls to protect Waterfront Areas. We suggest that density maximums should be based on Waterfront Area rather than total lot area, include maximum area and height limitations for structures in Waterfront Areas, and retain a usable shoreline minimum per structure. 3. Protect Residential Zoning Intent - The current OP specifies the types of accommodation structures permitted for Recreation Resort Commercial (RRC) zoning and limits them to non- residential structures that support shortterm accommodation. They are distinct from residential structures and development. We ask that the ‘housing options’ term be removed from the DOP for Tourist Commercial uses and replaced with specific types of accommodation structures that are consistent with the current Recreational Resort Commercial intent and that clearly prohibit residential development in commercial zoning.
•
Tourist commercial uses shall include a range of uses that cater primarily to the tourism and recreational needs. Permitted uses shall include but are not limited to tourist lodging facilities, campgrounds, recreation facilities, golf courses, parks and facilities related to boat traffic, such as marinas, docks, and other services. Buildings, structures, or sites of historic interest, uses such as museums and related facilities are also permitted.
•
A residential use may be permitted as an accessory use to a rural commercial use.
•
This Plan recognizes that Tourist Campground and Tourist Lodging Establishment densities are an important component to managing environmental and land use compatibility concerns. The implementing by-law will identify specific density, lot coverage and open space provisions, among others, to these uses in order to mitigate these concerns.
•
At a minimum, the consideration of a new or expansion of an existing tourist commercial use 30
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- Protect Waterfront from Back Lot Development – The OP prohibits the creation of new lots, and creating the effect of new lots, without water frontage: “no development shall be permitted on existing private roads or extensions thereto which would have the effect of creating new lots without water frontage on a private road which services primarily waterfront residential developments (i.e. no back lot development).” (Reference current OP section: 5.7.7 (c)).
2 and 3. The following policies have been added/amended:
Final
Township of South Frontenac – Official Plan Comments – March 2025 Comment Received
Comment Response through the zoning by-law amendment process will ensure: • The site is suitable for the use proposed; and, • The uses shall be of a scale that permits them to blend into their natural setting and shall be designed to preserve, as much as possible, a site’s physical attributes such as tree coverage, varying topography, and scenic views. • New waterfront tourist commercial uses, buildings and structures shall be setback a minimum of 50 metres from the highwater mark of a waterbody to protect sensitive waterfront areas and lake ecosystems from intensified use. • Reductions to the required minimum 50 metre setback from the highwater mark where it is not physically possible or environmentally desirable to meet this requirement may be considered without amendment to this Plan.
We ask that the DOP be amended to prohibit residential development in Tourist Commercial zones and that the narrow definition of “back lot” be removed to reinstate the wording and intent of the OP that prevents any form of ownership or land use that would have the effect of creating lots without water frontage. 5. Protect Rural Character and Cultural Landscape The DOP aspires to afford protections for rural areas, “The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape.” There is special challenge in doing so because the nature of the Rural area varies. There is an extensive and unique rural reality in the many Limited Service Residential Waterfront communities in the Township that comprise what commonly called “cottage country”. We ask that the DOP carefully define what is and is not permitted in Tourist Commercial zones near residential and cottage country areas so that negative impacts are prevented. In doing so, we suggest that reverting to the OP‘s approach of having separate Rural Commercial and Recreational Resort Commercial zones might better enable setting distinct policies.
The following policies regarding back lots are included in the draft Official Plan: •
Existing vacant back lots on private roads may be developed provided that the access and servicing policies of this Plan are satisfied.
•
The creation of a new back lot shall not be permitted through the consent process.
- The following policies have been added/amended: •
Rural commercial uses will be zoned in separate categories in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for rural commercial uses.
•
Where commercial uses are located adjacent to residential or other sensitive land uses, provisions may be made for increased setbacks, buffering or screening to ensure compatibility and to avoid land use conflicts.
•
Site plan control shall apply to rural commercial uses, in accordance with the Township’s Site Plan Control By-Law.
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Township of South
Frontenac
Official Plan
Our Community Our Vision Our Official Plan
Adopted by South Frontenac Township Council on
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Table of Contents 1
Shaping the Future of South Frontenac ………………….. 8 1.1
Land Acknowledgement ………………………………………………………………………… 8
1.2
The Purpose of the Official Plan …………………………………………………………….. 8
1.3
How to Read this Plan ………………………………………………………………………….. 9
1.4
Transition Policies ………………………………………………………………………………. 11
1.5
What We Value: Our Vision, Goals, and Guiding Principles ……………………… 12
1.5.1
Vision for the Official Plan ……………………………………………………………… 12
1.5.2
Goals for the Official Plan ……………………………………………………………… 13
1.5.3
Guiding Principles ………………………………………………………………………… 15
1.6
Building Relationships with Indigenous Communities ………………………………. 16
1.6.1
Historical Background …………………………………………………………………… 16
1.6.2
Rights and Interests ……………………………………………………………………… 17
1.6.3
Relationship Building and Accommodating Needs ……………………………. 20
2
Growth and Prosperity ……………………………………….. 22 2.1
How We Will Grow ……………………………………………………………………………… 22
2.2
Where We Live ………………………………………………………………………………….. 24
2.3
Where We Work…………………………………………………………………………………. 25
2.4
Where We Play ………………………………………………………………………………….. 26
2.5
Age-Inclusive Planning ……………………………………………………………………….. 29
2.6
Climate Change …………………………………………………………………………………. 29
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3
General Land Use Policies………………………………….. 32 3.1
General …………………………………………………………………………………………….. 32
3.2
Additional Residential Units …………………………………………………………………. 33
3.3
Garden Suites ……………………………………………………………………………………. 35
3.4
Group Homes…………………………………………………………………………………….. 36
3.5
Home-Based Businesses …………………………………………………………………….. 37
3.6
Compatibility and Built Form ………………………………………………………………… 38
3.7
Existing Land Uses, Buildings and Structures…………………………………………. 41
3.8
Community Facilities and Open Spaces ………………………………………………… 42
3.8.1
General Policies …………………………………………………………………………… 42
3.8.2
Parks, Trails, and Recreation Facilities ……………………………………………. 43
3.9
Minimum Distance Separation Formulae ……………………………………………….. 45
3.10
Waterfront Development ……………………………………………………………………… 45
3.11
Existing Land Uses, Buildings and Structures…………………………………………. 47
4
How We Will Use the Land …………………………………. 51 4.1
Prime Agricultural Areas ……………………………………………………………………… 51
4.1.1
General Policies …………………………………………………………………………… 52
4.1.2
Agriculture-related Uses and On-Farm Diversified Uses ……………………. 53
4.2
Rural Lands……………………………………………………………………………………….. 55
4.2.1
General Policies …………………………………………………………………………… 55
4.2.2
Agricultural Uses ………………………………………………………………………….. 56
4.2.3
Residential Uses ………………………………………………………………………….. 57
4.2.4
Commercial Uses ………………………………………………………………………… 59
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4.2.5 4.3
Industrial Uses …………………………………………………………………………….. 63
Settlement Areas ……………………………………………………………………………….. 64
4.3.1
General Policies …………………………………………………………………………… 65
4.3.2
New Settlement Areas & Settlement Area Boundaries ………………………. 66
4.3.3
Intensification ………………………………………………………………………………. 67
4.3.4
Residential Uses ………………………………………………………………………….. 68
4.3.5
Commercial Uses ………………………………………………………………………… 70
4.3.6
Industrial Uses …………………………………………………………………………….. 72
4.3.7
Agricultural Uses ………………………………………………………………………….. 73
4.4
Employment Area ………………………………………………………………………………. 74
4.5
Environmental Protection …………………………………………………………………….. 75
4.6
Mineral Aggregate………………………………………………………………………………. 76
4.6.1
Wayside Pits and Quarries ……………………………………………………………. 80
4.6.2
Portable Asphalt Plants…………………………………………………………………. 81
4.7
Mining ………………………………………………………………………………………………. 82
4.8
Waste Management ……………………………………………………………………………. 83
5
Our Natural Environment ……………………………………. 87 5.1
Natural Heritage …………………………………………………………………………………. 87
5.1.1
General Policies …………………………………………………………………………… 88
5.1.2
Wetlands …………………………………………………………………………………….. 88
5.1.3
Fish Habitat…………………………………………………………………………………. 89
5.1.4
Endangered and Threatened Species …………………………………………….. 90
5.1.5
Significant Wildlife Habitat …………………………………………………………….. 91
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5.1.6
Areas of Natural and Scientific Interest ……………………………………………. 92
5.1.7
Significant Woodlands ………………………………………………………………….. 92
5.1.8
Significant Valleylands ………………………………………………………………….. 93
5.1.9
Linkages and Biodiversity Areas …………………………………………………….. 94
5.1.10
Environmental Impact Assessment …………………………………………………. 94
5.1.11
Implementation Measures……………………………………………………………… 95
5.1.12
Stewardship Activities …………………………………………………………………… 95
5.2
Natural and Human Made Hazards……………………………………………………….. 96
5.2.1
Natural Hazards …………………………………………………………………………… 96
5.2.2
Human Made Hazards ………………………………………………………………… 100
5.3
Water Resources ……………………………………………………………………………… 102
5.3.1
Lake Capacity ……………………………………………………………………………. 102
5.3.2
Surface Capacity for Recreation …………………………………………………… 102
5.3.3
Lake Trophic Ecosystem State …………………………………………………….. 103
5.3.4
Lake Trout Lakes ……………………………………………………………………….. 105
5.3.5
Lake Management Plans …………………………………………………………….. 107
5.3.6
Subwatershed Planning ………………………………………………………………. 107
5.3.7
Stormwater Management…………………………………………………………….. 108
5.3.8
Drinking Water Source Protection …………………………………………………. 109
6
Our Cultural Heritage ……………………………………….. 112 6.1
General Policies ……………………………………………………………………………….. 112
6.2
Protected Heritage Properties …………………………………………………………….. 113
6.2.1
Rideau Canal …………………………………………………………………………….. 114
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6.3
Archeological Resources …………………………………………………………………… 115
6.4
Engaging with Aboriginal Communities on Cultural and Archeological Heritage 117
7
Making it Work: Infrastructure and Services ………… 119 7.1
7.1.1
Arterial Roads ……………………………………………………………………………. 120
7.1.2
Collector Roads …………………………………………………………………………. 120
7.1.3
Local Roads ………………………………………………………………………………. 121
7.1.4
Frontage on Public Roads …………………………………………………………… 123
7.1.5
Private Roads ……………………………………………………………………………. 123
7.1.6
Active Transportation ………………………………………………………………….. 125
7.2
Parking ……………………………………………………………………………………………. 126
7.3
Railways………………………………………………………………………………………….. 127
7.4
Water and Sewage Services ………………………………………………………………. 128
7.4.1
Municipal Services ……………………………………………………………………… 128
7.4.2
Private Communal Services…………………………………………………………. 131
7.4.3
Partial Services ………………………………………………………………………….. 131
7.4.4
Individual On-Site Services ………………………………………………………….. 132
7.5
Public Utilities and Communications Facilities ………………………………………. 133
7.6
Renewable Energy……………………………………………………………………………. 135
8
How We Will Engage and Consult ……………………… 136 8.1
9
Road ………………………………………………………………………………………………. 119
Engaging with Aboriginal Interests ………………………………………………………. 137
Land Division …………………………………………………… 139 Page v
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9.1
General Policies ……………………………………………………………………………….. 139
9.2
Plans of Subdivision/ Plans of Condominium ………………………………………… 142
9.2.1
General Policies …………………………………………………………………………. 142
9.2.2
Conservation Design ………………………………………………………………….. 145
9.3
Consent Policies ………………………………………………………………………………. 146
9.3.1
General Policies …………………………………………………………………………. 146
9.3.2
Rural Lot Creation Policies ………………………………………………………….. 148
9.3.3
Settlement Area Lot Creation Policies …………………………………………… 148
9.3.4
Agricultural Lot Creation Policies ………………………………………………….. 149
10 Secondary Plans ……………………………………………… 152 10.1
General Policies ……………………………………………………………………………….. 152
10.2
Future Secondary Planning Areas ………………………………………………………. 155
11 Implementation ………………………………………………… 156 11.1
Amendments to the Plan ……………………………………………………………………. 156
11.2
Monitoring ……………………………………………………………………………………….. 156
11.3
Construction of Public Works ……………………………………………………………… 157
11.4
Land Acquisition……………………………………………………………………………….. 157
11.5
Zoning By-law ………………………………………………………………………………….. 157
11.6
Holding Provisions ……………………………………………………………………………. 158
11.7
Temporary Use By-laws …………………………………………………………………….. 160
11.8
Interim Control By-laws ……………………………………………………………………… 160
11.9
Part Lot Control By-law ……………………………………………………………………… 161
11.10
Other By-laws ……………………………………………………………………………….. 161
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11.10.1
Safe Properties and Property Standards …………………………………….. 161
11.10.2
Shoreline Protection By-law ……………………………………………………… 162
11.10.3
Cash-in-lieu of Parking Facilities ……………………………………………….. 162
11.11
Delegation of Authority …………………………………………………………………… 162
11.12
Committee of Adjustment ……………………………………………………………….. 163
11.12.1
Minor Variance ……………………………………………………………………….. 164
11.12.2
Permission to Change, Extend or Enlarge a Non-Conforming Use …. 165
11.12.3
Consents ……………………………………………………………………………….. 166
11.13
Dedication and Tenure of Land for Parks and Conservation ………………… 166
11.14
Site Plan Control …………………………………………………………………………… 167
11.15
Community Improvement Plans ………………………………………………………. 167
11.16
Community Planning Permit System ………………………………………………… 168
11.17
Pre-application Consultation……………………………………………………………. 169
11.18
Complete Application Requirements ………………………………………………… 170
12 Site Specific Policy Areas …………………………………. 173 13 Definitions ………………………………………………………. 175
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1 Shaping the Future of South Frontenac 1.1 Land Acknowledgement The Township of South Frontenac acknowledges that it sits on the traditional unceded territory of the Algonquin, Anishinaabe and Haudenosaunee peoples, and its lands are entirely within the boundaries of this territory. In acknowledging this traditional territory, we recognize its long history. We recognize that planning has been happening on these lands by Indigenous People, long before its settlement by Europeans. This recognition must also be clearly and overtly connected to our collective commitment to make the promise and the challenge of Truth and Reconciliation real in our community and work with other communities to create meaningful planning processes amongst Indigenous People and our municipality.
1.2 The Purpose of the Official Plan The Township of South Frontenac (the Township) is a community that is natural, vibrant, and growing – a progressive rural leader. It is located in eastern Ontario just north of Kingston and Lake Ontario. In 2021, the Township was home to over 20,000 residents and preparing to become home to more as we continue to grow. With over 75 lakes and plenty of natural areas to explore, the Township is pleased to support an outdoor lifestyle that encourages residents and visitors alike to enjoy all that the Township has to offer. The Township’s Official Plan (the Plan) was prepared in accordance with the Planning Act, which provides municipalities with a set of requirements to follow when preparing an Official Plan. The prior Official Plan for the Township was approved in 2003. Between 2003 and the adoption of this Plan, there were several updates to the Planning Act and the Provincial
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Planning Statement, as well as implementation of the County of Frontenac Official Plan (2016). The Township is required to have an Official Plan that is in conformity with these documents. As such, in 2020, the Township began the process to develop a new Official Plan to direct growth and development in the Township for the next generation and beyond. The Plan is consistent with the policies in the 2024 Provincial Planning Statement such as efficient use of land, provision of housing, and environmental protection. This Plan also conforms to the upper-tier County of Frontenac Official Plan (2016, as amended). It incorporates policies from the applicable Source Water Protection plans that helps protect drinking water from overuse and pollution. As the legislative and planning policy framework is updated, the Official Plan will be amended to remain consistent with the legislative and planning policy in Ontario and Frontenac County. The Official Plan will also be reviewed and may be updated from time to time to ensure it stays current with the evolving needs of the South Frontenac community. This Official Plan is an expression of the Township’s Vision for the future development of the community. This Plan is a living document that provides policy guidance to and a land use vision for the Township as it grows and develops. It establishes the policies for development and conservation, such as, where development may occur and at what scale, guidelines for how our natural lands should be preserved, what activities may be supported on them, and the measures to protect our rich agricultural areas.
1.3 How to Read this Plan The Official Plan consists of written policy, maps and figures. The Plan is organized by themes, including broad based planning principles and strategic policy approaches, specific land use policies, resource and utility policies, and implementation tools. The components of the Plan that will be used to guide decision-making (i.e., the “official parts” of the Plan) are Sections 1 to 13, Maps A to I, and Figure 1. Maps and figures are officially part of the Plan and are used to assist with interpretation of the policies of this Plan. If there are any discrepancies between a policy and a figure, then the policy shall prevail. The appendices are not officially part of the Plan. They provide additional context but are provided for reference purposes only. The following are the recommended steps to read and interpret this Plan when undertaking changes to a property or a new development:
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•
Step 1: Identify the land use designation(s) applicable to the property on Map A as applicable.
•
Step 2: Read the relevant policy for general development in Section 3 of the Plan.
•
Step 3: Read the relevant policy for the land use designation(s) in Section 4 of the Plan
•
Step 4: Identify if any other considerations on Maps B to G are applicable to the property, and read the policies in Sections 5, 6 and/or 7 related to those elements from the maps.
•
Step 5: Check all other sections of this Plan for policies that may be relevant to the property or proposed development.
•
Step 6: Check the appendices for any additional technical details that may be relevant to the property or proposed development.
This Plan must be interpreted in its entirety and the relevant policies, maps, and figures applied to each situation. All of the relevant policies, maps, and figures are to be crossreferenced with each other whether this cross-referencing is stated in the Plan or not. Efforts have been made to differentiate between policy statements versus land use policy direction, with the former providing overall guidance and the latter being applicable to all applications for development. a)
It is intended that the boundaries of the land use designations shown on Map A be considered as approximate except where bounded by major roads, railways, waterbodies, or other geographical features. Therefore, amendments to this Plan will not be required in order to make minor adjustments to the land use boundaries and roads provided the general intent of the policies of this Plan is preserved.
b)
Where lists of permitted uses are provided in designations and policies, such lists reflect the possible range of compatible uses to be considered. These lists have intentionally been generalized, unless otherwise specified in this Plan, leaving a more detailed listing of permitted uses to be determined by the implementing bylaw. Accordingly, more specific uses not shown in such lists, but considered by the Township to be similar in nature to the listed uses of this Plan, may be appropriately accommodated within the subject designation through the implementing by-law without the need for an Official Plan Amendment, provided they maintain the intent of this Plan.
c)
It is intended that all numerical figures and quantities contained in the Plan be considered in the metric form. Amendments will not be required for any reasonable variation from these figures and quantities provided such variations meet the intent of this Plan and are reflected in the implementing by-law.
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d)
Any significant change from the policies contained herein will require an amendment to the Official Plan and implementing by-law. If a change is major, particularly if it will cause changes in the way in which an area is developing, then the Official Plan should be reviewed in whole.
e)
Where any Act or portion of an Act is referred to in this Plan, such references will be interpreted to include any subsequent legislation that may replace the specified Act and guidelines, and guidance documents.
f)
This Plan utilizes words or terms defined in the 2024 Provincial Planning Statement as well as other definitions. These definitions shall apply in the interpretation of the policies of this Plan and their application to development proposals and planning applications. Where any doubt exists with respect to the intended meaning of any word or phrase used in this Plan, the 2024 Provincial Planning Statement, or any subsequent Provincial Planning Statement issued under Section 3 of the Planning Act, shall be used as a guide to interpretation.
g)
It is intended that buildings, structures and uses that are normally incidental and accessory to a permitted use listed in this Plan will also be allowed even though not specifically stated in the land use policies. Examples of permitted uses for the designations are intended to indicate the possible range of uses considered appropriate and not to be interpreted as a finite list unless otherwise stated. All permitted uses in the implementing by-law shall be in conformity with the intent and policies of this Plan.
1.4 Transition Policies The following transition policies shall apply to applications made under the 2003 Township of South Frontenac Official Plan: a)
b)
The 2003 Township of South Frontenac Official Plan, as amended, will apply to decisions on Planning Act applications submitted and deemed complete prior to County approval of this Plan. Any Official Plan Amendments to the 2003 Official Plan that have cleared appeals prior to County approval of this Plan will be incorporated into this Plan by the Township.
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1.5 What We Value: Our Vision, Goals, and Guiding Principles Collectively, Council, Township staff, and members of the community developed a set of values on which this Plan is built. These values inform the Plan’s Vision, Goals, and Guiding Principles. Together, these serve as a reminder of what the Township strives to become and how we plan to progress towards a future that serves existing and future residents.
1.5.1
Vision for the Official Plan
The vision for the South Frontenac Official Plan was developed through extensive consultation and is intended to guide the land use policies and decision-making processes set out in this Plan. The vision statement is set out below:
South Frontenac is a progressive, forward-looking municipality that balances facilitating growth that meets the needs of all our residents with environmental leadership in the protection of our outstanding natural assets to enhance the exceptional lifestyle, rural character, and economic opportunities offered by the Township.
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1.5.2
Goals for the Official Plan
The vision for the Official Plan is supported by the goals established by Council at the onset of the development of the Plan. Together, the vision and goals of the Plan will work to ensure that the Township is environmentally and economically vibrant, supportive of residents of all ages, and preserves the rural character of the Township. The four goals for the Plan are as follows: •
Goal 1: We support our villages to meet the daily needs of our residents through all stages of their lives.
•
Goal 2: We are leaders in the protection of our environmental areas and lakes to support the quality of life in South Frontenac.
•
Goal 3: We support a wide range and scale of businesses that contribute to the vitality of our community and enhance investment in villages and rural areas of the Township.
•
Goal 4: We support the enhancement of the rural character through the way we manage growth, support rural land uses, and by recognizing the cultural heritage of the Township.
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1.5.3
Guiding Principles
The following five guiding principles have been established to ensure the development and implementation of the plan is inclusive, equitable, and accessible to the public:
Guiding Principle 1 • Be open-minded in consideration of potential solutions which may meet the unique needs of the community Guiding Principle 2 • Adopt a sustainability lens, which considers the social, environmental, and economic impacts of decisions. Guiding Principle 3 • Consider the impacts of climate change on the future of our community and do our part to mitigate, adapt, and increase our resilience to those impacts. Guiding Principle 4 • Work with, understand, and integrate First Nations’ interests in the future of South Frontenac. Guiding Principle 5 • Be equitable and transparent, inviting input from community members frequently and in meaningful ways.
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1.6 Building Relationships with Indigenous Communities South Frontenac is committed to continue fostering a strong partnership with Aboriginal Rights Holders to better reflect their values and knowledge of the South Frontenac landscape as a means to guide and inform its planning and development, which includes the use and disposition of unceded land (lands formerly known as Crown land that was held by the Federal or Provincial governments) within the Township.
1.6.1
Historical Background
The Township of South Frontenac sits within the traditional territories of the Algonquin, Anishinaabe, and Haudenosaunee Peoples and is closely connected by waterways to the territory of the Mohawks of the Bay of Quinte. These shared lands provided the required sustenance for survival and were where these nations would hunt, fish, live and gather for many centuries before the arrival of Europeans. While these nations are very different in customary ways, they were often able to come together in a nation-tonation relationship based on mutual trust and respect to steward these lands and maintain healthy ecosystems for generations to come. While the Township recognizes the Algonquin, Anishinaabe, and Haudenosaunee nations as sovereign nations that play a key role in land-use decisions that impact their Aboriginal Rights and interests, we also recognize the importance of building relationships with neighboring First Nations in order to move towards a more sustainable and equitable future. Our future includes a strong relationship, where we work together to protect our environmental areas, waters and lakes, and where neighboring nations are able to be self-determined within their traditional territory. With this in mind, the Township aimed to consult with surrounding First Nations communities and Métis Nation of Ontario to include their planning perspectives with the Official Plan update. Our approach was to learn first-hand, the rights, interests, challenges and opportunities of First Nations and Metis communities, while also formulating an understanding of how they wish to experience these within their traditional territories. Our outreach included Algonquins of Ontario, Mohawks of the Bay
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of Quinte, Alderville First Nation, and Metis Nation of Ontario. We believe that early engagement is key in providing Indigenous communities with the opportunity to share their history, values, planning perspectives, and rights and interests in their traditional territory. This approach has enabled the Township to gain a better understanding of the impacts that development decisions have on Aboriginal rights and interests, and the commitment required to better work together for a sustainable future.
1.6.2
Rights and Interests
This Plan acknowledges that Aboriginal and treaty rights are recognized and affirmed in Section 35(1) of the Constitution Act 1982 and are also the foundation to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which the Federal and Provincial governments are still working to implement. The Township of South Frontenac understands that respecting Aboriginal and Treaty rights are a way of living together and to support the right to self-determination and Free, Prior and Informed Consent (FPIC) in section 32.2 of UNDRIP. As such, this Plan will respond to our role in the Truth and Reconciliation Calls to Action and will seek opportunities to support the health, wellness, self-determination, and safety of Indigenous Peoples in matters that affect Aboriginal rights and interests within the boundaries of the Township of South Frontenac. The Township will engage with Aboriginal rights holders with regard to land use planning affecting any of the following matters within the land claim area (see Section 8.1 “Engaging with Aboriginal Interests” and Appendix B): •
Protection of water quality and utilization of lakes and rivers;
•
Any development that would have an impact on navigable waterways and their waterbeds;
•
Any archaeological studies and/or environmental impact study related to proposed development where areas of Algonquin interest have been identified; and/or,
•
Indigenous women and girls’ safety and protection.
This Plan will further seek to support the following in regard to relationship building with Aboriginal and Treaty rights holders: •
Economic reconciliation by engaging on opportunities that may be of interest to First Nation communities;
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•
Capacity building and participation in land use decision making processes; and,
•
Indigenous connection to the land.
1.6.2.1 Algonquin Rights and Interests This Plan recognizes that lands within the boundaries of the Township lie within the historic Algonquin Territory that is part of the Treaty Negotiations with the Federal and Provincial governments. An Agreement-in-Principle (AIP) was signed by the Federal and Provincial governments and the Algonquin Nation in October 2016. As such, this Plan will respond to direction from the Federal and Provincial governments and the Algonquins towards the implementation of the AIP. The Township will seek opportunities for mutually beneficial engagement with the Algonquins on matters that affect Aboriginal history and culture. The Algonquins of Ontario shared the following statements and positions: •
Partnership Approach: The Algonquins of Ontario support the Township’s intent to develop a partnership approach with First Nations and Indigenous Communities including the use of Crown land within the Township.
•
Stewardship: The Algonquins of Ontario support the Township efforts to preserve and provide for wise stewardship of plants, animals, and ecological systems.
•
Economic Development: The Algonquins of Ontario support the intention of the Township to coordinate economic development planning and projects with First Nation Communities and will participate fully in the development of protocols for consultation on these matters.
•
Forestry: The Algonquins of Ontario recognize the importance of the forest resources in the Township and share the intent to support forest stewardship techniques.
•
Waterfront: The Algonquins of Ontario agree that any new development must be considered in the light of its impact on the environmental quality of any lake or river, and support a cautious approach to development.
•
Water: Water in all its forms is considered by the Algonquins to be the lifeblood of Mother Earth.
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•
Natural Features: The Algonquins of Ontario support the provisions of this Plan with regard to the protection of wetlands, wildlife habitat, fish habitat, and endangered and threatened species.
•
Trails: The Algonquins of Ontario support the development of a recreational trail system throughout the Township.
1.6.2.2 Mohawks of the Bay of Quinte Rights and Interests The Mohawks of the Bay of Quinte (Tyendinaga Mohawk Territory) maintain an allied relationship to the British Crown. As part of their role in the American Revolution, the Mohawks of the Bay of Quinte negotiated treaty 3.5 of the Simcoe Deed for 92,700 acres on the Bay of Quinte. These lands were chosen because it is the birthplace of Peacemaker and has significant meaning to the Mohawks. Today, less than 19,000 acres remain for the future growth and development of the Mohawks of the Bay of Quinte. This Plan recognizes the shared water tributaries within the boundaries of the Township extend into the Bay of Quinte and into Lake Ontario that are the traditional territory of the Mohawks of the Bay of Quinte (Tyendinaga Mohawk Territory). The Township shall commit to maintaining clean water practices so as to not impact the Bay of Quinte and Lake Ontario. The Mohawks of the Bay of Quinte shared the following statements and positions: •
Protection of Aboriginal and Treaty Rights, environment, culture and future generations: The Mohawks of the Bay of Quinte recognize that land use planning and development decisions that happen upstream can have an impact on environment, culture and hunting, fishing and gathering rights that take place downstream.
•
Health of the environment: The Mohawks of the Bay of Quinte support the Township in promoting the health of wildlife, aquatic life, plant life, and water quality and quantity.
•
Safety of Indigenous Peoples: The Mohawks of the Bay of Quinte recognize that there is a need to increase development in the area in order to accommodate growth but require the safety of Indigenous Peoples as it pertains
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to Missing and Murdered Indigenous Women and LGBTQ2S community remain a priority. •
Archeology: The Mohawks of the Bay of Quinte support the attempt of the Township to build strong policies and better capacity to better support participation in archeological processes.
•
Early Notification: The Mohawks of the Bay of Quinte support the approach of the Township to provide early notification of engagement and consultation on matters that may impact their Aboriginal and Treaty rights.
1.6.3
Relationship Building and Accommodating Needs
The Township acknowledges that we are part of a larger watershed and that there are implications from projects that may impact water resources, fisheries, natural heritage lands and way of life downstream. Therefore, the Township shall continue to commit to ongoing relationship building efforts and develop approaches to accommodate the needs of First Nations communities to better facilitate meaningful participation and reinforce the interconnected relationships from a values-based perspective. The Township will focus efforts and resources in collaboration with First Nations communities that will support the following: •
Communication: The Township understands that communication is key to building any relationship and is committed to working together with First Nations communities to formulate new ways of bringing governing bodies together to better navigate interest areas, involvement in projects and decision-making. The development of a two-way communication process is required to build respectful and understanding relationships.
•
Partnership: The Township will encourage a council-to-council relationship to better chart a path forward that is based on mutual trust and respect. The Township will seek to restructure current committees and processes to better accommodate Indigenous planning perspectives and decision-making processes as they relate to the land.
•
Education and Awareness: The Township will continue to build staff and governance capacity and knowledge of Indigenous rights and issues as it
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pertains to land use planning approaches and how they are reflected in policy practices. •
Indigenous Capacity Building: The Township acknowledges the challenges that First Nations communities face with limited capacity and resources. As such, the Township is committed to supporting First Nations communities to better participate in archeological and environmental monitoring activities, consultation processes, and partnership involvement.
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2 Growth and Prosperity This section establishes policies to guide the orderly development of the Township to achieve healthy, liveable and safe communities, where people can live, work, shop and access services conveniently nearby.
2.1 How We Will Grow The intent of the policies in this section is to guide where future development will occur within the Township, and to guide the expansion and development of the Township’s infrastructure needs in a way that is environmentally and economically sustainable. Consideration of servicing options beyond private individual on-site sewage and water services, such as communal sewage and water services, provides an opportunity for the Township to support population and employment targets. In terms of land use structure, the Township consists of Rural Lands, Prime Agricultural Areas, Employment Areas, Settlement Areas, and Environmental Protection Areas. The land use structure is identified on Map A. Map B delineates the Settlement Area boundaries and identifies designated Employment Areas. The permanent population in the Township of South Frontenac is anticipated to reach approximately 22,160 by mid-2034 and by 23,280 mid-2039 resulting in an increase of approximately 1,500 and 2,620 persons, respectively. In addition to this growth, it is forecast the Township’s seasonal population will grow to approximately 11,200 by mid2034 and 11,400 by mid-2039, resulting in an increase of 440 and 650 persons, respectively. In total, the combined permanent and seasonal population in the Township is expected to reach approximately 34,700 by mid-2039. Total employment for the Township (excluding remote work such as work at home) is anticipated to reach approximately 1,620 jobs by mid-2034 and 1,730 by mid-2039. This represents an employment increase of 150 jobs for the 10-year forecast period and 260 jobs for the longer-term forecast period. A substantial percentage of jobs are expected to be home-based businesses, including home industries and home occupations.
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More information on the forecasted population and employment changes can be found in the 2024 Development Charges Background Study – Township of South Frontenac (Watson & Associates, May 16, 2024). a)
A majority of the new growth will be directed to existing Settlement Areas where it can be supported by appropriate services, in particular where communal sewage and water services could support compact development and healthy, liveable and safe communities.
b)
Settlement Areas shall be the focus areas for growth, forecasted to accommodate approximately 75% of employment growth and approximately 50% of residential growth.
c)
The southern portion of the Township, particularly in and around the Settlement Areas and north-south arterial roads, faces development pressures due to its proximity to Kingston, Highway 401, and employment opportunities. Future Secondary Planning Areas on Map H identify where further study is needed to confirm that these areas can accommodate anticipated future growth that fulfills the vision and goals of this Plan.
d)
Policies related to Future Secondary Plan Areas can be found in Section 10.
e)
The Rural Lands is forecast to accommodate approximately 20% of the Township’s employment growth and 46% of the Township’s permanent and seasonal population growth.
f)
Development in Settlement Areas should be pedestrian-oriented, conducive to cycling and other forms of active transportation, and connected to a network of active transportation options.
g)
Highway commercial uses that meet the needs of the travelling public, as well as employment uses, should be directed toward Settlement Areas and Future Secondary Planning Areas that are located along arterial roads.
h)
Development shall consider storm water management, environmental impact, and compatibility with surrounding uses.
i)
The upgrading and provision of internet connectivity in the community will be promoted to support growth and development.
j)
Prime Agricultural Areas and Rural Lands on Map A will generally be conserved to support value added agricultural production.
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k)
Residential and non-residential development outside of the Settlement Areas may be permitted, in accordance with this Plan.
2.2 Where We Live The intent of the policies in this section is to guide residential areas and housing options in the Township. The Township recognizes the importance of having a full range of housing options for residents, as the availability of diverse housing options is essential to the welfare of the community. a)
The Township supports the development of housing that serves the needs of all residents.
b)
The Township will ensure there is an adequate supply of land for residential development to meet the growth projections in the Official Plan.
c)
A variety of housing options shall be provided to meet the needs of present and future residents, subject to the limitations imposed by servicing and environmental considerations.
d)
The Township supports the provision of a range and mix of housing options, beyond the traditional single-detached dwelling, to meet a range of affordability and lifecycle needs through the policy framework and the implementing by-law. For example, boarding houses, congregate living facilities, townhomes, apartment buildings, and additional residential units.
e)
The Township will encourage a portion of new residential development, including rental housing, to be affordable.
f)
The Township supports opportunities for the development of housing that is affordable for low- and moderate-income households and is committed to the continued progress toward contributing to the achievement of the County’s overall target of 35% of all new housing units to be affordable to low and moderate income households. Accordingly, when evaluating proposals, the Township will require applicants to demonstrate how their proposal contributes to the achievement of this target as part of a development application where more than 6 residential units are proposed.
g)
The Township recognizes that access to affordable housing is a human right and provisions for affordable housing in the market are an investment that benefits the
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greater community. The Township of South Frontenac will not support discrimination and intolerance against proponents or occupants of affordable housing proposals. h)
The Township will adapt its infrastructure and service delivery to support the development of age-friendly communities that promote active aging and a high quality of life among residents at all stages of life.
i)
The Township recognizes the importance of and the need for additional needs housing such as long-term care homes, supportive housing establishments, hospices, group homes, and dementia villages, by permitting these uses in residential designated and zoned lands, where appropriate, and in locations with existing or planned infrastructure, amenities and support services.
j)
The implementing by-law will permit a variety of housing options and establish standards related to residential units, such as setbacks, density, and building and lot requirements.
k)
Residential developments that offer innovative design features (e.g. flex housing), construction techniques (e.g. modular homes), or tenure arrangements (e.g. cohousing), which are consistent with the objectives of the Plan, and which broaden the range of housing alternatives available to the Township’s residents, including affordable housing, shall be encouraged.
2.3 Where We Work The intent of the policies in this section is to support the economic growth of the Township to enhance and protect the Township’s long term fiscal position through increased non-residential tax assessment by attracting new employment opportunities. a)
The Township supports employment growth in all sectors of the economy.
b)
The Township may prepare an Employment Lands Strategy to ensure an adequate supply of designated, serviced, and marketable land to support current and future employment growth, attract businesses, and maintain economic competitiveness.
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c)
The Township will maintain a minimum five-year supply of lands designated Employment Areas with a range of parcel configuration, zoning, and location to accommodate a variety of employment types.
d)
The Township supports the clustering of light industrial and commercial uses within Settlement Areas and locally appropriate rural areas to capitalize on investments in new infrastructure (e.g., internet access and road networks) and sewage and water services.
e)
The Township recognizes the value of home-based businesses, including home occupations and home industries to the economic prosperity of the community and will provide support and guidance for them through appropriate policy and by-laws.
f)
On lands designated Prime Agricultural Area and Rural Land, the Township promotes diversification of the economic base and employment opportunities through goods and services, including value-added products, agri-tourism uses, agriculture-related uses, and on-farm diversified uses.
g)
The Township values the role that mineral aggregate resources play in local economic activity and encourages their sustainable development (i.e., site rehabilitation when the resource is depleted) and mitigation of impacts from noise, vibration, dust, and traffic. The Township will work with the County and the local business community to support and strengthen economic clusters by connecting with employers and establishing and strengthening partnerships in the business community.
2.4 Where We Play The intent of the policies in this section is to support recreation and tourism. This Plan provides policies to ensure the Township’s recreational features and functions are protected so that they can continue to be enjoyed by residents and guests. The Official Plan maps show the many lakes and waterbodies that provide recreational opportunities for Township residents and visitors. The Rideau Canal National Historic Site and World Heritage Site is shown on the map in Appendix C. The Frontenac Arch Biosphere Region, Frontenac Provincial Park, municipal parks, conservation areas, the K&P Trail, the Cataraqui Trail, boat launches, and water access points are shown on the map in Appendix D.
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Council shall seek to foster the growth of the Township as a recreational and vacation hub for the mutual benefit of both residents and visitors to the area. In particular, Council shall endeavour to do the following: a) Continue to recognize the link of the natural environment to the tourism economy, emphasizing the need to protect natural areas, features, and functions as a means to ensure the tourism sector remains viable; b) Ensure the preservation, promotion, and revitalization of cultural heritage as a tourism resource; c) Promote the maintenance, expansion, and upgrade of existing tourist destinationoriented uses and encourage the establishment of additional high-quality attractions, facilities, accommodations, services, events, and other tourism supportive uses; d) Encourage the development of year-round tourism opportunities; e) Encourage and work with government bodies, boards, commissions, committees, business organizations, private investors, and non-profit groups and associations with an interest in tourism in South Frontenac, to expand, and market the Township as a vacation and recreation destination. f) Encourage and support the development of linkages for all modes of transportation, including walking, cycling, and passive boating, between recreational trails, settlement areas, community gardens, grocery stores, local markets, tourist attractions, points of interest and areas of scenic or environmental interest, both within and outside the Township; g) Support tourism, recreational, heritage, community improvement and economic development studies and programs; h) Encourage tourism initiatives such as seasonal festivals and sporting and cultural events that build upon the history of the area; i) Encourage local businesses to form business to business networks; j) Recognize that tourism and recreational interests, particularly when oriented to enjoyment of open space and natural resource areas, may be enhanced through local and regional collaboration.
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k) The Township will co-ordinate and partner with neighbouring municipalities and other levels of government to protect the function and long-term development potential of regional open space and travel networks, such as the K&P Trail, the Cataraqui Trail, the Rideau Canal, and the Rideau Heritage Route. l) The Township supports efforts to conserve the biodiversity of the Frontenac Arch Biosphere Region and will work to guide development in such a way that the ecological features and functions for which the area is recognized are protected and enhanced. m) The Township will work with partner agencies such as Conservation Authorities, Kingston Frontenac Lennox and Addington Land Trust, Nature Conservancy of Canada, Queen’s University, and other similar agencies to support the acquisition of lands for conservation and public education purposes. n) The Township recognizes that Frontenac Provincial Park conservation reserves and other protected areas attract visitors from all over Ontario and internationally to enjoy the ecological diversity, wilderness and scenic lakes and Canadian Shield that provide an amazing quality of life in South Frontenac. The Township will ensure development minimizes negative impacts on these areas. o) The Township shall support the long-term implementation of the Recreation, Parks and Leisure Master Plan by ensuring adequate parkland, recreational facilities and amenities are provided with new developments, particularly in and near Settlement Areas, and that any new parks are connected by pedestrian trails or pathways to existing parks, trails and amenities. p) The Township will continue to maintain and enhance public access to waterfronts and provide opportunities for public recreation. q) The Township supports access to, and enhancement of, boat launches as a means of both public recreation and as a contributor to local economic activity. r) The Township shall seek opportunities to acquire parkland through dedication and enhance parkland through cash-in-lieu of parkland as conditions of development. s) The Township supports the development and maintenance of trails (e.g., K&P, Rideau and Cataraqui Trails), parks, and open spaces.
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2.5 Age-Inclusive Planning The Township will apply an age-inclusive perspective in planning to ensure a high quality of life for persons of all ages and abilities. The Township recognizes the need to support active aging for all residents by promoting the development of healthy, liveable and safe communities that encourage and support people to age in place. In support of age-inclusive planning, the Township will: a) Promote the development of communities featuring a range of affordable and barrier-free accessible housing options that are well integrated with transportation options and community amenities and services. b) Support development of a well-connected network of active transportation facilities to increase the range of healthy and accessible transportation and recreation options available to persons of all ages and abilities. c) Promote the use of universal design features in housing and accessibility features in the built environment to create safe, inclusive, and barrier-free spaces that enhance the mobility and independence of persons of all ages and abilities. d) Work collaboratively with the County of Frontenac in implementing the regional Age Friendly Planning Study (2017) to create walkable communities with good access to community services, amenities, and green spaces to promote healthy, independent, and active aging. e) Identify areas using Community Improvement Plans to encourage improvements in the built environment and/or supporting services to encourage universal accessibility. f) Apply an age-inclusive planning lens when considering both public and private development applications.
2.6 Climate Change In South Frontenac, climate change is predicted to be characterized by more frequent and severe wet weather events, flooding, tornadoes; higher air temperatures; warmer
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water temperatures; stronger winds; more surface runoff; more evaporation and less infiltration. Climate change can impact: •
our sources of drinking water,
•
our economy,
•
our natural environment,
•
our public infrastructure, and
•
public health.
The Township needs to respond to climate change impacts to reduce economic costs and potential environmental, social and health risks through actions that: •
Mitigate climate change such as actions that reduce greenhouse gas emissions that cause climate change.
•
Adapt to climate change such as actions that prepare for changes occurring, or are likely to occur, in the future.
Policies within this Plan provide a foundation toward addressing climate change and realizing the ecological benefits provided by nature. a) The Township will support development and management practices which
address climate change mitigation, including, but not limited to: i) ii) iii) iv) v) vi)
Improving opportunities for active transportation and reducing dependency on motor-vehicle transportation; Seeking opportunities for partnering with neighbouring municipalities to extend public transit options into the Township; Reducing the quantity and improving quality of stormwater runoff; Increasing the proportion of permeable surfaces to reduce flood risk; Flood plain protection including factors of safety and/or lower flood frequency thresholds; Promoting appropriate forms of mixed-use development to provide employment and shopping opportunities close to residences;
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vii) Encouraging servicing options that can facilitate more compact and contiguous development within Settlement Areas, including infilling and redevelopment, in appropriate locations; viii) Encouraging the application of energy conservation measures in the rehabilitation and upgrading of existing buildings; ix) Actively protecting the quality and quantity of local water resources through development practices that contribute to natural system resilience and facilitate restoration; x) Actively protecting natural heritage features and functions, as well as preserving and enhancing fish and wildlife habitat; xi) Encouraging community agriculture, such as community gardens; and, xii) Managing forest resources and trees in a manner that enhances their quality, quantity, and sustainability over time. b) Development should include building and design features that can mitigate
and/or adapt to climate change such as the following: i)
Protection of natural heritage features and areas, shoreline and riparian buffers, and preservation of trees particularly in Settlement Areas, rural subdivisions, and waterfront areas; ii) Tree preservation, tree planting, landscaping, and innovative green spaces to reduce energy use through shading and sheltering to protect buildings and infrastructure from the effects of excessive wind and sun; iii) Greater use of permeable surfaces for areas such as parking lots and sidewalks; iv) Development of multi-use paths to promote active transportation and pedestrian access systems to reduce overall vehicular movements; v) Use of street, lot and building orientation with optimum exposures to maximize passive solar energy gain and minimize heat loss; vi) Incorporation of energy conserving principles into building design; vii) Installation of electric vehicle charging stations where appropriate; viii) Installation of water conservation fixtures in new development, including supporting recycling and the reuse of grey water in accordance with the provisions of the Ontario Building Code; and ix) Implementation of energy efficient building practices.
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c) The Township will seek to develop and implement a Climate Change Action Plan
with climate change mitigation and adaption strategies specific to operations, assets, and infrastructure. A plan should include the undertaking of energy conservation measures, including the use of energy efficient building materials, designs, and appliances in municipal buildings and facilities to reduce energy consumption and greenhouse gas emissions.
3 General Land Use Policies The policies in this section apply to all development in the Township, where they are relevant, in addition to the policies for specific land use designations.
3.1 General a)
Development shall be compatible with the existing surroundings and shall include mitigation measures to address any adverse effects or negative impacts of the development.
b)
Buildings, facilities, and infrastructure are encouraged to be developed using sustainable methods and materials.
c)
Climate change impacts should be considered in the design and construction of development, the creation or expansion of infrastructure, and the planning of improvements and enhancements to public spaces.
d)
Development will be encouraged to be built to exceed the minimum standards for sustainability and energy efficiency.
e)
All development shall consider the issues of stormwater management/lot grading and drainage, environmental impact, and compatibility with surrounding uses. The scale of development will dictate the level of detail required for technical studies, drawings, etc.
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f)
Low-impact development approaches to storm water management shall be encouraged. These approaches seek to manage rain and other precipitation as close as possible to where it falls and encourages infiltration of surface water into the ground to recharge groundwater aquifers in order to mitigate the impacts of increased runoff and storm water pollution.
g)
Protection and enhancement of tree coverage and vegetation will be promoted for all development. The maintenance of as much as possible of the natural vegetation between the development and any waterbody, other land use, as well as any existing public roads/private roads, will be required. Developers shall be required to remove as little of the vegetation as possible for the roads, building sites and servicing facilities, and specific provisions relating to protection of vegetation may be incorporated into subdivision, condominium, site plan, and development agreements.
h)
Transportation impacts will be scoped and assessed for all development including issues of traffic generation, vehicular and pedestrian movement, access, and parking.
i)
Environmental remediation of brownfield sites will be encouraged so that they can be redeveloped.
j)
New development is encouraged to incorporate universal design beyond the minimum requirements of the Accessibility for Ontarians with Disabilities Act and the Ontario Building Code. The Township shall consider accessibility as part of Age-Inclusive community planning.
3.2 Additional Residential Units a) Additional residential units, also known as accessory apartments, basement apartments, and in-law suites, are encouraged as a means of providing affordable and diverse housing options in the Township. b) A maximum of two additional residential units are permitted on lands where a single detached dwelling, semi-detached dwelling, or townhouse is the principal use permitted in the Prime Agricultural Area, Settlement Area and Rural Land designations on Map A, provided that:
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i.
The additional residential unit is not located in a flood plain or other hazard lands;
ii.
The lot has direct access from a year-round maintained publicly owned road, or a private road within an approved plan of condominium, or a private road that has been constructed to Township standards and that is maintained year-round. For a private road, the Township will require documentation demonstrating that year-round maintenance is provided;
iii.
It is demonstrated the lot is sized such that all dwelling units are able to be serviced for water and sewage by the type of servicing (individual on-site, private communal or municipal) available in the area, to the satisfaction of the Township;
iv.
No more than one additional residential unit is in a detached accessory structure to the principal dwelling;
v.
The additional residential unit is designed and located in such a manner to complement the residential character of the property and of the surrounding neighbourhood;
vi.
The additional residential unit complies with the Minimum Distance Separation Formulae;
vii.
A detached additional residential unit is located in proximity to the principal dwelling to minimize the development footprint on the property and to support shared road access, waste collection, water and sewage services, and hydro connections;
viii.
A garden suite does not exist on the same lot in the case of a detached additional residential unit;
ix.
Parking for the additional residential unit is provided in accordance with the provisions of the implementing by-law; and
x.
The additional residential unit is addressed in accordance with the Township’s civic addressing by-law.
c) In addition to (b), a detached additional residential unit in the Prime Agricultural Area designation shall: i.
be compatible with, and not hinder, surrounding agricultural operations;
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ii.
be of limited scale and be located in close proximity to the principal dwelling or farm building cluster; and
iii.
Minimize land taken out of agricultural production.
d) Additional residential units are not generally permitted in Waterfront Areas to protect sensitive waterfront areas and lake ecosystems from intensified use and from nutrient loading from sewage systems. e) The implementing by-law will control the location of additional residential units relative to waterbodies, and control additional residential units based on servicing constraints related to water and sewage. The implementing by-law will also establish appropriate provisions and standards.
3.3 Garden Suites Garden suites are a temporary housing option. A garden suite is not an additional residential unit. The Planning Act enables the Township to enact a temporary use bylaw to permit a garden suite for an initial period of up to 20 years, with subsequent 3year renewals as necessary. a.
A maximum of one garden suite is permitted on lands where a single detached dwelling or semi-detached dwelling is the principal use permitted in the Prime Agricultural Area, Settlement Area and Rural Land designations on Map A, provided that: i.
The garden suite is permitted as a temporary use subject to a site-specific Zoning By-law amendment under Section 39.1 of the Planning Act;
ii.
The garden suite is not located within 150 metres of the highwater mark of a lake or river, or 300 metres in the case of an at-capacity lake trout lake, to protect sensitive waterfront areas and lake ecosystems from intensified use and from nutrient loading from sewage systems;
iii.
The garden suite is not located in a flood plain or other hazard lands;
iv.
The lot has direct access from a year-round maintained publicly owned road, or a private road within an approved plan of condominium, or a private road that has been constructed to Township standards and that is maintained year-round. For a private road, the Township will require documentation demonstrating that year-round maintenance is provided;
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v.
It is demonstrated that the lot is sized such that all dwelling units are able to be serviced for water and sewage by the type of servicing (individual onsite, private communal, or municipal) available in the area, to the satisfaction of the Township;
vi.
A detached additional residential unit does not exist on the same lot;
vii.
The garden suite is located in such a manner to complement the residential character of the property and of the surrounding neighbourhood;
viii.
The garden suite is located in proximity to the principal dwelling to minimize the development footprint on the property and to support shared road access, waste collection, water and sewage services, and hydro connections;
ix.
Parking for the garden suite is provided in accordance with the provisions of the implementing by-law; and
x.
The garden suite is addressed in accordance with the Township’s civic addressing by-law.
b) In accordance with Planning Act requirements for garden suites, Council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the Council considers necessary or advisable, including: i.
The installation, maintenance, and removal of the garden suite;
ii.
The period of occupancy of the garden suite by any of the persons named in the agreement; and,
iii.
The monetary or other form of security the Council may require for actual or potential costs to the municipality related to the garden suite.
3.4 Group Homes
Council recognizes the varied needs of individuals that can be met by group homes. Group homes are generally defined as a premise used to provide supervised living accommodation, licensed or funded under Province of Ontario or Government of Canada legislation, for up to ten persons, exclusive of staff, living together in a single housekeeping unit because they require a supervised group living arrangement.
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Accordingly, group homes shall be permitted in all land use designations that permit residential uses in the municipality, in accordance with the following policies: a) Group homes shall only be permitted on lands which have direct access from a year-round maintained publicly owned road, or private road within an approved plan of condominium or a private road that has been constructed to Township standards and that is maintained year-round. For a private road, the Township will require documentation demonstrating how year-round maintenance is provided. b) A group home shall be in compliance with Municipal By-laws. The Township may establish a process to licence group homes under the Municipal Act.
3.5 Home-Based Businesses Changing patterns of employment in recent years, together with improvements in rural cellular/broadband technology, mean people often can work and operate a business within the same building as their home. Home-based businesses play an important function in the provision of local employment opportunities for Township residents. These businesses also provide goods and services to local and regional markets. Home-based businesses are legal privately-operated businesses within a residential dwelling or an accessory building. They allow for people to work from home and therefore can be considered a sustainable form of development. These businesses can serve as one of the key components of a healthy rural economy. Home-based businesses are a means of providing local services, providing an incubator for new businesses, and providing more specialized services to a broader clientele. A range of home-based businesses may be permitted accessory to residential uses throughout the Township subject to the following policies: a)
Home occupations are permitted within the Settlement Area, Prime Agricultural Area and Rural Land designations of this Plan.
b)
Home occupations will be permitted as an accessory use in conjunction with residential development, provided they do not create a public nuisance and are compatible with surrounding uses.
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c)
Bed and breakfast establishments are encouraged as a form of tourist/traveller accommodation within private homes.
d)
The implementing by-law shall establish appropriate provisions and standards for home occupations.
e)
Home industries provide opportunities for the development of new business and small scale industrial and commercial uses. Home industries (e.g., woodworking, small-scale manufacturing, repair, and restoration) may be permitted in the Prime Agricultural Area, Rural Land and Settlement Area designations of this Plan in accordance with the following: i)
The use does not change the residential character of the dwelling or outside appearance of the dwelling or accessory building, and the outside storage of goods shall be prohibited;
ii)
They are not offensive or create a nuisance as a result of noise, hours of operations, dust, odour, traffic generation or by other means;
iii)
The implementing by-law shall establish appropriate provisions and standards for home industries.
3.6 Compatibility and Built Form The Township contains many different types of land uses. Land use designations and the implementing by-law help to ensure compatible uses are co-located and incompatible uses are appropriately separated. Introducing new development in existing areas, in particular through intensification, requires a sensitive approach and consideration of the area’s established uses and character. Compatible development, although it may be different than existing development, is complementary or enhances an established community or area and coexists with existing development without causing undue adverse effects on surrounding properties. a)
Development shall be compatible with surrounding uses, built form, the general character of the area, and the ecological integrity of an area, and shall avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects of the development.
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b)
Compatibility of new development will be evaluated based on the following criteria: i)
Height and massing: Building height, massing, and scale should be assessed based on the planned or existing uses of adjacent properties, as well as the character established by the prevailing pattern of abutting development and development that is across the street;
ii)
Landscaping and fencing: Landscaping and fencing may be required as a buffer between uses and shall be of a sufficient depth as determined through the implementing by-law;
iii)
Lighting: The potential for light spill over or glare onto adjacent light sensitive areas or the night sky must be minimized;
iv)
Noise and air quality: The development should be located and designed to minimize the potential for significant adverse effects on adjacent sensitive uses related to noise, odours, and other emissions;
v)
Parking: Adequate off-street parking must be provided in accordance with the provisions of the implementing by-law, with minimal impact on adjacent uses. For higher density development within Settlement Areas, the Township may consider permitting reduced standards for off-street parking, or allowing offsite parking, where accommodation of off-street parking is not possible;
vi)
Setbacks: Prevailing patterns of front, rear and side yard setbacks, building separation, landscaped open spaces, and outdoor amenity areas as established by existing zoning will be considered where the proposed pattern is different from the existing pattern of development;
vii)
Shadowing: Shadowing on adjacent properties must be minimized, particularly on outdoor amenity areas;
viii) Traffic impacts: The road network or waterbody in the vicinity of the proposed development can accommodate the vehicular or boat traffic generated; ix)
Transition: An appropriate transition must be provided between areas of different development intensity and scale, including through the use of incremental changes in building height, massing, setbacks and stepbacks; and,
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x)
Vehicular access: The location and orientation of vehicle access must take into account the impact on adjacent properties including noise, glare, and loss of privacy, as well as safety of pedestrians and pedestrian access.
c)
A land use compatibility study, focused specifically on the identified land use compatibility matters, will be required where there exists a potential for adverse effects.
d)
Noise/vibration studies using Provincial guidelines may be required for applications for development of a sensitive land use within 100 metres of a controlled access arterial road (Road 38) and within 300 metres of a railway.
e)
Noise and/or vibration studies using Provincial guidelines may be required where sensitive development is proposed within the influence area of a stationary noise source such as an industrial use, aggregate operation, electrical generating stations, and hydro transformers.
f)
Noise/vibration studies using Provincial guidelines will be required for applications for the establishment or expansion of a use which generates significant noise and vibration proposed near sensitive land uses.
g)
The extent of influence areas and minimum separation distances will be determined on a case specific basis in accordance with Provincial guidelines such as the D-Series Guidelines, and minimum separation distances shall be established in the implementing by-law.
h)
Such studies shall be prepared by a qualified professional in accordance with Provincial and other applicable guidelines. The study shall address all sources of noise and vibration affecting the site, and include recommendations for mitigation to meet Provincial standards, and the railway industry standards where applicable. Where adverse effects from noise have been identified, appropriate measures to mitigate the noise must be undertaken (fencing, berm, etc.). The conclusions and recommendations of these studies shall be implemented through conditions of the development approval.
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3.7 Existing Land Uses, Buildings and Structures Cannabis production and testing facilities may provide economic opportunities for the Township. In addition to other policies of this Plan, the following policies shall apply to cannabis production and testing facilities: a)
Cannabis production and testing facilities will be permitted in Prime Agricultural Areas, Rural Lands and Employment Areas.
b)
Cannabis production and testing facilities located in Prime Agricultural Areas will be located on the least productive land/soils.
c)
Cannabis production and testing facilities will be permitted if compatible with surrounding uses and where it has been demonstrated through appropriate studies that servicing of such a facility (e.g., water supply and sewage treatment) shall not have any adverse effects on existing uses in the surrounding area.
d)
The establishment of cannabis production and testing facilities may be permitted through site-specific amendment through the implementing by-law.
e)
Generally, a minimum 150 metre separation distance shall be required from a sensitive land use (e.g., residential or community facility) and a cannabis production and testing facility.
f)
Cannabis production and testing facilities are subject to site plan control and shall address matters such as noise, odour, lighting, traffic, servicing, stormwater, drainage, buffering, and landscaping.
g)
In addition to any municipal requirements, the site plan shall address any site design features (e.g., security fencing) as required by Federal regulations and licencing requirements.
h)
A holding symbol on an approved Zoning By-law Amendment may be applied and not be removed until Site Plan Control approval and Federal licensing has been obtained.
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3.8 Community Facilities and Open Spaces Community facility uses are uses which exist for the benefit of the residents of the Township as a whole and which are operated by the municipality or other organizations for this purpose. Open spaces are valuable resources that contribute to the quality of life for Township residents.
3.8.1 a)
General Policies
The following range of community facility uses and open space uses shall be permitted in the Rural Land and Settlement Area designations: i)
Public, separate, and private schools;
ii)
Child-care facilities;
iii)
Places of worship;
iv)
Municipal government facilities;
v)
Community centres;
vi)
Libraries;
vii)
Public or private clubs or association halls;
viii) Cemeteries; ix)
Additional needs housing;
x)
Hospitals;
xi)
Public parks;
xii)
Community gardens;
xiii) Public Boat Ramps; xiv) Other community-oriented uses; xv)
Conservation uses; and
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xvi) Recreational uses including public and private parks, passive and active recreational activities, picnic areas, recreational trails, golf courses, and other similar open space activities. b)
The following open space uses shall also be permitted in the Rural Land designation: i)
Forestry uses;
ii)
Wood lots
c)
The lot size shall be adequate for the proposed use (e.g., to allow for access, onsite maneuvering of vehicles, parking and loading, access by emergency vehicles, appropriate water and sewage services, signage, landscaping, buffering, open space areas, and lighting).
d)
Community facility uses should be integrated effectively with the surrounding area.
e)
Adequate buffering shall be provided between community facility or open space areas and adjacent land uses and roadways. Such buffers may include the provision of grass strips, the screening and the planting of trees and shrubs, and/or the location of a berm or fence.
f)
Adequate off-street parking shall be provided, including consideration for bicycle parking. Access points to parking areas shall be located in such a way that the external and internal road pattern provides for the adequate and safe movement of vehicular and pedestrian traffic.
g)
Municipal government facilities should be strategically located to support effective and efficient delivery of services and to ensure the protection of public health and safety.
h)
Community facility and open space uses shall be zoned in a separate category in the implementing by-law.
3.8.2
Parks, Trails, and Recreation Facilities
The Township recognizes that access to public open space and outdoor recreation opportunities contributes to the physical, social, and mental wellbeing of all residents and visitors. It is the Township’s intention to provide parks, trails, and recreation
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facilities on a basis consistent with the needs of the Municipality through the following policies: a)
The Township shall generally permit parks, trails, and recreational facilities in all land use designations. Within the Prime Agricultural Area and Environmental Protection designations, only trails and conservation/open space parks will be permitted.
b)
The Township shall ensure development within existing parks and trails is consistent with the Township’s Recreation, Parks, and Leisure Master Plan.
c)
Municipal parks are acquired to meet the diverse needs of the population for active transportation, recreation, and cultural activities in accordance with the Recreation, Parks and Leisure Master Plan. Preferred locations for municipal parks include: i)
lands abutting natural features or elementary and secondary school sites;
ii)
lands along major streets or at the terminus of a street;
iii)
lands that connect to other parks as linear parks suitable for active transportation pathways; and/or,
iv)
sites that maximize the number of residential units that are in close proximity of the park.
d)
In the development of parks, trails, and recreational facilities, adequate bicycle and vehicle parking areas shall be provided.
e)
Facilities such as ramps and walkways to enable persons of all ages and abilities to reach amenities and facilities shall be provided where possible, in accordance with the Accessibility for Ontarians with Disabilities Act.
f)
When development is proposed on lands abutting or adjacent to parks, trails, and recreational facilities, there shall be regard to compatibility of the proposed use, and a site layout and design that is appropriate to the preservation and enhancement of the park, trail, or recreational facility.
g)
The Township, in conjunction with citizens, supporting businesses, other government partners, and non-government agencies will: i)
Provide, maintain, and acquire land to enable and enhance public access to open space areas for travel and recreational purposes and sustainable enjoyment of nature.
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h)
ii)
Develop facilities and/or coordinate with other agencies and service providers to encourage and support active and passive uses of publicly owned or publicly accessible open space areas.
iii)
Take an active role, or collaborate with other providers to enable the safe, responsible, and sustainable use of, and linkages between, existing publicly owned or publicly accessible lands including, parks, trails, boat launches and water access points, and vacant lands in Township ownership.
Parkland dedication through planning applications and development will be done in accordance with the policies of Section 11.
3.9 Minimum Distance Separation Formulae a)
Minimum Distance Separation shall be applied in accordance with the Provincial Minimum Distance Separation guidelines, as amended.
b)
Where livestock operations are part of an agricultural use, the Minimum Distance Separation Formulae I (MDS I) and II (MDS II) in effect at the time will apply to farming operations and to all non-farm development as a means to prevent land use conflicts and minimize nuisance complaints from odour. Non-farm development in the vicinity of viable farming operations will be discouraged unless it is compatible and will not interfere with normal farm practices.
c)
Where the implementing by-law does not clearly identify or address any or all aspects of the MDS formulae, the Township shall apply the more restrictive requirements of the MDS formulae that protect expansion potential for agricultural operations.
3.10 Waterfront Development The planned function for the Township’s waterfront areas is primarily recreational and residential uses. Agricultural and commercial uses also occur in the waterfront areas.
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This section contains policies that intend to protect the Township’s sensitive waterfront areas and lake ecosystems. Waterfront areas are generally all lands within 150 metres of a waterbody shown on Map A. Lands and land uses that are more than 150 metres from shore but which are physically or functionally related to the Waterfront Areas shall be considered to be part of the Waterfront Area. All lands that are less than 150 metres from shore but which do not physically or functionally relate to the Waterfront Areas are not considered to be part of a Waterfront Area. In addition to other policies of this Plan, the following policies apply to development in waterfront areas: a)
Development and site alteration will be regulated in waterfront areas in order to protect, improve or restore waterbodies and shorelines, and to increase their resilience in the face of climate change.
b)
The Township will consult with the Conservation Authority and any appropriate Federal or Provincial ministry on development proposals within waterfront areas as appropriate.
c)
Development shall be designed to enhance and protect the sensitive nature of the waterfront area and water quality by incorporating measures to maintain, enhance or establish a minimum 30-metre vegetative buffer strip of unaltered, naturalized land abutting the shoreline, and to minimize direct runoff into the adjacent waterbody or watercourse, with provisions for a modest shoreline access path through this area.
d)
Development should be designed to visually complement the natural setting.
e)
Shoreline setbacks for new development will be based on the findings of a sitespecific study using tools such as the Assessment of Municipal Site Evaluation Guidelines for Waterfront Development in Eastern Ontario’s Lake Country (Hutchinson Environmental Sciences Ltd., April 2014) in order to maximize the protection of water quality. Setbacks greater than 30 metres shall be recognized in the implementing by-law.
f)
Where a greater setback is not required, new development, including new sewage systems, shall be set back a minimum of 30 metres from the highwater mark of a waterbody or watercourse.
g)
Reductions to the required minimum 30 metre setback from the highwater mark may be considered where it is not physically possible to meet this requirement.
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Where it is not physically possible to meet the setback, then the building or structure shall be constructed as far back as possible from the highwater mark, and the amount of structural coverage within that area shall be minimized. h)
Proposals to renovate, reconstruct and/or enlarge existing buildings or structures within 30 metres of the highwater mark of a waterbody will be evaluated through the policies outlined in Section 3.11.
i)
Subject to the approval of the appropriate agency, those accessory buildings, structures, and uses requiring proximity to water, such as docks, stairs for access, or similar accessory structures, may be located within the 30 metre setback from the highwater mark of the waterbody. The implementing by-law will establish the types of structures that may be permitted within 30 metres of the highwater mark.
j)
Where communal docking facilities are proposed, such facilities shall be located a suitable distance, generally 60 metres, from the nearest residential use, residential land use designation, or residential zone.
k)
Boat houses shall not be permitted within the Township.
l)
Floating accommodations, including floating dwellings, shall not be permitted as a residential unit, nor as part of a commercial operation for short- or long-term rental on any waterbodies within the Township.
m)
Land covered by water and forming the bed of a waterbody should be left in an undisturbed condition. No dredging, filling, or alteration of the shoreline of any waterbody, or lands covered by water, shall be permitted without the approval of the appropriate Federal or Provincial ministry and/or Conservation Authority.
n)
The Township will maintain and enhance public access to waterbodies with attention to environmental impacts (e.g., invasive species, boating capacity of the waterbody, parking area runoff), for any public development and redevelopment projects, as appropriate.
3.11 Existing Land Uses, Buildings and Structures There are a number of existing land uses, buildings and structures within the Township that do not conform to the Zoning By-law. A non-conforming land use is a use that
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existed legally under a previous Zoning By-law but is not included as a permitted use in the Zoning By-law that implements this Plan. A non-conforming building or structure does not meet one or more zoning performance standards (such as those relating to yards). a)
Non-conforming buildings and structures shall be allowed to continue, be repaired or be replaced in their current location, at their current size, height and volume, asof-right, subject to the requirements of the Ontario Building Code and any applicable regulation of the appropriate Federal or Provincial ministry and/or Conservation Authority.
b)
In certain instances, it may be desirable to permit changes to non-conforming uses, and to permit expansions, or enlargements to non-conforming buildings and structures. Applications submitted under Section 45(2) of the Planning Act shall only be considered where the use was:
c)
i)
Legally established prior to the passing of the Zoning By-law which prohibited it;
ii)
Continuous in nature since the use’s establishment; and,
iii)
Located on lands owned and used in connection with the use on the day the Zoning By-law was passed.
The appropriateness and impact of the proposed development will be assessed against the following criteria: i)
Any proposed change of use or extension or enlargement would not exacerbate the non-conformity of the use;
ii)
Any proposed extension or enlargement would be consistent with the scale and massing of development on neighbouring properties;
iii)
It will not create or become a public nuisance, in particular in regard to noise, vibration, fumes, smoke, dust, odours, lighting, traffic generation, visual impacts, and other nuisances;
iv)
Neighbouring uses will be protected, where necessary, by the provision of areas for landscaping, buffering, or screening, appropriate setbacks for buildings and structures, devices and measures to reduce nuisances and, where necessary, by regulations mitigating adverse effects caused by
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matters such as outside storage, lighting, advertising signs or other aspects of the proposed development;
d)
v)
Traffic and parking conditions on-site and in the vicinity will not be adversely effected by the proposal. Access shall be provided by appropriate design of ingress and egress points to and from the site and by improvement of sight lines especially in proximity to intersections;
vi)
Adequate off-street parking and loading facilities will be provided; and
vii)
Services such as storm water drainage, roads and private sewer and water services are adequately sized and configured to comply with applicable standards.
Any proposed change in use, expansion, or enlargement of a legally nonconforming use located within 30 metres of the highwater mark of a waterbody shall, in addition to the policies above, shall also be assessed against the following criteria: i)
Natural vegetation will be maximized within the first 30 metres from the highwater mark of a waterbody. A shoreline naturalization planting plan may be required in order to ensure the protection and enhancement of the waterfront area;
ii)
Disturbed areas will be minimized within the first 30 metres from the highwater mark, while allowing for a reasonable area for water access;
iii)
The visual impact of the development as seen from the water and/or adjacent properties will be minimized;
iv)
Proposals to enlarge a non-conforming building or structure reflect efforts to maximize the setback from the highwater mark;
v)
Proposals to enlarge a non-conforming building or structure reflect efforts to reduce the amount of structural coverage within that portion of land falling within 30 metres of the high water mark of a waterbody. Proposals which may result in excess structural coverage shall explore options to offset environmental and aesthetic impacts such as removing, downsizing, or relocating buildings or structures which have deficient water setbacks;
vi)
The setback of any sewage system from the highwater mark of a waterbody will be maximized;
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vii)
Tertiary treatment systems and other technologies will be utilised on lots which are physically constrained and/or situated in close proximity to sensitive natural heritage features or water resources;
viii) Where a new sewage system is required to replace a substandard or malfunctioning system, and where there is no other location on the property at least 30 metres from the highwater mark, the replacement system will be located not less than 15 metres from the high water mark and, wherever feasible, above the flood line elevation where one has been defined by the Conservation Authority.
e)
ix)
Where an existing functioning sewage system is less than 30 metres from the highwater mark, the proposed building extension or enlargement will not remove the ability for a future replacement sewage system to be located in a more compliant location, maximizing its setback from the shoreline and sensitive environmental features; The development will be located outside of flooding and/or erosion hazards and can achieve safe access (ingress and egress); and
x)
Features will be incorporated into the development to control runoff and improve water quality through such measures as decreasing the amount of impervious surfaces, controlling the quality and quantity of runoff and/or enhancing riparian vegetation.
A lot grading and drainage plan may be required for any proposed change in use, expansion, or enlargement of a legally non-conforming use or structure.
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4 How We Will Use the Land This section establishes policies to guide orderly development of the Township that meets future residential and employment needs, protects important environmental features, as well as supports the viability of agriculture, rural development, investment, and economic prosperity of South Frontenac. These policies address development within each of the land use designations on Map A and the Employment Area designation on Map B.
4.1 Prime Agricultural Areas South Frontenac has a high concentration of farm operations and of prime agricultural land. Prime agricultural lands are a finite resource and are of economic importance to the agri-food network locally and regionally. Prime agricultural areas in particular need to be protected for long-term use for agriculture. Prime agricultural areas have a high capability to produce food, are primarily comprised of large blocks of Canada Land Inventory (CLI) Class 1 to 3 lands with some Class 4 to 5 lands included, have a local concentration of agricultural operations which exhibit characteristics of on-going agriculture, and are relatively unconstrained from incompatible uses. The intent of this Plan is to sustain and enhance the viability of the Township’s agricultural system through protecting agricultural resources, minimizing land use conflicts, providing opportunities to support local food, as well as maintaining and improving the agrifood network. The Prime Agricultural Area designation applies to prime agricultural areas and to specific individual landholdings in the Township. The designation is made up of primarily farming activities, including agriculture, as well as complementary housing, agriculturerelated uses, and on-farm diversified uses. Prime Agricultural Area designated lands are shown on Map A.
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4.1.1 a)
General Policies
In the Prime Agricultural Area Designation, permitted uses and activities are: i)
Agricultural uses, including on-farm diversified uses and farm worker housing;
ii)
Agriculture-related uses;
iii)
Residential uses, including additional residential units, home occupations and home industries; and
iv)
Uses connected with the conservation of water, soil, wildlife, and other natural resources.
b)
The uses in (a) above will be further defined in the implementing by-law.
c)
Lands designated Prime Agricultural Area shall be zoned in appropriate classifications in the implementing by-law.
d)
All types, sizes, and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with Provincial standards.
e)
Landowners are encouraged to implement best management practices and stewardship initiatives, including establishment and maintenance of vegetated buffer strips beside waterbodies and watercourses.
f)
Council supports nutrient management planning as a means to protect water quality.
g)
Lot creation in Prime Agricultural Areas shall only be permitted in accordance with Section 9.3.4.
h)
Additional residential units in Prime Agricultural Areas shall comply with Section 3.2.
i)
Non-agricultural land uses, such as residential, commercial, employment, and institutional uses shall be directed to Settlement Areas and Rural Lands in order to protect the agricultural land base from further fragmentation and so as not to hinder surrounding agricultural operations.
j)
Where the interface of agricultural uses and non-agricultural uses result in opportunities for potential conflict, land use compatibility will be achieved by
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avoiding or, where avoidance is not possible, minimizing and mitigating adverse impacts on the agricultural system. Where mitigation is required, the applicant shall incorporate applicable mitigation measures as part of the non-agricultural use being developed. k)
An application for non-agricultural development in Prime Agricultural Areas may require an agricultural impact assessment, which shall be prepared by a qualified professional, such as a Professional Agrologist, as part of a complete application. Such a study would be undertaken to evaluate the potential impacts of nonagricultural uses on agricultural lands and operations, demonstrate compatibility with surrounding agricultural uses, and recommend ways to avoid adverse impacts on the agricultural land base.
l)
All development and site alteration shall be consistent with municipal, Provincial, and Federal guidelines and policies as may be updated from time to time, including the Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas (Publication 851, Ministry of Agriculture, Food and Rural Affairs, 2016).
m)
All development shall be consistent with The Minimum Distance Separation Document (Publication 853, Ministry of Agriculture, Food and Rural Affairs, 2016), as amended from time to time, unless otherwise specified in this Plan or the implementing by-law.
n)
Development shall be serviced with adequate water and sewage services, and stormwater management to the satisfaction of the Township.
4.1.2 a)
Agriculture-related Uses and OnFarm Diversified Uses
Agriculture-related uses and on-farm diversified uses may be permitted subject to any implementing by-laws and guidelines, and to the applicable policies of this Plan including the following: i)
Minimum Distance Separation Formulae (MDS I and MDS II) shall apply to agriculture-related uses and on-farm diversified uses that could conflict with neighbouring livestock facilities. These uses are often characterized by having a high level of human activity and attracting visitors to the agricultural area. Examples include food services, accommodations, agri-tourism uses,
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and retail operations. These uses will be further defined in the implementing by-law.
b)
c)
ii)
Development and intensification of agriculture-related and on-farm diversified uses shall be demonstrated to be compatible with available rural services, such as road access, private water and sewage services, utilities, fire protection, emergency services, and other public services.
iii)
Agriculture-related and on-farm diversified uses shall be developed in accordance with all applicable municipal, Provincial, and Federal requirements on emissions, noise, odour, nuisance, compatibility, water, and wastewater standards and receive all relevant environmental approvals. Where applicable, the applicant shall demonstrate that all applicable Federal and Provincial approvals have been obtained, so as to ensure a coordinated approach to the planning and development of said use.
iv)
Agriculture-related and on-farm diversified uses are encouraged to be located on the least productive soils, and where possible, located in proximity to clusters of other structures on the subject property.
For agriculture-related uses the applicant must demonstrate the proposed use: i)
Is a farm-related commercial or farm-related industrial use;
ii)
Is compatible with and will not hinder surrounding agricultural operations;
iii)
Is directly related to farm operations in the areas;
iv)
Benefits from being in close proximity to farm operations;
v)
Supports agriculture; and,
vi)
Provides direct products and/or services to farm operations as a primary activity.
For on-farm diversified uses the applicant must demonstrate the proposed use: i)
Is located within the limits of a farming operation;
ii)
Is secondary to the principal agricultural use of the property;
iii)
Is limited in size and scale, relative to the size of the farm property; and,
iv)
Is compatible with and will not hinder surrounding agricultural operations.
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d)
Ground-mounted solar facilities are permitted, only as on-farm diversified uses.
e)
On-farm diversified uses located on a farm that are secondary to the principal agricultural use, including agri-tourism uses (e.g., corn maze, u-pick, Community Supported Agriculture (CSA) market gardens, seasonal tours), home occupations, home industries and bed and breakfast establishments and farm produce stands may be permitted in the implementing by-law.
f)
Site Plan Control shall apply to agriculture-related uses and on-farm diversified uses in accordance with the Township’s Site Plan Control By-Law.
4.2 Rural Lands Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between the Settlement Areas and the surrounding farms and the rural and seasonal communities to which the Settlement Areas provide basic services. The Rural Lands within the Township are a resource valued by residents and visitors. Rural Lands are designated on Map A.
4.2.1
General Policies
a)
The amount and type of development on Rural Lands shall be consistent with maintaining its rural character, natural heritage, and cultural landscape.
b)
The Township shall, through this Plan, preserve the character of Rural Lands and large tracts of undeveloped lands for environmental protection and aesthetic purposes;
c)
The Township shall, through this Plan, preserve the forested open space character of the rural landscape and the natural quality of area waterways.
d)
The Township shall limit development that fragments forests, and natural heritage features and areas, and that impacts the accessibility or viability of renewable and non-renewable resources.
e)
The Township shall encourage a revival of the local agricultural industry and associated activities by enhancing their capacity to contribute to the economy of the Township.
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f)
The Township shall encourage the establishment of diversified tourism opportunities that are ecologically sustainable and promote natural resources.
g)
The Township shall, through implementing this Plan, promote the development of commercial, recreational, and industrial uses that are appropriate for Rural Lands and are sustainable based on the appropriate and available water and sewage services, in accordance with Section 7.4.
h)
The Township shall allow for residential development where site conditions are suitable for the provision of appropriate sewage and water services, and on lands that are not constrained or protected for their resource value, where appropriate.
i)
The Rural Land designation includes many different land uses. The range of land uses that are permitted within the Rural Land designation include: i)
Agriculture;
ii)
Residential;
iii)
Commercial & Industrial;
iv)
Open Space;
v)
Recreational; and,
vi)
Community Facility.
Section 3 provides policy direction for open space, recreational, and community facility uses.
4.2.2
Agricultural Uses
The Township recognizes there is significant agricultural production located on Rural Lands. Agricultural production is encouraged to continue and/or expand. a)
The Rural Land designation permits agricultural uses, including on-farm diversified uses, agriculture-related uses, residential uses, and uses connected with the conservation of water, soil, wildlife, and other natural resources.
b)
The policies of the Prime Agricultural Area Section 4.1 shall apply to agricultural uses, on-farm diversified uses, and agriculture-related uses within the Rural Land designation, where applicable.
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c)
Minimum Distance Separation formulae shall apply to all land uses in the Rural Land designation in accordance with Section 3.9.
d)
Rural agricultural uses may be zoned in a separate category in the implementing by-law.
4.2.3
Residential Uses
It is the intent of this Plan that the Settlement Areas be the focus of residential growth over the long term. Low density residential development that respects the rural character and natural resources of Rural Lands may be permitted.
4.2.3.1 Permitted Uses a)
b)
The following range of residential uses shall be permitted: i)
Single detached dwellings
ii)
Semi-detached or duplex dwellings
iii)
Triplex dwellings
iv)
Group homes
v)
Additional residential units
vi)
Mobile home parks
Accessory home-based businesses may be permitted in accordance with the general development policies in Section 3.
4.2.3.2 General Policies a)
Residential development shall be directed to areas where residential development exists or would be compatible with adjacent uses, and will be directed away from: i)
Primary or secondary aggregate deposits;
ii)
Aggregate operations or other resource related industries or activities;
iii)
Incompatible rural industries or businesses;
iv)
Farm operations where a land use conflict would result;
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v)
Incompatible public uses or facilities;
vi)
Natural or human-made hazards or development constraints; and/ or,
vii)
Natural heritage features and areas, such as wetlands.
b)
Residential development shall comply with Section 3.10 – Waterfront Development policies of this Plan, where applicable.
c)
Water access will be permitted only for residential lots if they have direct frontage on the waterbody. Rights-of-way shall not be granted to provide non-waterfront residential lots with private access to a waterbody. The Township will focus on providing, acquiring, and enhancing access to waterbodies for non-waterfront residents and visitors in the Township via public access parks, boat launches, and docks.
d)
Mobile home parks shall be permitted in the Rural Land designation, in accordance with the following policies:
e)
i)
Mobile home parks shall be serviced by municipal water and sewage services in accordance with Section 7.4;
ii)
Mobile home parks shall be managed as a single property in accordance with a responsibility agreement for the maintenance and management of servicing for the park;
iii)
Accessory uses such as a management office, a convenience store, and recreational facilities for the use of the residents shall be permitted.
iv)
Land used or proposed for a mobile home park shall be placed in a separate category in the implementing by-law. This category should include suitable controls for such matters as the frontage and area of the park and individual sites, the density of the park, parking requirements, and any other relevant provisions; and,
v)
All lands used for mobile home parks are subject to site plan control.
Residential developments that have a primary means of access from a private road or a navigable waterway, and have limited municipal services (e.g. garbage collection, road maintenance or snow removal) are generally permitted in waterfront areas. These limited service residential properties will be recognized separately in the implementing by-law.
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f)
Waterbodies within the Township contain islands and remote areas. Islands and remote areas of the Township offer the opportunity for limited-service residential use. Consequently, limited-service residential development shall be permitted on water access only lots provided: i)
It is demonstrated to the satisfaction of the Township that an adequate supply of potable water is available for each lot and that a satisfactory method of sewage disposal is approved by the appropriate authority;
ii)
Access to the island or the remote area is available via a navigable waterway and/or a public road or an existing private road of sufficient quality to ensure the provision of appropriate services to the island or remote area;
iii)
The owner of the lot demonstrates to the satisfaction of the Township that deeded land and mooring facilities on the mainland are available to permit the parking of automobiles and/or the storage or docking of boats and boat trailers etc. associated with the use of the water access only lot, in this way ensuring minimal disruption to residents on the mainland. Such facilities shall be owned or tied in perpetuity to the water access only lot and be zoned for parking and docking facilities only;
iv)
There is a suitable location at the island or remote area for docking and access that would not negatively impact the shoreline and riparian area; and
v)
Notwithstanding anything in this Plan to the contrary, the minimum lot size for a new water access only lot is 2 ha to minimize impacts in these remote areas.
g)
Existing vacant back lots on private roads may be developed provided that the access and servicing policies of this Plan are satisfied.
h)
The creation of a new back lot shall not be permitted through the consent process.
4.2.4
Commercial Uses
Rural Lands are an important area for the Township in terms of commercial uses.
4.2.4.1 Permitted Uses
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a)
b)
The commercial uses permitted in the Rural Lands designation include agriculturally and rurally oriented commercial, highway commercial, and tourist commercial. The following range of uses shall be permitted: i)
Agriculturally and rurally oriented commercial uses shall include agricultural produce sales establishments, farm services, bulk fuel dealers, farm implement dealers, feed and seed mills, abattoirs, auction barns, veterinary clinics or hospitals and similar uses.
ii)
Highway commercial uses shall include motor vehicle sales outlets, motor vehicle service stations and/or gasoline, diesel, propane and liquified natural gas outlets, small engine sales and service, building supply sales, recreational equipment sales and service and agricultural produce sales establishments and nurseries or garden centres; motels; hotels; taverns; restaurants; convenience retail stores and similar uses.
iii)
Tourist commercial uses shall include a range of uses that cater primarily to the tourism and recreational needs. Permitted uses shall include but are not limited to tourist lodging facilities, campgrounds, recreation facilities, golf courses, parks and facilities related to boat traffic, such as marinas, docks, and other services. Buildings, structures, or sites of historic interest, uses such as museums and related facilities are also permitted.
A residential use may be permitted as an accessory use to a rural commercial use.
4.2.4.2 General Policies a)
The lot size shall be adequate for the proposed use (e.g., to allow for access, onsite maneuvering of vehicles, parking and loading, access by emergency vehicles, appropriate water and sewage services, storage of materials and wastes, signage, landscaping and buffering, open space areas, accessory buildings and structures, lighting, and access to the rear of the lot).
b)
Development shall have frontage on a public road which is maintained year-round. Highway Commercial uses should be located on Arterial roads. In all cases it shall be demonstrated that the proposed use will not create a traffic hazard, and that the public road is, or can be made to be, of suitable quality to accept traffic generated by the new commercial operation.
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c)
Adequate off-street parking and loading facilities shall be provided. Access points to parking areas shall be limited in number and designed in such a manner to minimize the danger to vehicular and pedestrian traffic.
d)
Rural commercial uses will be zoned in separate categories in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for rural commercial uses.
e)
Where commercial uses are located adjacent to residential or other sensitive land uses, provisions may be made for increased setbacks, buffering or screening to ensure compatibility and to avoid land use conflicts.
f)
Site plan control shall apply to rural commercial uses, in accordance with the Township’s Site Plan Control By-Law.
4.2.4.3 Tourist Commercial Uses In addition to the policies above, the following policies apply to Tourist Commercial uses within the Rural Land designation: a)
In reviewing applications for tourist commercial development, the Township shall have regard to the protection of the natural environment, cultural heritage, open space, character, and scenic qualities of the area.
b)
The continued operation, upgrading, expansion, and redevelopment of existing tourist commercial establishments, which maintain the intent, principles and policies of the Plan will be encouraged.
c)
Traditional and new concepts related to the form or ownership of tourist commercial establishments will be considered, provided the intent, principles and policies of the Plan will be satisfied. With the exception of floating accommodations, the Township shall consider opportunities for tourist commercial accommodations that meet the market demand for short-term or seasonal occupancy.
d)
Tourist Commercial uses will be zoned in a separate category in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for tourist commercial uses.
e)
This Plan recognizes that Tourist Campground and Tourist Lodging Establishment densities are an important component to managing environmental and land use compatibility concerns. The implementing by-law will identify specific density, lot
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coverage and open space provisions, among others, to these uses in order to mitigate these concerns. f)
At a minimum, the consideration of a new or expansion of an existing tourist commercial use through the zoning by-law amendment process will ensure: i)
The site is suitable for the use proposed; and,
ii)
The uses shall be of a scale that permits them to blend into their natural setting and shall be designed to preserve, as much as possible, a site’s physical attributes such as tree coverage, varying topography, and scenic views.
g)
New waterfront tourist commercial uses, buildings and structures shall be setback a minimum of 50 metres from the highwater mark of a waterbody to protect sensitive waterfront areas and lake ecosystems from intensified use.
h)
Reductions to the required minimum 50 metre setback from the highwater mark where it is not physically possible or environmentally desirable to meet this requirement may be considered without amendment to this Plan.
i)
Any new tourist commercial use shall front onto and gain direct access from a public road, constructed to Township standards, and which is maintained yearround by the Township.
j)
Expansion or redevelopment of existing tourist commercial establishments may be permitted on private roads where it has been demonstrated that there is legal deeded access to the lot over a private road, and it has been demonstrated to the Township’s satisfaction that the private road has been constructed or upgraded to meet or exceed the Township’s Private Road Construction Standards.
k)
Buildings and/or campsites should have sufficient area and frontage along an internal road to avoid overcrowding and to ensure minimal environmental impact.
l)
Efforts shall be made to integrate waterfront tourist commercial uses with the shoreline environment so as to minimize visual and other impacts, in accordance with the Waterfront Development and Natural Heritage sections of this Plan.
m)
Adequate provision for recreational facilities shall be made in the establishment or expansion of any tourist campground or tourist lodging facility. These may be comprised of beaches, swimming pools, tennis courts, campgrounds, major open space areas or a combination of these and/or similar features.
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n)
Where applications for tourist commercial development involve significant boat docking facilities such as those associated with marinas and large resorts, the preparation of a boat impact assessment shall be required to evaluate the suitability of the site and its land/water environs for docking or mooring facilities and associated boat traffic. These developments shall be subject to Parks Canada’s Rideau Canal Policies for In-Water and Shoreline Works and Related Activities where applicable.
4.2.5
Industrial Uses
Rural Lands offer opportunities for limited industrial uses.
4.2.5.1 Permitted Uses a)
Non-water intensive industrial uses are permitted in the Rural Land designation. These uses shall include construction yards, warehousing, truck or transportation terminals, motor vehicle repair garages or body shops, open storage of goods or materials, bulk storage facilities, workshops, sawmills, service shops, processing, manufacturing and/or assembly operations, and research establishments, and other similar uses.
b)
Water intensive industrial uses such as breweries and cheese factories, may be permitted provided that it has been demonstrated that there is a sustainable supply of potable water, and that there would be no undue interference to existing or proposed neighbouring uses.
4.2.5.2 General Policies a)
The lot size shall be adequate for the proposed use (e.g., to allow for access, onsite maneuvering of vehicles, parking and loading, access by emergency vehicles, appropriate water and sewage services, storage of materials and wastes, signage, landscaping and buffering, open space areas, accessory buildings and structures, lighting, and access to the rear of the lot).
b)
Development shall have frontage on a public road which is maintained year-round. In all cases it shall be demonstrated that the proposed use will not create a traffic hazard, and that the public road is of suitable quality to accept traffic generated by the new industrial operation.
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c)
Adequate off-street parking and loading facilities shall be provided. Access points to parking areas shall be limited in number and designed in such a manner to minimize the danger to vehicular and pedestrian traffic.
d)
Rural industrial uses will be zoned in a separate category in the implementing bylaw. The implementing by-law will also establish appropriate provisions and standards for rural industrial uses.
e)
Industrial uses shall be directed away from residential uses and other sensitive uses.
f)
Where industrial uses would be located adjacent to residential or other sensitive land uses, provisions may be made for increased setbacks, buffering or screening to ensure compatibility and to avoid land use conflicts.
g)
Industrial uses shall be compatible with neighbouring sensitive land uses through the application of the Provincial D-series Land Use Compatibility Guidelines and Environmental Noise Guidelines (NPC-300), and employ the appropriate separation distances and/or mitigative measures to reduce the potential of land use conflict.
h)
Studies will be required to determine whether adequate services, such as water and sewage systems and fire protection, could be provided to support industrial development.
i)
Site plan control shall apply to industrial uses, in accordance with the Township’s Site Plan Control By-Law.
4.3 Settlement Areas The Township contains several villages and hamlets, each with their own important history and identity. It is the intent of the Township that these Settlement Areas will be the focus of a significant portion of new residential and non-residential development. The purpose of this is to provide a range of housing options, transportation and recreation options, and community amenities and services. It is also to ensure municipal services are provided to the public in the most efficient manner possible while simultaneously protecting the natural environment and natural resources of the Township.
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The following villages and hamlets are designated as Settlement Areas on Map A. Their boundaries are detailed on Map B: •
Battersea
•
Harrowsmith
•
Hartington
•
Inverary
•
Sunbury
•
Sydenham
•
Verona
4.3.1 a)
b)
General Policies
The Township will: i)
Ensure that sufficient lands are available to direct the majority of industrial, commercial, institutional and residential growth into Settlement Areas;
ii)
Promote development using appropriate water and sewage service options;
iii)
Promote a full range and mix of housing types and densities to meet the needs of all Township residents;
iv)
Ensure compatibility between uses within Settlement Areas; and
v)
Encourage compact, mixed-use development that has a high level of employment and residential densities, in order to increase the future potential of efficient rural transit in South Frontenac in partnership with neighbouring municipalities. This includes the creation of active transportation connections within and between Settlement Areas and the clustering of uses such as schools, businesses, social services, and health facilities within Settlement Areas.
The following types of land uses are permitted in Settlement Areas, and will be regulated further by the implementing by-law: i)
a range of residential uses;
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ii)
a range of commercial uses;
iii)
a range of community facility uses;
iv)
a limited range of light industrial uses and
v)
a range of open space uses.
c)
Municipal water and sewage services shall be the preferred form of servicing for development in Settlement Areas. Individual on-site water and sewage services may be permitted where municipal services are not available.
d)
Development in Sydenham shall connect to the existing municipal water services where available, and any existing private well servicing the property shall be decommissioned.
e)
The development of transit-supportive communities is encouraged in order to increase the future potential of efficient rural transit in South Frontenac in partnership with neighbouring municipalities. This includes the creation of active transportation connections within and between Settlement Areas and the clustering of transit-supportive uses such as schools, businesses, social services, and health facilities within Settlement Areas.
4.3.2
New Settlement Areas & Settlement Area Boundaries
a)
The Township may identify new settlement areas or adjust existing settlement area boundaries to better reflect desired locations for population growth and development after completing secondary plan studies for the Settlement Areas (Maps A and B) and Future Secondary Planning Areas (Map H).
b)
In identifying a new Settlement Area or allowing a Settlement Area boundary expansion, the Township shall consider the following: i)
the need to designate and plan for additional land to accommodate an appropriate range and mix of land uses;
ii)
If there is sufficient capacity in existing or planned infrastructure and public service facilities;
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iii)
An assessment of water and sewage servicing alternatives, capacities and allocations, and the associated financial feasibilities (e.g. capital and operating costs);
iv)
A hydrogeological analysis to determine the quantity and quality of groundwater, the potential impact of future development on the groundwater, and on existing sources of drinking water;
v)
Where no municipal sewage service is available, an evaluation of the longterm suitability of the soil conditions for effective operation of individual onsite or communal sewage services;
vi)
The evaluation of locations that avoid waterbodies, natural heritage areas and features, natural hazards, human-made hazards, mineral and aggregate resources, cultural heritage and archaeological resources, and where avoidance is not possible, minimized and mitigated to the extent feasible as determined through appropriate assessments;
vii)
The evaluation of alternative locations that avoid prime agricultural areas, and where avoidance is not possible, consider reasonable alternatives on lower priority agricultural lands in prime agricultural areas;
viii) Whether the new or expanded settlement area complies with the Minimum Distance Separation formulae; ix)
Where impacts on the agricultural system are unavoidable, they must be minimized and mitigated to the greatest extent feasible, as determined through an agricultural impact assessment or equivalent analysis; and
x)
the new or expanded settlement area provides for the phased progression of development.
4.3.3
Intensification
The Township encourages intensification and redevelopment in the Settlement Areas in order to promote vibrant and compact communities, offer a range of housing choices, efficiently use land, and optimize existing infrastructure and public service facilities. It is recognized that the type, form, and scale of intensification will vary amongst the settlement areas based on their local conditions and character.
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Intensification refers to the development of a property, site, or area at a higher density than currently exists, and can be achieved at different scales and through different types of land uses (e.g. residential, commercial, industrial, etc.). Intensification can be achieved in many ways including: •
Development of vacant and/or redevelopment of underutilized lots within previously developed areas (e.g. introducing new housing options),
•
Infill development, including lot creation,
•
Establishing additional residential units,
•
Expansion or conversion of existing buildings, and
•
Redevelopment, including the reuse of brownfield sites.
The following policies will guide intensification: a)
The efficient use of land and services is encouraged through increased intensification within the existing boundaries of Settlement Areas on appropriate water and sewage services.
b)
Residential intensification and redevelopment should be encouraged in appropriate areas with a target of approximately 10%.
c)
The design of residential development within already established areas, including intensification, should be considerate and sensitive to the character of that neighbourhood.
d)
The Township may consider establishing design standards to guide intensification.
4.3.4 a)
Residential Uses
Settlement Areas will provide a significant opportunity for housing within the Township. A full range of housing types shall be permitted including: i)
single detached dwellings
ii)
semi-detached or duplex dwellings
iii)
triplex dwellings
iv)
townhouses
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v)
multiple unit dwellings (i.e. apartment buildings)
vi)
single detached dwellings converted to multiple unit dwellings
vii)
Group homes
viii) Additional residential units b)
Bed and breakfasts, and home-based businesses may be permitted in accordance with the general development policies in Section 3.
c)
Residential uses shall be zoned with an appropriate zoning category in the Zoning By-law.
d)
Development should be compatible with surrounding uses per Section 3.
4.3.4.1 Development Criteria for Residential Conversions a)
Existing single detached dwellings may be converted into multiple self-contained dwelling units.
b)
The implementing by-law shall include criteria for establishing eligibility for conversions.
c)
Where the lot is serviced by individual on-site water and sewage services, it must be demonstrated that the lot has an adequate supply of potable water and sufficient land area for the required sewage system to the satisfaction of the Township.
d)
The converted dwelling shall comply with all pertinent Provincial and municipal regulations and by-laws relevant to such matters as fire, health, safety and occupancy.
e)
Adequate buffering and screening shall be provided between the converted dwellings’ parking areas and adjacent uses, particularly adjacent residential uses and other sensitive uses.
f)
Adequate off-street parking shall be provided.
g)
Converted dwellings shall be zoned in separate categories in the implementing bylaw.
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4.3.4.2 Development Criteria for Multiple Unit Dwellings a)
Townhouses and multiple unit dwellings, with four or more units, shall be located so as to minimize their impact within previously developed areas.
b)
It shall be demonstrated that the multiple unit dwelling will not create a traffic hazard.
c)
Adequate off-street parking shall be provided. Access points to parking areas shall be designed in a manner that provides for the adequate and safe movement of vehicular and pedestrian traffic.
d)
Development should be compatible with surrounding uses as per Section 3.
e)
The lot size shall be adequate for the proposed use (e.g., to allow for appropriate water and sewage services, access, parking and loading, landscaping and buffering, privacy or open space areas).
4.3.5
Commercial Uses
a)
Commercial development should be of a scale catering to the residents of and tourists to the Settlement Areas and surrounding rural area.
b)
The uses permitted include those commercial establishments offering goods and services which serve the residents of the Settlement Areas or the community as a whole such as retail stores, personal service shops, motels and hotels, places of entertainment, taverns, business and professional offices, eating establishments, funeral homes, motor vehicle service stations and/or gasoline, diesel, propane and liquefied natural gas outlets, motor vehicle sales outlets, service shops, convenience stores, tourist homes, and medical clinics.
c)
Commercial uses will be further defined and will be zoned in a separate category in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for commercial uses.
d)
Commercial uses should be located on major roads, and, where appropriate, are encouraged to locate in proximity to existing commercial uses to foster the development of commercial cores.
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e)
Where commercial uses are located adjacent to residential or other sensitive land uses, commercial uses should complement and serve the needs of adjacent residential uses. Provisions may be made for increased setbacks, buffering or screening to ensure compatibility and to avoid land use conflicts.
f)
Commercial uses shall be developed in a compact form to maximize use of land and to minimize intrusion into residential areas. i)
New commercial development shall be oriented to the street, where possible, and shall incorporate attractive streetscaping elements, such as landscaping, signage, decorative lighting, and pedestrian connections for access between public streets, parking areas, and building entrances, as determined in consultation with the Township.
ii)
Minimum and maximum front yard setbacks may be specified in the implementing by-law to support walkability and built form.
g)
The lot size shall be adequate for the proposed use (e.g., to allow for access, onsite maneuvering of vehicles, parking and loading, access by emergency vehicles, appropriate water and sewage services, storage of materials and wastes, signage, landscaping and buffering, open space areas, accessory buildings and structures, lighting, and access to the rear of the lot).
h)
Development shall have frontage on a public road. In all cases it shall be demonstrated that the proposed use will not create a traffic hazard, and that the public road is, or can be made to be, of suitable quality to accept traffic generated by the new commercial operation.
i)
Adequate off-street parking and loading facilities shall be provided. Access points to parking areas shall be limited in number and designed in such a manner to minimize the danger to vehicular and pedestrian traffic.
j)
Where off-street parking is required, such parking shall generally be located to the rear or side of buildings, in order to foster a pedestrian-friendly environment.
k)
Parking lots shall be conveniently located, in such a manner as to provide safe access to public roads and sidewalks, or other pedestrian corridors. They shall be appropriately buffered and landscaped in order to reduce their micro-climatic and visual impact on the surrounding area.
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l)
Residential uses shall generally be permitted to locate in either the upper stories or in the rear half of the ground storey of buildings in which commercial uses are permitted.
m)
In the case of mixed-use buildings, parking for residential uses shall be distinctly identified from the parking for commercial uses.
n)
Mixed-use buildings should include well-designed, useable amenity areas for the residents that meet the requirements of the implementing by-law. These areas may include private or communal amenity areas, such as: balconies or terraces; rooftop patios/gardens; and communal outdoor at-grade spaces (e.g. plazas, courtyards, squares, and yards).
o)
Site plan control shall apply to commercial uses, in accordance with the Township’s Site Plan Control By-Law.
4.3.6
Industrial Uses
a)
Light, non-water intensive, industrial uses are permitted in the Settlement Area designation. These uses shall include manufacturing, processing, fabrication, assembly, treatment, packaging, and other similar uses, provided that all activities are conducted within a wholly enclosed building.
b)
Water intensive industrial uses, such as breweries and cheese factories, may be permitted provided that it has been demonstrated that there is a sustainable supply of potable water, and that there would be no undue interference to existing or proposed neighbours.
c)
Industrial uses will be further defined and will be zoned in a separate category in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for industrial uses.
d)
Industrial uses shall be encouraged to locate along a public road on the periphery of the Settlement Areas.
e)
The lot size shall be adequate for the proposed use (e.g., to allow for access, onsite maneuvering of vehicles, parking and loading, access by emergency vehicles, appropriate water and sewage services, storage of materials and wastes, signage, landscaping and buffering, open space areas, accessory buildings and structures, lighting, and access to the rear of the lot).
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f)
Development shall have frontage on a public road. In all cases it shall be demonstrated that the proposed use will not create a traffic hazard, and that the public road is of suitable quality to accept traffic generated by the new industrial operation.
g)
Adequate off-street parking and loading facilities shall be provided. Access points to parking areas shall be limited in number and designed in such a manner to minimize the danger to vehicular and pedestrian traffic.
h)
Industrial uses shall be directed away from residential uses and other sensitive uses.
i)
Where industrial uses are located adjacent to residential or other sensitive land uses, provisions may be made for increased setbacks, buffering or screening to ensure compatibility and to avoid land use conflicts.
j)
Industrial uses shall be compatible with neighbouring sensitive land uses through the application of the Provincial D-series Land Use Compatibility guidelines and Environmental Noise Guidelines (NPC-300) and employ the appropriate separation distances and/or mitigative measures to reduce the potential of land use conflict within a Settlement Area.
k)
Industrial uses shall be well-designed and attractive with appropriate building materials and landscaping.
l)
Studies will be required to determine if servicing could be provided to meet the requirements for industrial development (e.g., appropriate water and sewage services, fire protection).
m)
Site plan control shall apply to industrial uses, in accordance with the Township’s Site Plan Control By-Law.
4.3.7
Agricultural Uses
The Township recognizes that there are existing active farms located within Settlement Areas. a)
Existing agricultural uses are permitted to continue until such time as those lands are required to accommodate residential and non-residential growth and development.
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b)
New or expanding livestock facilities are prohibited within Settlement Areas.
4.4 Employment Area Employment opportunities are a key component of a healthy, liveable and safe community. The Township must provide and protect sufficient land to accommodate competitive opportunities for employment growth. Employment Areas are identified on Map B. Lands identified as Employment Areas in this Plan are intended to accommodate a range of business and economic activities to meet the long-term needs of the Township. The Township will guide the development and protection of Employment Areas by: a)
Recognizing the important relationship between planning, economic development, and environmental preservation in sustainable development and healthy communities.
b)
Ensuring that Employment Areas are protected to accommodate projected employment growth.
c)
Ensuring that Employment Areas are used to their fullest and highest potential.
d)
Recognizing that certain employment lands are considered high-profile due to their visibility and frontage on major roads and so encouraging employment uses that are wholly within enclosed buildings along this frontage and directing uses that do not benefit from visibility and/or which require outdoor storage to the interior of Employment Areas.
e)
Requiring flexible and adaptable Employment Areas that include street patterns and building design and siting that allow for redevelopment and intensification.
f)
Limiting and/or mitigating land use incompatibilities where necessary to protect public and environmental health and safety.
g)
Ensuring development within Employment Areas is designed to minimize surface parking, maximize walkability, and provide for a mix of amenities and open space.
h)
Prioritizing the provision of municipal water and sewage services in Employment Areas to accommodate more intensive and higher order employment uses.
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i)
Ensuring Employment Areas are serviced with leading edge telecommunication services to attract knowledge-based industries.
j)
Development of Employment Areas shall be subject to a secondary plan.
k)
Lands may be removed from Employment Areas only where it has been demonstrated that: i)
There is an identified need for the removal and the land is not required for employment area uses over the long term;
ii)
The proposed uses would not negatively impact the overall viability of the employment area by:
- Avoiding, or where avoidance is not possible, minimizing and mitigating potential impacts to existing or planned employment area uses;
- Maintaining access to major goods movement facilities and corridors;
iii)
Existing or planned infrastructure and public service facilities are available to accommodate the proposed uses; and
iv)
There are sufficient employment lands to accommodate projected employment growth to the horizon of this Plan.
4.5 Environmental Protection The Environmental Protection designation applies to lands which play an important role in the preservation of the Township’s natural heritage systems. The intent of the policies in this section is to protect environmentally sensitive areas from incompatible development. The Township recognizes that permanent protection from development and enhancement of natural areas will provide essential climate mitigation services, including water storage and filtration, carbon storage, cleaner air and habitats, plus many other benefits. Policies of this section of the Plan are primarily related to land use. More detailed policy related to environmental functions and features that form the traditional basis for this land use designation, are found in Section 5. a)
The Environmental Protection designation applies to all wetlands, watercourses and lakes shown on Map A.
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b)
The boundaries of the Environmental Protection designation were based on Provincial mapping. When additional information or mapping becomes available on these features, this Official Plan and the implementing by-law shall be amended accordingly.
c)
Environmental Protection areas shall be zoned in a separate classification in the implementing by-law.
d)
The Environmental Protection designation and/or the implementing zoning shall be applied to other natural heritage features or natural hazard features that warrant this level of protection, as determined through site-specific or regional assessment, in accordance with this Plan.
e)
The following uses are permitted in the Environmental Protection designation: i)
Open space, conservation or flood protection uses
ii)
Passive recreational or educational activities excluding buildings
iii)
Docks
iv)
Small watercraft access areas
f)
Minor changes to the boundaries of the designation may be permitted without an amendment to the Official Plan. An environmental impact assessment may be required in support of a minor boundary adjustment.
g)
Nothing in this Plan is intended to imply that lands designated Environmental Protection are open to the general public or that any public body will be required to purchase such lands.
h)
Minimum building setbacks from the Environmental Protection designation will be established in the implementing by-law.
4.6 Mineral Aggregate The planned function for the Township’s mineral aggregate areas is primarily commercial resource extraction. The intent of the policies in this section is to responsibly manage mineral aggregate resources by protecting them for long-term use, regulating current operations, requiring proper rehabilitation of closed operations, and protecting resources from incompatible uses.
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The Township recognizes the importance of its mineral aggregates as a limited and non-renewable resource which may be required to meet the needs of both the Township and surrounding areas. a)
The Township will protect wherever possible and practical the sand and gravel resources and a reasonable amount of bedrock resources for aggregate extraction. Unconstrained resource areas are those that have been identified through Aggregate Resource Inventory Papers (ARIP) prepared by the Province, are located outside of mapped natural heritage features, and are outside areas with sensitive uses. The intent of designating these unconstrained areas of mineral aggregate deposits is to protect these deposits from incompatible development over the long-term.
b)
Mineral Aggregate areas including licenced aggregates, such as pits and quarries, as well as sand and gravel resource areas (i.e., reserve areas) are designated on Map A. Map D identifies mineral aggregate resource areas by classification (i.e., secondary, or tertiary deposit) and the classification of pit/quarry and the associated influence areas.
c)
The following uses are permitted in the Mineral Aggregate designation: i)
Pit and quarry operations licensed under the Aggregate Resources Act;
ii)
A wayside pit or quarry;
iii)
Uses associated with or accessory to the pit or quarry operation including crushing facilities, stockpiles, and screening operations;
iv)
Aggregate recycling facilities;
v)
Concrete batching plants;
vi)
Aggregate transfer stations;
vii)
Activities and operations associated with the progressive rehabilitation of the lands;
viii) A forestry, agricultural, conservation or passive recreation use which does not preclude or hinder current or future extraction of the resource may be permitted only where the lands are not being used for a mineral aggregate operation; and ix)
Existing uses.
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d)
Other land uses may be permitted subject to the policies in this section, and in accordance with the applicable land use policies of the Rural Land designation.
e)
Mineral aggregate areas will be zoned separately in the implementing by-law.
f)
A new asphalt plant or production of secondary related products in conjunction with a mineral aggregate operation, shall require a Zoning By-law amendment.
g)
Development of new sensitive land uses is not permitted in sand and gravel resource areas or bedrock resource areas, on lands within 300 metres of sand and gravel resource areas or on lands within 500 metres of bedrock resource areas, unless it can be demonstrated through a mineral aggregate impact assessment that such development shall not conflict with future mineral aggregate extraction. Examples of sensitive land uses are: i)
The creation of new lots
ii)
Rezoning to permit dwellings, community facilities, commercial operations
h)
Development of new sensitive land uses is not permitted on lands within 300 metres of a licensed sand and gravel pit or within 500 metres of a licensed bedrock quarry unless it can be demonstrated that the existing mineral aggregate operation, and potential future expansion of the operation in depth or extent, will not be affected by the development.
i)
In considering the development of new sensitive land uses, it must be demonstrated that:
j)
i)
Resource use would not be feasible; or
ii)
The proposed land uses, or development serves a greater long-term public interest; and,
iii)
Issues of public health, public safety, and environmental impact are addressed. This may necessitate the submission of other supporting information such as but not necessarily limited to, geo-technical and groundwater studies, noise, vibration and dust studies and, environmental impact assessment.
Development in or on lands adjacent to unconstrained areas of mineral aggregate deposits, shall be located and buffered sufficiently to ensure that the extraction is
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not limited and that the development is not affected by the noise, vibration, dust or other health and public safety issues that are related to the extractive activity. k)
l)
The Township may permit development on a vacant lot within the Mineral Aggregate designation or within 300 m of sand and gravel resource areas or the licensed boundary of an existing pit, and within 500 m of bedrock resource areas or the licensed boundary of an existing quarry subject to the following conditions: i)
The lot was created under the Planning Act prior to the approval of this Official Plan,
ii)
The use is permitted in the implementing by-law,
iii)
All requirements for individual on-site water and sewage services are met, and
iv)
New development shall be sited on the lot to minimize the impact upon future extraction of mineral aggregate resources, and/or the mineral aggregate operation.
In considering an amendment to the Official Plan and/the implementing by-law for the establishment of a new pit or quarry or the expansion of an existing pit or quarry, the Township will consider: i)
The location, nature, extent and economic potential of the mineral aggregate deposit;
ii)
The nature and location of adjacent land uses and the effect the pit and quarry operation could have on: -Natural heritage features, -Agricultural resources and activities, -Existing sensitive land uses, -The groundwater recharge functions on the site and in the immediate area, -Cultural heritage and archaeological resources in the area, -Surface water features in the area, and nearby wells and surface intakes used for drinking water purposes.
iii)
The capability of the existing road network to service the proposed operation;
iv)
The effect of the noise, odour, dust and vibration generated by the use and the use of haul routes on adjacent land uses, and
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v)
How the impacts of the proposed pit or quarry will be mitigated in order to lessen the impacts.
m)
Within the areas designated as Mineral Aggregate, the establishment of a new pit or quarry or the expansion of an existing operation onto lands not zoned for such use shall require an amendment to the Zoning By-law.
n)
The area to be zoned or licensed may extend beyond the boundaries of the designation shown on Map D provided such expansion is minor, reasonable, respects any separation distances and does not adversely effect existing uses in the area.
o)
Past producing aggregate operations or active extraction sites shall be subject to the provisions of the Aggregate Resources Act with respect to rehabilitation and/or closure.
p)
Progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of extraction, and to mitigate negative impacts to the extent possible.
q)
In prime agricultural areas, on prime agricultural land, the site shall be rehabilitated back to an agricultural condition. Complete rehabilitation to an agricultural condition is not required if: i)
the depth of planned extraction makes restoration of pre-extraction agricultural capability unfeasible; and
ii)
agricultural rehabilitation in remaining areas is maximized.
r)
Where an aggregate operation has been rehabilitated and the license surrendered, the lands may be redesignated for an appropriate land use.
s)
The Township will encourage comprehensive rehabilitation planning where there is a concentration of mineral aggregate operations.
4.6.1 a)
Wayside Pits and Quarries
Wayside pits and quarries used by the Township or its agents, are generally permitted throughout the Township without the need to amend this Official Plan or the Zoning By-law, except in areas of existing development or of particular
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environmental sensitivity which have been determined to be incompatible with extraction and associated activities. b)
Prior to the establishment of a wayside pit or quarry for Township purposes, Council will be advised by the Township’s Director of Public Services that the proposed operation qualifies as a wayside pit or quarry and that a permit has been issued by the Province under the authority of the Aggregate Resources Act.
4.6.2
Portable Asphalt Plants
The Township recognizes portable asphalt plants as an important part of aggregate operations. a)
Portable asphalt plants, used by the Township or its agents, are permitted throughout the Township without the need to amend this Official Plan or the Zoning By-law, except in those areas of existing development or of particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities.
b)
If asphalt for a public road project cannot be obtained from an existing asphalt plant, the portable plant should be located in a wayside pit, vacant industrial site, the highway right-of-way, or on inactive or less productive agricultural lands.
c)
Portable asphalt plants are subject to the following provisions: i)
The portable asphalt plant will be removed from the site upon completion of the project;
ii)
The portable asphalt plant must have an Environmental Compliance Approval from the Province and must meet the minimum separation distance required; and,
iii)
Where the site used for a portable asphalt plant is on Class 1 to 3 soils within the Prime Agricultural Area designation, the site should be rehabilitated with substantially the same area and soil capability in order for agricultural activities to be restored.
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4.7 Mining The Mining designation applies to mines operated in accordance with the Mining Act. Existing mines are shown on Map D. While there is no current mapping that indicates there is mineral potential within the Township, it is acknowledged that there may be new mineral deposits found over the life of this Plan. In these situations, mineral potential may be important to the Township. It is acknowledged that mineral potential may conflict with the other goals and objectives of the Official Plan. The Township will therefore exercise caution when considering a request for a mining operation to ensure that mining is permitted only under enforceable controls which maintain the environmental, residential, tourism, recreational, and economic goals and objectives of this Plan. a)
b)
c)
The following uses are permitted in the Mining designation: i)
mining and mining-related uses,
ii)
pits and quarries and related uses
iii)
A forestry, agricultural, conservation or passive recreation use provided they do not preclude or hinder future extraction of the resource
iv)
Existing uses
Mining areas will be protected from development which would preclude or hinder the establishment of a new mining operation or access to the resource unless: i)
The resource use would not be feasible; or
ii)
The proposed land use or development serves a greater long term public interest; and
iii)
Issues of public health and safety and environmental impacts are addressed.
In considering an amendment to the Official Plan and/or Zoning By-law for the establishment of a new mineral mining operation or the expansion of an existing operation, the Township will consider: i)
The location, nature, extent and economic potential of the mineral deposit;
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ii)
The nature and location of adjacent land uses and the effect the mining operation could have on: -Natural heritage features, -Agricultural resources and activities, -Existing Sensitive Land Uses, -The groundwater recharge functions on the site and in the immediate area, -Cultural heritage and archaeological resources in the area, -Surface water features in the area, and nearby wells and surface intakes used for drinking water purposes.
iii)
The capability of the existing road network to service the proposed location;
iv)
The effect of the noise, odour, dust and vibration generated by the use and the use of haul routes on adjacent land uses; and
v)
How the impacts of the proposed operation will be mitigated in order to lessen the impacts.
d)
Mineral mining operations will be zoned in a separate category in the implementing by-law. The sites approved for mining may be placed in one or more specific zoning categories to carefully control and regulate the use of land.
e)
Past producing mining operations or active mining operations shall be subject to the provisions of the Mining Act with respect to rehabilitation and/or closure. Petroleum resource operations shall be subject to provisions and regulations of the Oil, Gas and Salt Resources Act with respect to rehabilitation and/or closure.
f)
Progressive rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of mineral extraction, and to mitigate negative impacts to the extent possible.
g)
Where a mine or petroleum resource operation has been closed and rehabilitated, the lands may be redesignated for an appropriate land use.
4.8 Waste Management The Waste Management Designation is intended to locate and manage public or private waste disposal, management, and/or treatment. Waste management facilities and their adjacent influence areas are designated on Map A. a)
The following uses are permitted in the Waste Management designation:
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i)
municipally or privately operated waste disposal or management sites licensed by the Province;
ii)
waste transfer stations,
iii)
recycling stations,
iv)
composting facilities,
v)
sewage lagoons,
vi)
sewage treatment facilities,
vii)
landfill sites or former landfill sites,
viii) salvage yards b)
The types of wastes permitted shall be limited to municipal wastes and controlled wastes as defined by the Province.
c)
Under no circumstances shall any waste disposal site be used for the storage or disposal of nuclear, hazardous or pathological waste.
d)
Waste disposal, processing and transfer facilities must be established in accordance with the regulations and requirements of the Province including: i)
adequate separation distances between the waste management use and any sensitive use;
ii)
where a use is permitted by an Environmental Compliance Approval, the zoning category must identify the site as a waste management site; and
iii)
once any portion of an area used for waste disposal, processing or transfer ceases, no further use may be made of the site without Provincial approval.
e)
New or expanding waste management facilities shall proceed by way of an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control.
f)
In considering applications for the establishment of waste management facilities, appropriate studies shall be prepared which demonstrate to the satisfaction of the Township: i)
A need exists for the proposed use;
ii)
The proposed use is compatible with the adjacent uses;
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iii)
The requirements of all applicable legislation, including the Environmental Protection Act and the Environmental Assessment Act have been fulfilled;
iv)
The site is physically suited to the proposed use particularly with regard to topography, relief, landforms, soils and surface and ground water characteristics;
v)
The public road system is adequate to serve the site; and,
vi)
Adequate and appropriate buffering and landscaping are provided; and
vii)
The development will not adversely affect the community in terms of noise, dust, odour, visual impact, impacts to ground or surface water, or other social, economic or environmental impact deemed relevant by the Township.
g)
Waste Management uses shall be zoned in a separate category in the implementing by-law.
h)
Closed or inactive sites may be used for other purposes subject to meeting requirements of the Environmental Protection Act. In general, no buildings or other uses may be made of land used as a waste management facility within a period of 25 years from the year in which the site was closed without the prior approval of the Province. Exceptions include the use of the property for approved infrastructure programs.
i)
The designation on lands may be changed from Waste Management to another land use category once the Township has received confirmation that the site has been decommissioned and cleaned to the satisfaction of the Province.
j)
Where a former waste management site has been rehabilitated, the Official Plan will continue to identify the lands as a former waste management site on Map A.
k)
Where a proposal to redevelop a former waste disposal site does not require approval from the Province under the Environmental Protection Act, the Township may still require the proponent to provide studies or reports by qualified professionals to confirm that there will be no adverse effects from the former use on the proposed development. Where recommended by the reports, measures to mitigate any adverse effects will be required as a condition of development.
l)
Where a new sensitive land use is proposed within the former influence area of a closed waste disposal site, the Township may require the proponent to provide studies or reports by qualified professionals to confirm that there will be no
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adverse effects from the closed waste disposal site on the proposed development. Where recommended by the reports, measures to mitigate any adverse effects will be required as a condition of development. m)
No development shall be permitted within 30 metres of the fill area of an active waste disposal facility or area.
n)
Development shall not be permitted within the 500 metre influence area around lands designated or zoned for waste management use.
o)
The influence area and separation distance between a sensitive land use and the boundaries of any site designated or zoned Waste Management may be altered in accordance with the Provincial D-Series Guidelines and/or to reflect site-specific conditions without amendment to this Plan, subject to studies or reports prepared by a qualified professional that demonstrates that the proposed development, particularly a sensitive land use, will not be adversely effected by the waste disposal facility (e.g., leachate, methane gas, rodents, vermin, odours, fire etc.). Where recommended by the reports, measures to mitigate any adverse effects will be required as a condition of development.
p)
Minimum separation distances shall be established in the implementing by-law.
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5 Our Natural Environment In South Frontenac, the protection of environmental health is fundamentally linked to social well-being and long-term prosperity of the community. This section establishes policies to guide the development of the Township to ensure it protects the environmentally sensitive areas of the Township, and to protect development from hazards. Within this section, policies address how environmentally sensitive areas will be regulated, monitored, and protected, which areas or features may require an environmental impact assessment, and how the Township will guide development near protected lands within the Township. There are also policies to address natural hazards, human-made hazards and water resources.
5.1 Natural Heritage The Township is located within the Frontenac Arch Biosphere Region, which extends to include the St. Lawrence River and the 1000 Islands. The Frontenac Arch Biosphere Region is a designated United Nations Educational, Scientific and Cultural Organization (UNESCO) World Biosphere Reserve, identified for its globally significant ecological features. In particular, the Frontenac Arch Biosphere Region has been identified as being significant due to its role in connecting the Adirondack Mountains to the Canadian Shield. It houses a number of diverse ecosystems within the Township, including a rich mix of flora and fauna. The ecological significance of the Region is recognized in the number of hectares in the Township owned and conserved by the Province (e.g. Frontenac Provincial Park) and by not-for-profit conservation agencies. The Region provides north-south pathways that allow wildlife to maintain genetic diversity. Animals travel these pathways, birds follow them, and with global warming pushing climate zones northward, even plants are expanding along them. The protection of Natural Heritage features is critical to the quality of life and natural amenities that residents and visitors to the Township enjoy, including playing a role in
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moderating climate change impacts. The intent of the policies in this section is to guide the management and conservation of natural heritage features and areas. Natural heritage features and areas are important for their environmental and social values as a legacy of the natural landscapes of the area. They include wetlands, areas of natural and scientific interest, woodlands, valleylands, significant wildlife habitats, fish habitats, and habitats of endangered species and threatened species. Collectively, the natural heritage features and areas within a given area form a natural heritage system. It is intended that the features identified in South Frontenac will be conserved for their natural heritage value. Frontenac County recognizes the regional significance of natural heritage systems, and is planning to undertake an update to the County-wide Natural Heritage Study following the adoption of this Official Plan. This study will update existing natural heritage mapping and will consider a systems approach to natural heritage protection.
5.1.1
General Policies
a)
Known, mapped features of the Township’s Natural Heritage System are identified on Map C. Other features have not been mapped yet or cannot be identified on the Map to protect the species and their habitats. The Frontenac Arch Biosphere Region, large scale parks and conservation areas within the Township are shown on the map in Appendix D. Map C is to be used as an overlay to Map A - Land Use Plan.
b)
The Township supports the County’s work to update the County-wide Natural Heritage Study and will participate in the process.
c)
The Township will initiate an amendment to this Official Plan to implement County policy and mapping updates to ensure the Township plan remains in conformity with the County Official Plan.
5.1.2
Wetlands
Wetlands are habitat for a variety of plant and animal species, and are important for water quality, flood control, water storage and recharge areas, and for their value for passive recreation. Provincially significant wetlands, locally significant wetlands and unevaluated wetlands are identified as part of the Natural Heritage System on Map C.
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Wetlands are designated as Environmental Protection areas on Map A due to their importance. a)
Development and site alteration shall not be permitted in a wetland.
b)
Development and site alteration shall not be permitted on the adjacent lands to a Provincially significant wetland or locally significant wetland, unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the wetland or on their ecological functions. For the purpose of this policy, adjacent lands are defined as lands within 120 metres of a Provincially significant wetland, and defined as lands within 30 metres of a locally significant wetland.
c)
Any development or site alteration proposed on the adjacent lands shall also satisfy the land use policies of the underlying land use designation as shown on Map A.
d)
The Township may require an environmental impact assessment for development that is proposed on lands within 30 metres of an unevaluated wetland.
e)
Where a wetland exists but has not been identified on Map A or Map C of this Plan, or where a wetland is identified through an environmental impact assessment, the policies in this Plan shall apply.
5.1.3
Fish Habitat
It is the intent of the Township to protect fish spawning areas and fish habitat. a)
Development and site alteration shall not be permitted in fish habitat except in accordance with Provincial and Federal requirements.
b)
Development and site alteration on adjacent lands to fish habitat may require an environmental impact assessment to evaluate the ecological function of the adjacent lands and to demonstrate that there will be no negative impacts on the fish habitat or on their ecological functions. For the purposes of this policy, adjacent lands to fish habitat include a distance of 120 metres from the shoreline abutting the affected water bodies, including wetlands and watercourses.
c)
Where fish habitat is identified through an environmental impact assessment, the policies in this Plan shall apply.
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d)
Aany development or site alteration proposed within fish habitat or on the adjacent lands shall also satisfy the land use policies of the underlying land use designation as shown on Map A.
5.1.4
Endangered and Threatened Species
The Township is home to a large number of Species at Risk, including endangered species and threatened species. The Endangered Species Act, 2007 (ESA) prohibits the killing, harming, harassment, capture, or taking of a Species at Risk, and the damaging or destroying of their habitat. Endangered species and threatened species are listed / categorized on the official Provincial Species at Risk in Ontario list, as updated and amended from time to time. If at any time, species at risk that are listed under the ESA is encountered, work must stop immediately and the Province must be contacted. Property owners are encouraged to consult the ESA and related O. Reg 230/08, and to consult the public data made available on the Natural Heritage Information Centre (NHIC) database prior to undertaking development or site alteration. The NHIC includes information on the occurrence of endangered and threatened species and is an important screening tool for assessing the likelihood of the presence of endangered and threatened species habitat. a)
This Plan recognizes that endangered species and threatened species may exist throughout the Township. The habitat of such species is not identified on the maps that comprise this Official Plan, in order to protect the habitat from disturbance. Proponents must obtain this information from the Province to screen locations for the known presence of species at risk.
b)
Where habitat of endangered species and threatened species is identified through an environmental impact assessment, the policies in this Plan shall apply.
c)
Development and site alteration shall not be permitted within habitat of endangered species and threatened species, except in accordance with Provincial and Federal requirements. The conditions of any Environmental Benefit Permit will be part of any development applications submitted to the Township.
d)
Development and site alteration shall not be permitted on land adjacent to the habitat of endangered and threatened species, unless the ecological function of
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the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. e)
Agreements with the Township as a condition of development will inform the property owner about their obligations under the Endangered Species Act.
5.1.5
Significant Wildlife Habitat
Significant wildlife habitat is defined as areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter, and space needed to sustain their populations. Certain areas of the Township provide prime habitat for deer and are identified as a significant wildlife habitat. Winter deer habitat identified by the Province is identified as part of the Natural Heritage System on Map C. The Township seeks to preserve the function of these relatively large geographic areas while not unduly restricting development. Other types of significant wildlife habitat may include seasonal concentrations of animals, specialized habitats for wildlife, rare vegetation communities, and habitats of species of special concern. Not all significant wildlife habitats are mapped. a)
Development and site alteration shall not be permitted in significant wildlife habitat unless it has been demonstrated that there will be no negative impacts on the significant wildlife habitat or their ecological functions.
b)
Development and site alteration on lands within 120 metres of significant wildlife habitat shall not be permitted unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the significant wildlife habitat or on their ecological functions.
c)
Any new development or site alteration proposed within significant wildlife habitat or on adjacent lands shall also satisfy the land use policies of the applicable land use designation as shown on Map A.
d)
Where significant wildlife habitat is identified through an environmental impact assessment, the policies in this Plan shall apply.
e)
Any new development or site alteration proposed within significant wildlife habitat or on adjacent lands shall also satisfy the land use policies of the applicable land use designation as shown on Map A.
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5.1.6
Areas of Natural and Scientific Interest
Areas of natural and scientific interest (ANSI) are areas of land and water that contain natural landscapes or features that have been identified as having life science or earth science values related to the protection of the feature, scientific study, and/or education. Provincially and Regionally Significant Life Science and Earth Science ANSIs are identified as part of the Natural Heritage System on Map C. a)
Development and site alteration shall not be permitted in a Provincially Significant ANSI or a Regionally Significant ANSI, unless it has been demonstrated that there will be no negative impacts on the ANSI or on their ecological functions.
b)
Development and site alteration on lands within 120 metres of a Provincially or Regionally Significant Life Science ANSI shall not be permitted unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the ANSI or on their ecological functions.
c)
Development and site alteration shall not be permitted within 50 metres of a Provincially or Regionally Significant Earth Science ANSI, unless it has been demonstrated that such development will not negatively affect the overall character of the geological feature that resulted in the classification or contribute to potential cumulative impacts. An environmental impact assessment or other appropriate study may be required to assess the impact of the development or site alteration on this feature.
d)
Any new development or site alteration proposed within an ANSI or on adjacent lands shall also satisfy the land use policies of the applicable land use designation as shown on Map A.
5.1.7
Significant Woodlands
It is recognized that the woodlands and forests of South Frontenac have great ecological significance locally and internationally. Appendix E identifies the wooded areas within the Township.
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a)
Criteria for determining significance of any woodlands shall be in accordance with the Natural Heritage Reference Manual until such time that the County Natural Heritage Study is completed.
b)
Where significant woodland is identified through an environmental impact assessment, the policies in this Plan shall apply.
c)
Development and site alteration shall not be permitted in a significant woodland unless it has been demonstrated that there will be no negative impacts on the woodland or on its ecological functions.
d)
Development and site alteration on lands within 120 metres of a significant woodland shall not be permitted unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the woodland or on their ecological functions.
e)
Any new development or site alteration proposed within a significant woodland or on adjacent lands shall also satisfy the land use policies of the applicable land use designation as shown on Map A.
5.1.8
Significant Valleylands
a)
Criteria for determining significance of any valleylands shall be in accordance with the Natural Heritage Reference Manual until such time that the County Natural Heritage Study is completed.
b)
Where a significant valleyland is identified through an environmental impact assessment, the policies in this Plan shall apply.
c)
Development and site alteration shall not be permitted in a significant valleyland unless it has been demonstrated that there will be no negative impacts on the valleyland or on its ecological functions.
d)
Development and site alteration on lands within 120 metres of a significant valleyland shall not be permitted unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the valleyland or on their ecological functions.
e)
Any new development or site alteration proposed within a significant valleyland or on adjacent lands shall also satisfy the land use policies of the applicable land use designation as shown on Map A.
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5.1.9
Linkages and Biodiversity Areas
Natural heritage features and areas are connected through linkages and biodiversity areas to form the natural heritage system. This system interconnected to the natural heritage beyond our local boundaries and form part of the Frontenac Arch Biosphere Region. Linkages are not currently identified on any maps at this date of the adoption of this Plan by Council. Linkages may be identified through the completion of an environmental impact assessment through the development review process. These lands may be zoned or designated as Environmental Protection through future amendments to this Plan.
5.1.10 Environmental Impact Assessment a)
An appropriate level of background review and ecological site assessment may be required to determine the location and nature of natural heritage features or areas that may be present on an individual property prior to submission of a development application.
b)
The Township will require an environmental impact assessment (EIA) to provide for an assessment of the potential impact of a proposed development or site alteration on natural heritage features and shall be used to determine whether the proposed development, redevelopment or site alteration will result in negative impacts to the natural heritage features or on their ecological functions.
c)
The EIA will be undertaken by a qualified professional retained by the proponent of the development and/or site alteration.
d)
An EIA may need to address the need for a larger setback to adjacent lands depending on species or habitat sensitivity, site characteristics, and/or intensity of development or site alteration.
e)
A setback width may be recommended based on site-specific characteristics where negative impacts are not anticipated. For example, in an existing built-up area, or for proposals for small intrusions into adjacent lands requiring a Planning Act approval (e.g., minor variance).
f)
The components of the EIA shall be tailored to the scale of development and may range from a simplified assessment (scoped assessment) to a full-scale
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assessment. For example, a single detached dwelling may only require a scoped assessment while a subdivision, condominium, multiple unit residential development, major commercial or industrial development, golf course etc. will require a full site assessment. The Township may consult with other agencies in determining information requirements and the type and content of an EIA. g)
An EIA must be prepared in accordance with Provincial guidance documents and the Township’s guidelines for environmental impact assessment.
5.1.11 Implementation Measures a)
The Township may use community planning permits, zoning, site plan control, development agreements, and the provisions of the Municipal Act (i.e., site alteration controls, tree cutting and vegetation removal by-laws) as measures to implement recommendations or results of an environmental impact assessment or to govern the spatial relationship of buildings and structures to natural heritage features and areas.
5.1.12 Stewardship Activities One of the key factors that make South Frontenac such a unique place is that it is largely undeveloped, especially when compared to other parts of Ontario. The Township supports the development of stewardship activities in order to provide a broad prospective on protecting ecosystems and managing landscapes. This Plan recognizes that connectivity of landscapes and ecosystems is important for the long-term resilience of the natural environment in the Township and the broader region. a)
The Township supports consideration of new conservation areas, conservation easements and ecological stewardship and education programs within South Frontenac.
b)
The Township may support stewardship activities directly or indirectly through Township projects, budget allocation, grants and by supporting the research and work of conservation agencies, not-for-profit groups, and educational institutions.
c)
All landowners are encouraged to recognize forest resources and to: i)
manage all woodlands in accordance with good forest management practices;
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ii)
retain existing tree cover as much as possible, and particularly in areas of low capability soils, slopes, major drainage swales and flood prone areas to reduce runoff rates and minimize soil erosion;
iii)
establish and retain windbreaks to reduce wind erosion; and,
iv)
reforest non-productive farmland where it is not providing significant wildlife habitat or habitat of endangered species and threatened species.
5.2 Natural and Human Made Hazards Development in areas of natural and human-made hazards can pose an unacceptable risk to public health and safety, and of property damage. It can also create new or aggravate existing hazards. Risks may be exacerbated by extreme weather events and climate change.
5.2.1
Natural Hazards
Natural hazards which are known to be present in the Township include flooding and erosion, unstable soils, and bedrock (i.e., karst topography), and wildland fire hazards. The Township collaborates with Conservation Authorities to identify natural hazards with the exception of wildland fire hazards, which are identified by the Province. a)
Development shall generally be directed to areas outside of hazardous lands adjacent to waterbodies and watercourses which are impacted by flooding hazards and/or erosion hazards.
b)
Development shall generally be directed to areas outside of hazardous sites including unstable soils or bedrock.
c)
Development shall generally be directed to areas outside of lands that are unsafe for development due to the presence of hazardous forest types for wildland fire.
d)
Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is: i)
An institutional use including hospitals, long-term care homes, retirement homes, pre-schools, school nurseries, day cares and schools,
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e)
f)
ii)
an essential emergency services such as those provided by fire, police, ambulance stations, and electrical substations, or
iii)
uses associated with the disposal, manufacture, treatment, or storage of hazardous substances shall not be permitted.
Except where prohibited, development and site alteration may be permitted on in those portions of hazardous lands and hazardous sites where the effects and the risk to public safety are minor so as to be managed or mitigated in accordance with Provincial standards, as determined by demonstrating and achieving all of the following: i)
Development and site alteration is carried out in accordance with floodproofing standards, protections work standards, and access standards;
ii)
Vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion, and other emergencies;
iii)
New hazards are not created, and existing hazards are not aggravated; and
iv)
No adverse environmental impacts will result.
The Township will take a comprehensive approach to natural hazard management for all development and site alteration proposals considering factors including but not limited to: i)
Risk to life and property;
ii)
Upstream and downstream impacts and the cumulative impacts of development on the overall hazard level;
iii)
The impacts of a changing climate that may increase the risk associated with natural hazards; and,
iv)
Impacts to natural features and areas including their ecological and hydrologic functions.
5.2.1.1 Erosion Hazard and Steep Slopes Lands along waterbodies and watercourses, and lands characterized by steep slopes can pose risks to people and property resulting from potential slope instability or erosion. Development on steep slopes or erosion-prone lands can have significant
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negative impacts on natural heritage features and areas, surface water quality and quantity, and other resources. a)
Appropriate setbacks from steep slopes and erosion-prone lands are important to minimize risks to people and property. Setbacks will be imposed from steep slopes and erosion hazards relative to the extent of severity of the hazard, in consultation with the Conservation Authority.
b)
The Township may require the submission of a geotechnical report or slope stability assessment prepared by a qualified professional to ensure that the property is suitable for development to the satisfaction of the Township and the Conservation Authority.
5.2.1.2 Flooding Hazards Flooding is a natural occurrence along all waterbodies and watercourses in the Township. It becomes a hazard when buildings or structures are placed where there is a risk of inundation. Minor flooding occurs on a seasonal basis. The 1:100 year event is used for planning purposes in the Township. Flood plain management policies are intended to prevent the loss of life, to minimize property damage and social disruption, and to encourage a coordinated approach to the use of land and management of water. The flood plain is not included on the mapping included in the Official Plan. Lands within South Frontenac are regulated by three Conservation Authorities: Cataraqui Conservation, Rideau Valley Conservation Authority and Quinte Conservation. Each Conservation Authority has its own mapping and regulations that identify the flood plain within their own jurisdiction. The inclusion of flood plain mapping in the Official Plan may occur in the future. a)
Development and site alteration is prohibited within areas that are subject to flooding hazards, except for those uses that by their nature must be located within the flood plain, such as flood and/or erosion control structures, shoreline stabilization works, water intake facilities and marine facilities such as docks and access stairs, subject to approval by the Township and any applicable Federal or Provincial ministry and Conservation Authority.
b)
Uses such as agriculture, forestry, conservation, wildlife management, outdoor education uses and similar activities are permitted, provided that no associated buildings or structures are located in the flood plain.
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c)
Appropriate setbacks from flooding hazards are important to minimize risks to people and property. Setbacks will be imposed from flooding hazards relative to the extent of severity of the hazard, in consultation with the Conservation Authority.
d)
The Township may require the submission of a floodplain management study prepared by a qualified professional to ensure that the property is suitable for development to the satisfaction of the Township and the Conservation Authority.
5.2.1.3 Unstable Soils Lands with the potential for unstable soils include those that possess organic soils, as identified by the Canada Land Inventory for Agricultural Capability. There are no unstable soil maps for the Township. Organic soils are normally formed in a water saturated environment (e.g., wetland) where the soil is not exposed to the air for enough time to permit the breakdown of vegetative material. These soils do not contain sufficient strength to support a building or structure. a)
Where development is proposed on lands identified as having potential for unstable soils, the Township may require sufficient soils and geotechnical engineering information to indicate that the lands are either suitable or can be made suitable for development.
5.2.1.4 Unstable Bedrock – Karst Topography Karst topography describes the formations caused by a combination of physical erosion and chemical dissolution of rock by surface water or groundwater. It can lead to hazards including sink holes, fissure widening, bedrock collapse and preferential pathways to groundwater. Such features have the potential to adversely impact water supplies through reduced filtration and rapid transport of contaminants and may present a hazard to human health and safety. Karst topography is not mapped as part of this Official Plan. Conservation Authorities and the Province have the most accurate current mapping of karst topography in the Township. a)
Where development is proposed on lands identified as having potential for unstable bedrock, the Township may require sufficient geotechnical engineering information to indicate that the lands are either suitable or can be made suitable for development.
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b)
Proponents of development may be required to prepare an aquifer vulnerability and karst assessment report to the satisfaction of the Township and applicable Conservation Authority to determine the presence of any hazard associated with unstable bedrock and any drinking water threat it may pose, and necessary mitigation measures. Such assessment report may be required for development in areas of known or inferred unstable bedrock, and sites exhibiting any evidence of karst formations such as disappearing streams, sinkholes, caves, and vertical fissures.
5.2.1.5 Wildland Fires The Province has identified areas that have potential for wildland fire. Classification of wildland fire risk in the Township is shown on Map G. a)
Development shall generally be directed to areas outside lands that are unsafe for development due to the presence of hazardous forest types of wildland fire, specifically forest types assessed as being associated with the risk of high to extreme wildland fire.
b)
Development may be permitted in lands with hazardous forest types for wildland fire where the risk is mitigated in accordance with wildland fire assessment and mitigation standards.
c)
Any wildland fire assessment must provide a site-specific assessment for wildland fire risk, confirm the presence of a hazardous forest type for wildland fire, and include proposed mitigation measures, if required.
5.2.2
Human Made Hazards
5.2.2.1 Contaminated Sites, Site Decommissioning and Clean-up Potentially contaminated sites include lands where contaminants may be present due to previous commercial, industrial, transportation, utility, mining, or similar uses. Sources of site contamination can include disposal of waste materials, raw material storage, residues left in containers, lands associated with public works yards, rail operations, maintenance activities, and fuel and chemical spills. It is the intent of the Township to ensure the proper decommissioning and clean-up of contaminated sites prior to their redevelopment or reuse.
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a)
Applications for the development or redevelopment of sites that are identified as being contaminated or potentially contaminated shall be supported by at minimum a Phase I Environmental Site Assessment (ESA). A Phase II ESA should be completed when warranted by the outcome of a Phase I ESA. Clean-up of contaminated sites should be done in accordance with the Record of Site Condition Regulation (Ontario Regulation 153/04) and Provincial guidelines.
b)
Contaminated sites may be placed in a holding zone in the implementing by-law, to be removed when a Record of Site Condition is filed in the Environmental Site Registry.
5.2.2.2 Abandoned Mines, Pits and Quarries There are a number of abandoned exploration trenches, mine sites and mineral resource operations in the Township. There are also abandoned pits and quarries. Known locations are identified on Map D. These abandoned sites vary widely in nature, from little more than minor ground disturbances to major excavations and/or shafts. In the case of more major disturbances, a risk to public safety may exist. a)
The Province maintains the Abandoned Mines Inventory System (AMIS) which contains information relating to potential mine sites. The Township shall require that an applicant consult with the appropriate Provincial ministry for any development within one kilometre of an identified abandoned mine site identified on Map D and to undertake any remediation measures as legislated under the Mining Act. Development on an abandoned mine site, or on lands adjacent to an abandoned mine site, shall be permitted if measures to address and mitigate known or suspected hazards are underway or have been completed to the satisfaction of the Township and Province. A study completed to permit development shall identify health and safety concerns, identify rehabilitation measures, and identify required mitigation measures.
b)
Where the Province has provided to the Township that the Abandoned Mine Site does not pose a threat to public health and safety as per the development proposed, the Township shall not require a study to be undertaken or an amendment to this Plan, provided all other policies in this Plan are met.
c)
Development on, or adjacent to, lands affected by mine hazards, former mineral mining operations, or former pits and quarries may be permitted only if rehabilitation or other measures to address and mitigate known or suspected hazards are under way or have been completed.
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5.3 Water Resources Lakes, rivers, and underground aquifers are used to supply drinking water to the residents and businesses of the Township. It is in the community’s interest to protect the quantity and quality of source water to ensure that safe potable drinking water is available for the long term. Having clean and plentiful sources of water also supports tourism and recreation and provides habitat for fish and wildlife. In order to maintain the quality and quantity of water, it is the intent of the Township to restrict development and site alteration near sensitive surface water or groundwater features, protect and enhance the “ribbon of life” along waterbodies, restrict waterbased activities that may be harmful to the aquatic environment, implement appropriate stormwater management and pollution control measures, and implement the regional source protection plans.
5.3.1
Lake Capacity
The Township has considerable interest in maintaining the quality of its surface water resources. It is important that development not exceed the recreational or water quality capacity of a lake to accommodate development and not contribute negatively to the aquatic environment. It may be necessary to protect lakes and their aquatic ecosystems by limiting development that would contribute to enhanced nutrient inputs or negative impact associated with erosion. This Plan recognizes that the following factors may limit the development capacity on lakes: a)
Surface capacity for recreation; and
b)
Water quality.
5.3.2
Surface Capacity for Recreation
Research has established relationships between recreational development on a given lake, and the resulting use of the lake’s surface area for fishing, boating, swimming, water skiing, and other related activities. Beyond a certain limit, the amount of recreational use on a given lake will significantly reduce its attractiveness for waterfront
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residents and visitors. As well, in some circumstances, recreational boating can intensify to the point where public safety is at risk. a)
A boating capacity study may be required for proposed waterfront development that has the potential to unduly add to existing aquatic recreational stresses, conflicts, and hazards. This study must demonstrate to the Township’s satisfaction: i)
that the boating activity generated by the proposed development will not unduly add to existing aquatic recreational stresses, conflicts, and hazards;
ii)
that any impacts can be mitigated so that the lake’s recreational attractiveness will be maintained or enhanced; and,
iii)
that issues of public safety are minimized.
b)
The Township may use community planning permits, zoning, site plan control and development agreements as measures to implement recommendations or results of a boating capacity study.
c)
There are localized areas such as narrow channels, near existing marinas, and in the vicinity of lock stations where there is potential for boater conflicts. Proponents of large-scale water-oriented development projects will be required to consult with the Township during the preparation of a concept to assess the effect of development on safe and enjoyable navigation of lakes. Parks Canada shall be consulted for development on the Rideau Canal.
5.3.3
Lake Trophic Ecosystem State
Lakeshore capacity assessment is a planning tool that can be used to control the amount of phosphorus, a key pollutant, from entering lakes by controlling waterfront development. The Township endorses the use of the lakeshore capacity model as developed by the Province in the Lakeshore Capacity Assessment Handbook (2010, as amended) as a means to appropriately plan for waterfront areas within the Township. A lake impact study is another method to assess potential lake impacts that may result from a proposed development. These studies are smaller in scale than a lake capacity assessment and are site specific. A lake impact study looks at historic and existing water quality data from qualified sources for the relevant lake and uses this information as a baseline to ensure that provincial water quality objectives are met for the lake. Other data that is considered includes how many lots are already on the lake, including
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how many vacant lots of record exist. Site specific data includes features such as the provision of a detailed development envelope, a soils assessment, and details on the amount of proposed phosphorous loading. The data is be combined with the implementation of best management practices such as storm water management, vegetative buffers, erosion and sediment controls, optimal locating of sewage systems and ensuring that all relevant zoning standards related to waterfront development are achieved or exceeded. a)
The Township will encourage and support the continued and enhanced monitoring of lake trophic state, the identification of increasing nutrient concentration trends, and harmful algal blooms by the Province, lake associations, and conservation authorities for all lakes.
b)
The Township, in consultation with the relevant agencies, will use lake characterization and / or monitoring information to identify appropriate best management practices with the overall goal of net lake health improvement to build lake system resilience, when reviewing the policies of this Plan.
c)
Development will not be permitted where a negative impact on water quality would be the result, and where such impact(s) could not be adequately mitigated.
d)
Development shall be designed to enhance and protect the sensitive nature of the waterfront area and water quality in accordance with Section 3.10.
e)
A lake impact study will be required to assess the effect of development and additional nutrient loadings on surface water quality for: i)
any development proposal that would result in the creation of more than three lots or dwelling units having direct or deeded water access.
ii)
any major development proposal, as determined by the Township, for a nonresidential use within 300 metres of a waterbody.
f)
The Township may require a lakeshore capacity assessment instead of a lake impact study if it is determined by the Township that the scale and/or impact of the development will be significant.
g)
The lake impact study or lakeshore capacity assessment will be undertaken by a limnologist or other qualified professional retained by the proponent of the development and/or site alteration.
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5.3.4
Lake Trout Lakes
Lakes which have suitable quality of water to be managed for lake trout are a limited and non-renewable resource and thus the protection of this resource is an objective of this Plan. In addition to the management of these lakes for environmental reasons, the protection of these lakes is important for the recreational and tourist nature of the area. The Township has the highest concentration of native lake trout lakes in the eastern Ontario. Lake trout require cold, deep, well-oxygenated water for survival. Warming of the planet and atmosphere alters temperature patterns in lakes with the potential to directly impact the cold-water habitats on which lake trout populations are reliant. Increased nutrient loads from development can negatively impact dissolved oxygen which decreases the ability of lake trout to thrive and may ultimately lead to increased mortality. The majority of lake trout lakes in the Township are considered to be “at-capacity” for development because the fish habitat is degraded and water quality is poor, making them extremely sensitive to nutrient loading that can occur as a result of further development. Their status is classified by the Province. At-capacity lake trout lakes are indicated on Map C. a)
Mapping showing the status of the lake trout lakes shall be updated without the need for an amendment to this Plan, and the appropriate policies applied to development, should the Province change the classification of any lake trout lake (i.e. it becomes at-capacity or no longer at-capacity).
b)
Existing development rights are recognized on at-capacity lake trout lakes. New development shall not be permitted unless unique or special circumstances allow the development to occur. Prior to the approval of the development proposal within 300 m of the at-capacity lake trout lake, detailed studies will be required to demonstrate that the physical features, design and siting of the development will not have an adverse impact upon the quality of the lake and related lake trout habitat. The Province shall be consulted in these circumstances.
c)
Development involving the creation of a new lot, additional residential units, or a non-residential land use is prohibited within 300 metres of an at-capacity lake trout lake except where one or more of the following applies:
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i)
There is a need to separate existing, habitable dwellings each having individual on-site water and sewage services, provided that the land use would not change, and the lots conform to the Land Division policies of this Plan.
ii)
If the proposed development is a non-residential use, it includes appropriate stormwater management design and it does not involve or require any new individual on-site or communal sewage disposal systems, or expansion of existing systems.
iii)
The leaching or disposal bed for a sewage system on each new lot will be located:
-Is at least 300 metres from the highwater mark of the lake or a connected bay; or -Such that they would drain into the drainage basin of another waterbody, which is not at-capacity. d)
Land uses that represent a significant phosphorus loading to an at-capacity lake trout lake, such as a golf course, shall be prohibited.
e)
A residential lot of record within 300 metres of an at-capacity lake trout lake, or its tributaries, may be developed for a single detached dwelling in accordance with the applicable policies of this Plan.
f)
For redevelopment of non-residential properties within 300 metres of an atcapacity lake trout lake, or a connected bay, the proposed new use shall have a scale and density that is less than currently exists on the property and demonstrate no net change or a net reduction of phosphorus loading on the lake. Prior to any development being approved, a lake impact study shall be completed to the satisfaction of the Township and the Province. The study must consider and provide recommendations on such matters as hydrogeology, soil types or overburden, vegetation, topography and slope, the location of existing and proposed land uses and a comparison of pre and post development nutrient loadings on the adjacent waterbody. Township staff shall consult with the appropriate Provincial ministry staff to determine the appropriate scope and terms of reference for any such study on an at-capacity lake trout lake.
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5.3.5
Lake Management Plans
A Lake Management Plan (LMP) is an approach by a lake association to identify and protect the physical, environmental and social values of a lake or river system. A LMP can result in a long-range vision for the lake community that can be implemented through stewardship direction and potential land use policies. a)
The Township endorses the development of LMPs by lake associations, particularly those lakes that may be experiencing development pressure.
b)
This Plan may be amended to include policies that identify Lake Management Plans that have been completed.
5.3.6
Subwatershed Planning
Watershed systems need to be respected to ensure that water resources are available in sufficient quantity and quality for environmental, social, and economic benefits. The integrity of aquatic, riparian and related terrestrial ecosystems need to be respected, and maintained and enhanced as necessary. The Rideau Valley Conservation Authority has produced subwatershed and catchment reports for lakes and areas within the Rideau watershed and Cataraqui Conservation has produced watershed report cards which document the condition of the watersheds and pinpoints areas requiring further attention. a)
The Township, in consultation with the relevant Conservation Authority, will have regard to subwatershed and catchment reports, as well as watershed report cards, prepared by a competent and recognized authority, in the decision-making process for planning applications and in future policy updates.
b)
The Township supports enhanced water quality monitoring programs carried out by, or under the supervision of, competent and recognized authorities.
c)
The need to prepare a subwatershed plan for any given area should be determined following consultation with the Conservation Authority and Provincial ministries;
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d)
Subwatershed plans for undeveloped areas should have regard to the portion of the affected watershed that has already been developed or committed for development through this Plan; and,
e)
This Plan may be updated to incorporate policies from subwatershed plans.
5.3.7
Stormwater Management
Stormwater management is required to control flooding, erosion and sedimentation and to enhance water quality, aquatic habitat and groundwater recharge. It has implications for human health and well-being, local economies, and the natural environment. a)
Stormwater management techniques must be used in the design and construction of all development to control both the quantity and quality of stormwater runoff.
b)
Development proposals are to be accompanied by stormwater management plans and lot grading and drainage plans where required by the Township and/or Conservation Authority.
c)
Stormwater management plans shall align with any comprehensive municipal plans for stormwater management that consider cumulative impacts of stormwater from development on a watershed scale.
d)
Development shall incorporate methods of stormwater management in accordance with the standards of the Province, the Township and the Conservation Authority.
e)
Approaches to storm water management that encourages re-absorption of surface water into the ground will be encouraged.
f)
Where possible, the natural undisturbed soil layer, natural vegetation, and trees should be preserved during and after development. Where not possible, revegetation or, at a minimum, installation of permeable pavers or other pervious surfaces should be used to manage the absorption of stormwater.
g)
Low impact development and green infrastructure are encouraged approaches to address stormwater management.
h)
Efforts must be made so that development minimizes: i)
Nutrient enrichment;
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ii)
Bacteriological contamination;
iii)
Toxic contamination;
iv)
Sediment and phosphorous loading;
v)
Changes in flood levels and base flows in waterbodies;
vi)
Changes in water temperature in waterbodies and watercourses;
vii)
Disruptions to fish habitat; and
viii) Groundwater contamination. i)
The use of erosion and sediment control measures such as the installation and maintenance of silt fencing, the replacement of ground planting of native vegetated buffers, and the use of measures to promote infiltration (such as low impact development and Best Management Practices) will be implemented as appropriate.
5.3.8
Drinking Water Source Protection
Uncontaminated and plentiful surface and groundwater resources are essential to the safe and adequate provision of drinking water. In order to meet the present and future needs of residents, businesses, and the natural environment, it is the intent of this Plan to ensure sustainable surface and groundwater resources through the protection, conservation and careful management of the quality and quantity of water as drinking sources. Water contamination is extremely difficult, costly, and sometimes impossible to rectify, so prevention of contamination is the most appropriate strategy. The Cataraqui Source Protection Plan, Mississippi-Rideau Source Protection Plan, and Quinte Source Protection Plan contain policies intended to mitigate or eliminate threats to source water. These plans are intended to protect vulnerable areas including wellhead protection areas and intake protection zones around municipal residential drinking water supplies, as well as significant groundwater recharge areas and highly vulnerable aquifers from activities identified as drinking water threats, per the Clean Water Act, 2006. This Plan is consistent with the intent of policies included in these plans.
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5.3.8.1 General Policies a)
The Township will conform or have regard to the policies of the Cataraqui Source Protection Plan, Mississippi-Rideau Source Protection Plan, and Quinte Source Protection Plans, as appropriate.
b)
The Township may implement alternative protection measures within vulnerable areas where the vulnerability score is eight or greater including, but not limited to, land acquisition, conservation easements, conditions of development, and landowner partnership programs.
c)
Prior to establishing a new municipal drinking water well, the Township shall participate in the Source Protection Plan amendment process as required by the Clean Water Act, 2006.
d)
In the event of conflict between long-term protection of drinking water sources and other considerations; drinking water protection shall take priority.
e)
Monitoring and reporting by the Township will be consistent with requirements and / or recommendations in the Source Protection Plans and, in a format specified by the Source Protection Authorities.
f)
Intake protection zones, wellhead protection areas, significant groundwater recharge areas, and highly vulnerable aquifers are shown on Map E. Map E is to be used as an overlay to Map A - Land Use Plan.
5.3.8.2 Sydenham Intake Protection Zone The Sydenham Settlement Area is serviced by a municipal water system. The Township draws the water for this system from Sydenham Lake. There are Intake Protection Zones (IPZ) on the land and water surrounding the intake pipe. A large portion of the IPZ is within the boundaries of Sydenham Lake. On land, the IPZ consists mainly of waterfront residential properties. It also includes the Sydenham water treatment plant, a municipal park and boat launch facility, a few farms, and part of the village of Sydenham, which has a variety of residential, commercial, and institutional land uses. a)
New development and/or expansions to existing development that involve waste disposal sites within Sydenham Intake Protection Zone 1 and wastewater
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treatment facilities, including related infrastructures, within Intake Protection Zones 1 and 2, are prohibited where they would constitute a significant drinking water threat. b)
New development and/or expansions to existing development within Sydenham Intake Protection Zones 1, 2 and 3a that involve the storage or manufacture of potential contaminants (that could include Dense non-aqueous phase liquids (DNAPLs), organic solvents, commercial fertilizers, liquid fuel, pesticides, sewage, and road salt) where they would constitute a moderate or low drinking water threat may be subject to the implementation of risk management measures to protect the drinking water supply.
c)
New development and / or expansions to existing development within Sydenham that involve the discharge of stormwater from a stormwater retention pond where it would constitute a drinking water threat should incorporate stormwater management features into building and site plans to reduce the volume of contaminants entering storm sewer systems and roadside ditches draining into Sydenham Intake Protection Zone 1 and / or 2, or to Sydenham Lake.
d)
New development and/or expansions, alterations or redevelopment of existing development for all non-residential uses within Intake Protection Zones 1 and 2 where significant drinking water threats can occur, may be permitted, if the Risk Management Official (RMO) is satisfied that the proposal will be carried out in accordance with policies in the Cataraqui Source Protection Plan (e.g., the significant threat to the drinking water ceases to exist, developing a risk management plan). Submission of correspondence from the RMO under Section 59 of the Clean Water Act, 2006, is required for all non-residential planning applications or land use changes, as per the Restricted Land Use Referral Process.
e)
The implementing by-law will prohibit land uses that involve activites that constitute significant drinking water threats in the Intake Protection Zones. The implementing by-law will also define restricted land uses within the Intake Protection Zones that must be screened by the Risk Management Official (RMO) to ensure that any Clean Water Act prohibition or risk management plan requirements are met prior to processing a Planning Act, Condominium Act or building permit application.
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6 Our Cultural Heritage The intent of this Plan is to conserve protected heritage properties, including built heritage resources and cultural heritage landscapes, and archaeological resources. Buildings, structures, monuments, artifacts of value or interest, spaces, views and archaeological sites are examples of these resources. This section contains policies that intend to conserve these resources, and to foster collaborative relationships with Aboriginal groups. The general locations of known cemeteries and burial sites are indicated on Map I.
6.1 General Policies a)
The Township supports the conservation of protected heritage properties, including built heritage resources and cultural heritage landscapes, and archaeological resources for the benefit of the community.
b)
The Township will encourage and foster public awareness, participation and involvement in the preservation, restoration and utilization of cultural heritage resources while also encouraging public and private financial support for the conservation of protected heritage properties.
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6.2 Protected Heritage Properties a)
The Township will maintain a register of built heritage resources that are considered significant and have been publicly identified by one or more of the following means: i)
designated under the Ontario Heritage Act
ii)
protected by a heritage conservation easement entered into under the Ontario Heritage Act;
iii)
designated by the National Historic Sites and Monuments Board as a National Historic Site or National Park;
iv)
identified as a UNESCO World Heritage Site;
v)
identified by the Province of Ontario;
vi)
identified by the Federal Heritage Building Review Office as a Classified or Recognized Federal Heritage Building, or listed under the Historic Railway Station Protection Act or the Historic Lighthouse Protection Act; and/or,
vii)
endorsed by Council as having cultural heritage value or interest based on evaluation criteria established by the Province in Ontario Regulation 9/06.
b)
The Township may designate, by by-law, properties, heritage conservation districts, cultural heritage landscapes, and areas having historic and architectural value or interest under Parts IV and V of the Ontario Heritage Act.
c)
The Township shall require a heritage permit before erection, demolition, alteration or removal of any building or structure or alteration of external portion of a protected heritage property.
d)
Development and site alteration on or adjacent to a protected heritage property shall not be permitted except where the proposed development and site alteration has been evaluated through a Heritage Impact Statement and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved.
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e)
A Heritage Impact Statement shall be prepared by a qualified Heritage Consultant to demonstrate that the heritage attributes of the protected heritage property will be conserved. Mitigation measures and/or alternative development approaches may be required to conserve the heritage attributes of the protected heritage property affected by the development or site alteration.
f)
Where significant cultural heritage landscapes are identified, they may be designated pursuant to the Ontario Heritage Act.
g)
The Township may use parkland dedication provisions to secure a cultural heritage landscape.
6.2.1
Rideau Canal
The Rideau Canal travels through the eastern end of the Township, as identified on Appendix C of this Plan. This Official Plan acknowledges that the Rideau Canal is a National Historic Site, a Canadian Heritage River, and also a World Heritage Site. The Rideau Canal is recognized for its construction and engineering technology, its integrity and authenticity, the contribution and sacrifices of canal construction labourers, its military purpose, and its contributions to the social and economic development of Upper Canada. It is the intent of this Plan to conserve the natural, cultural, scenic and tourism landscapes and resources associated with the Rideau Canal, in cooperation with Parks Canada and other agencies having jurisdiction, as well as the other municipalities along the waterway. The Township recognizes the significant and historic value of the views from the canal and canal lands to the heritage shore lands and communities at Upper and Lower Brewers lock stations. It is also the intent of this Plan to assist with implementing the Rideau Corridor Landscape Strategy. The lands located adjacent to the Rideau Canal are recognized as a special area. In addition to other applicable policies of this Plan, the following policies apply to the Rideau Canal, the lock stations, and all lands adjacent to the Canal: a)
The Township shall work with Parks Canada to identify the cultural heritage, natural heritage, and scenic features and vistas of the Rideau Canal landscape, and will protect those values through appropriate land use policies and designations, cultural and natural heritage policies, and view protection policies.
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b)
The Township will engage Parks Canada on any issues that relate to the Rideau Canal.
c)
The Township shall prohibit development and site alteration that would: i)
Alter the size, shape and/or configuration of the Rideau Canal; and,
ii)
Interfere with the safe and efficient navigation of the Rideau Canal.
d)
The Township may adopt design guidelines for new development on lands adjacent to the Rideau Canal.
e)
Development or site alteration on lands adjacent to the Rideau Canal shall conserve and respect the cultural heritage resources.
f)
The Township may require an increased development setback from the water to preserve and/or enhance the aesthetic and cultural heritage resources associated with the Rideau Canal, where deemed appropriate, such as along narrow channels, and in consultation with Parks Canada.
g)
New buildings and structures should be designed to complement the landscape character and cultural heritage value of the surrounding area. Buildings should be in proportion to the size and frontage of the property and fit in with the surrounding built environment. New buildings should be low profile and not exceed the height of the tree canopy.
h)
The Township may require that a Heritage Impact Statement be prepared by a qualified professional to the satisfaction of the Township for any development proposal that has the potential to adversely affect the cultural heritage value of the Rideau Canal. The scope of the Heritage Impact Statement is to be determined in consultation with Parks Canada, and must include information relevant to the circumstances, including alternative development approaches or mitigation measures to address any impact to the Rideau Canal and its associated cultural heritage landscape and built heritage resources.
6.3 Archeological Resources a)
The Township recognizes that there are precontact and historic archaeological sites, and areas containing archaeological potential within the Township. Areas of archaeological potential will be determined through the use of Provincial screening
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criteria, or potential mapping. Provincial screening criteria include the consideration of factors such as proximity to known archaeological sites, burial sites, or cemeteries, present or past water sources, well-drained sandy soil, elevated topography, distinctive landforms, resource extraction areas and historic transportation routes or other places of past human settlement. b)
The Township supports the development of an archaeological management plan to conserve and manage archaeological resources and to provide direction in determining areas of archaeological potential requiring assessment. The Township may work collaboratively with the County to undertake a regional archaeological management plan.
c)
Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. Where significant archaeological resources are preserved on site, development and site alteration shall maintain the heritage integrity of the site.
d)
An archaeological assessment is required for development and site alteration proposed adjacent to a known cemetery or burial site.
e)
The Township shall require an applicant to undertake an archaeological assessment of lands identified as having archaeological potential to determine the nature and extent of any archaeological resources on the site. The archaeological assessment shall be conducted by an archaeologist licensed under the Ontario Heritage Act and shall be in compliance with the Standards and Guidelines for Consultant Archaeologists set out by the Province.
f)
The Township will keep confidential the existence and location of archaeological sites to protect against vandalism, disturbance, and the inappropriate removal of resources.
g)
The Township may consider preserving identified significant archeological sites through the implementing by-law.
h)
The Township shall contact the appropriate Provincial ministries and the Ontario Provincial Police when an unmarked human burial site or new archaeological site(s) is discovered and the provisions under the Ontario Heritage Act and Funeral, Burial and Cremation Services Act shall apply.
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6.4 Engaging with Aboriginal Communities on Cultural and Archeological Heritage The Algonquin Traditional Territory is composed of a diversity of indigenous cultural landscapes. An Indigenous cultural landscape is a living landscape that indigenous people value because of their enduring relationship with that place and its continuing importance to their cultural identity. For the Algonquins, Traditional Environmental Knowledge, an intimate knowledge of an area’s landforms, plants and animals, is reflected in an indigenous cultural landscape. Many archaeological sites within the Algonquin Traditional Territory are small and contain a minimal amount of archaeological material, and these materials may be of great significance to the Algonquins of Ontario. For thousands of years the Algonquin Traditional Territory was characterized by glacial lakes and/or inland seas, resulting in high water levels that have left a sequence of paleo-shorelines and associated archaeological sites often far inland from modern shorelines that are the familiar focus of many archaeologists. The archaeological ‘visibility’ of sites on relic shorelines and fossil islands in the Algonquin Traditional Territory is further affected by the use of local stone for tools, a technology which may be unfamiliar to archaeologists but visible to Algonquins. The Algonquins of Ontario regard all cultural heritage sites – from sacred burials to everyday stone tool workshop sites – to be of importance and worthy of investigation and protection. a)
The Township shall engage with Aboriginal communities including the Algonquins of Ontario on matters that affect Aboriginal history and culture.
b)
The Township shall engage early with Aboriginal communities including the Algonquins of Ontario and ensure their interests are considered when identifying, protecting, and managing archaeological resources, built heritage resources and cultural heritage landscapes.
c)
Aboriginal communities including the Algonquins of Ontario will be consulted when development on culturally significant lands is planned or where archaeological
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assessments are required. This includes notifications of the intention to complete Stage 1 through Stage 4 Archaeological Assessments, the review of these draft reports, as well as the participation of Algonquin Liaisons or other aboriginal liaisons during Stages 2 through Stage 4, and possibly Stage 1 if a site visit is planned. d)
The Algonquins of Ontario shall be notified if any artifacts of Aboriginal interest or human remains are identified in an Archaeological Assessment or encountered during development.
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7 Making it Work: Infrastructure and Services The intent of this Plan is to guide the development of roads, active transportation facilities, water services and sewage services to ensure they can support development within the Township. This section contains policies that identify the hierarchy of roads and services, and the requirements for each classification. It also contains policies on public utilities and communication facilities and railways.
7.1 Road Township roads are classified according to the function they should perform. The classification of roads within the Township shall include the following, and the respective policies in the following sections apply: a)
Arterial roads (controlled access);
b)
Arterial roads;
c)
Collector roads;
d)
Local roads; and,
e)
Private roads.
Traffic on higher order roads, such as arterial roads that connect communities, have priority over traffic on lower order roads, such as local Township roads. Proposed road allowance widths and standards are established for each class of road, where appropriate. Township road classifications are identified on Map F. Map F may be updated without amendment to this Plan.
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7.1.1
Arterial Roads
Arterial roads connect communities and provide direct linkages to the Provincial highway network. They are designed to facilitate movement of a large volume of traffic from all types of vehicles including commercial vehicles (e.g. heavy trucks). Traffic movement is the primary function and consideration for arterial roads. Access to land along arterial roads is generally a secondary consideration. a)
The Township may restrict access to abutting parcels and control the spacing of driveways to maintain the function and safe use of an arterial road.
b)
Arterial roads require a minimum 30 metre road allowance width. Road allowances will be widened using such mechanisms as subdivision approvals, consent approvals and Site Plan Control approvals, in order to produce a safe and efficient road transportation network. The width of the road allowance may be permitted to be reduced within the boundaries of Settlement Areas where curbing and drainage systems are present or planned.
7.1.2
Collector Roads
The primary function of collector roads is to provide access to/from arterial roads and local roads. a)
New collector roads shall be located in accordance with all applicable policies of this Plan.
b)
New collector roads shall be designed and constructed to municipal standards prior to their assumption by the Township. The design and construction of the roads shall be overseen, confirmed, and stamped by a qualified engineer.
c)
Collector roads require a minimum 30 metre road allowance width. Road allowances will be widened using such mechanisms as subdivision approvals, consent approvals and Site Plan Control approvals, in order to produce a safe and efficient road transportation network. The width of the road allowance may be permitted to be reduced within the boundaries of Settlement Areas where curbing and drainage systems are present or planned.
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7.1.3
Local Roads
The primary function of local roads is to provide direct access to abutting properties. Roads in plans of subdivision are typically local roads. Lower speed limits and traffic control devices may be necessary to ensure public safety. a)
The Township may permit a proponent, at the proponent’s expense, to extend a local road on an unopened road allowance to provide sufficient road frontage to facilitate development of a parcel of land.
b)
New local roads and extensions of local roads shall be located in accordance with all applicable policies of this Plan.
c)
New local roads and extensions of local roads shall be designed and constructed to municipal standards prior to their assumption by the Township, in accordance with the subdivision or development agreement. The design and construction of the roads shall be overseen, confirmed, and stamped by a qualified engineer.
d)
Local Roads require a minimum 20 metre road allowance/right of way width. Road allowances will be widened using such mechanisms as subdivision approvals, consent approvals and Site Plan Control approvals, in order to produce a safe and efficient road transportation network.
7.1.3.1 Seasonal Roads Seasonal roads under the jurisdiction of the Township are not maintained and are not open on a year-round basis. They are generally of low priority and carry a minimal amount of traffic. a)
The Township may post seasonally maintained roads with signs to indicate that maintenance is limited. Where such roads are classified and posted with a sign, the Township will not be obliged to provide winter control services, nor to convert a seasonally maintained road to a year-round maintained road.
b)
The Township is under no obligation to provide access to properties taking access from a seasonal road.
c)
Development is not generally permitted on a seasonal road. Lots with frontage on and/or accessed by seasonal roads may be zoned in a separate category in the implementing by-law to restrict land uses.
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d)
Council may consider changing the status of a seasonal road to year-round to permit a proposed development on the condition that the proponent upgrade the road per the Local Roads policies.
e)
The status of a seasonal road may be changed without an amendment to this Plan.
7.1.3.2
Forced Roads
Forced roads are those that deviate from the established road allowances due to topographic challenges such as hills and swamps. a)
As a condition to the approval of a plan of subdivision, a plan of condominium, or a consent along a portion of forced road, and of site plan control, the proponent shall be required to confirm that the forced road in question is in the ownership of the Township and/or to convey the forced road and up to a 20 metre road allowance width to the Township.
7.1.3.3 Unopened Road Allowances Unopened road allowances are public roads that have not been opened and assumed for maintenance purposes by the Township. They also include unopened roads on plans of subdivision and former municipal roads that are now effectively unmaintained. a)
b)
Where an unopened road allowance is requested to be improved for the purpose of providing driveway access to what would otherwise be a land locked parcel of land, the Township may at its sole discretion: i)
sell all, or a portion of an unopened road allowance or
ii)
enter into a licence agreement and register notice on title that the Township will not be responsible for the repair or maintenance of unopened road allowances, where development is accessed over an unopened road allowance.
There are several historic plans of subdivision that created waterfront communities that have private roads constructed over unassumed/unopened road allowances. The Township will not be responsible for the repair or maintenance of any private road that has been constructed over an unopened or unassumed road allowance.
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7.1.4
Frontage on Public Roads
No building or structure shall be erected, extended, or enlarged on any lot within the Township of South Frontenac unless such lot fronts on a public road, except as follows: a)
Where a lot fronts onto an unassumed road in a registered plan of subdivision where the road will not be assumed by the Township until the end of the maintenance period.
b)
Where a model home agreement has been executed by the owner and the Township on a lot prior to registration of a plan of subdivision.
c)
Where a lot fronts onto a private road or a private road on an unassumed road allowance, or is accessed over an unopened road allowance, provided:
d)
i)
The owner demonstrates legal deeded access to the lot over the private road or access over the unopened road allowance through a licence agreement, and
ii)
The lot is in an appropriate zone that acknowledges the limited service nature of the lot and the proposed use of the lot, such as a Limited Service Residential zone.
Where a lot can only be accessed by water provided: i)
The owner demonstrates the lot has legal deeded mainland parking and mooring facilities, and
ii)
The lot is in an appropriate zone that acknowledges the limited service nature of the lot and the proposed use of the lot, such as a Limited Service Residential zone.
7.1.5
Private Roads
Private roads (private lanes) play an integral role in connecting many seasonal and permanent residences in our community to the Township road network. These roads are not owned or maintained by the Township. They typically consist of rights-of-way over private property benefiting multiple properties.
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The trend toward the conversion of traditional cottages to year-round residential dwellings has resulted in pressure on private roads that were only ever intended to accommodate seasonal residential use. The imbalance between the needs of permanent residential uses and the service level provided by seasonal private roads has led to concern regarding public health and safety, and the impact that these roads may have on municipal financial well-being. a)
b)
c)
Where lot creation is permitted on a new private road by the Land Division policies of this Plan, the new private road shall: i)
Intersect with an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality;
ii)
Meet the Township’s Private Road Construction Standards as updated from time to time. The design and construction of the private road shall be overseen, confirmed, and stamped by a qualified professional engineer to the satisfaction of the Township; and
iii)
Be governed by a condominium agreement, in order to establish the ownership and maintenance of the road among all owners, and to provide a legal obligation to ensure that sufficient funds are in place to ensure the ongoing maintenance of the road in perpetuity.
No new waterfront lot creation shall be permitted on existing private roads or on minor extensions of existing private roads unless: i)
The private road is designed and constructed to the Township’s Private Road Construction Standards from its intersection with the public road to the new lots; or
ii)
The existing private road and any minor extensions are developed within a common element condominium pursuant to the Condominium Act, as amended, and connects directly to an existing public road.
Owners who access their properties by private roads are encouraged to establish private road associations and agreements to ensure adequate maintenance of the road, and to improve their private roads to a minimum standard to allow accessibility by emergency service vehicles or to the Township’s Private Road Construction Standards.
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d)
e)
Lot creation through consents and plans of condominium on private roads shall be subject to an agreement to be registered against the title to the lands and that includes provisions acknowledging: i)
The Township does not maintain or repair the private road;
ii)
The private road shall be named and addressed to the Township’s satisfaction for civic addressing and emergency service purposes;
iii)
Garbage and recycling bins, as well as mailboxes, shall be provided at a common location near the intersection of the Township public road and the private road.
iv)
The Township does not provide municipal services on the private road that is normally associated with public roads;
v)
The owners are responsible for all costs necessary to maintain the private road, including the establishing and maintaining signage;
vi)
The Township is not responsible for any loss or damage created by the owner’s failure to maintain the private road; and,
vii)
The Township assumes no liability in the event that emergency vehicles are not able to access the lot because of impassable road conditions.
Council may consider a request to assume a private road in accordance with Township policy.
7.1.6
Active Transportation
The Township seeks to provide pedestrian and bicycle-friendly environments to encourage active transportation throughout the Township for residents and tourists of all ages and abilities. This includes providing linkages between settlement areas and the rural area, as well as access to the natural environment, public open space areas, and community facilities. The intent is to encourage increased use of active transportation in the Township as a viable alternative to automobile use and to foster a healthy community. a)
The Township shall support the development of a well-connected network of active transportation facilities both within the Township and in the broader context, to
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increase the range of healthy and accessible transportation and recreation options available to residents of all ages and abilities. b)
New development or redevelopment shall be encouraged to consider street connectivity and connectivity of active transportation infrastructure, in coordination with the Township.
c)
The Township will consider as a condition of subdivision, consent, condominium or site plan approvals, the dedication of land, by public ownership, easement or partnership agreement for pedestrian and cycling pathways, bicycle parking and vehicle parking adjacent to active transportation corridors, or to facilitate access to, or enhancement of, such corridors.
d)
The Township shall encourage improved pedestrian environments within the settlement areas with an emphasis on streetscaping, including the consideration of accessible sidewalks, pedestrian-oriented commercial development along main streets, building design that provides shelter, pedestrian-scaled lighting, street furniture, bicycle racks, and landscaping.
7.2 Parking This Plan intends to promote efficiently planned, compact and accessible development for all modes of transportation. Given that the automobile will continue to be the principal mode of transportation within the Township, sufficient off-street/on-site parking facilities must be established to serve the needs of the intended use. a)
Adequate off-street/on-site parking must be provided in accordance with the provisions of the implementing by-law, with minimal impact on adjacent uses. For higher density development within Settlement Areas, the Township may consider permitting reduced standards for on-site parking, or permitting off-site parking, where accommodation of on-site parking is not possible.
b)
In the Settlement Area designation, the Township shall assess parking needs in order to provide adequate on-street and off-street parking, to accommodate shortterm parking for shopping and business purposes and long-term parking for those employed in the area.
c)
In cases where sufficient on-site parking cannot be accommodated in the Settlement Area designation, the Township at its sole discretion may collect cash-
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in-lieu pursuant to Section 40 of the Planning Act to be used expressly for the provision of additional parking spaces in an appropriately defined area.
7.3 Railways The Township acknowledges the importance of railways and recognizes its critical role in long-term economic growth and the efficient and effective movement of goods and people. a)
All development in proximity to rail facilities shall be developed in accordance with the Federation of Canadian Municipalities and Railway Association of Canada (FCM/RAC) Guidelines for New Development in Proximity to Railway Operations.
b)
All proposed residential or other sensitive use development within 300 metres of a railway right-of-way will be required to undertake noise studies, to the satisfaction of the Township, in consultation with the appropriate railway operator, and shall undertake appropriate measures to mitigate any adverse effects from noise that were identified.
c)
All proposed development within 75 metres of a railway right-of-way will be required to undertake vibration studies, to the satisfaction of the Township, in consultation with the appropriate railway operator, and shall undertake appropriate measures to mitigate any adverse effects from vibration that were identified.
d)
All proposed building setbacks shall be in accordance with the FCM/RAC Guidelines. As a general guideline, buildings shall be setback 30 metres with an appropriate berm abutting the rail right-of-way. Reduced setbacks can be considered in certain circumstances dependant on the proposed use and in conjunction with additional study and alternative safety measures, to the satisfaction of the Township in consultation with the appropriate railway operator.
e)
All proposed development adjacent to railways shall implement appropriate mitigation measures, including but not limited to, safety setbacks, berms, crash barriers, and security fencing, in accordance with the FCM/RAC Guidelines.
f)
All proposed development adjacent to railways shall implement any required notices on title such as warning clauses and/or environmental easements, through appropriate legal mechanisms, to the satisfaction of the Township and the appropriate railway operator.
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g)
All development in proximity to rail facilities shall evaluate, prioritize, and secure grade separation of railways and major roads, in co-operation with Transport Canada and the appropriate railway operator.
7.4 Water and Sewage Services Provincial policy recognizes three types of water and sewage services: •
Municipal services;
•
Private communal services; and
•
Individual on-site services.
At the time this Plan was adopted, Sydenham Settlement Area offered partial servicing in the form of centralized municipal water services. All other Settlement Areas rely on individual on-site water services and sewage services to facilitate development. Rural Lands and Prime Agricultural Areas also rely on individual on-site water services and sewage services.
7.4.1
Municipal Services
The Provincial Planning Statement and the County of Frontenac Official Plan identify a servicing hierarchy which identifies municipal water services and sewage services as the preferred form of servicing for Settlement Areas. Centralized servicing systems serve entire communities, while decentralized servicing systems serve clusters of residences, businesses and other uses.
7.4.1.1 General Policies a)
Where municipal water and sewage services exist or are established over the life of this Plan, development shall connect to these services and existing individual on-site services shall be decommissioned.
b)
Development within the Settlement Areas will only be approved if sufficient capacity within the available municipal water and sewage systems exist.
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c)
Holding symbols may be used to permit multi-lot/multi-unit development to proceed in a phased manner upon verification of water and sewage system capacity allowances, Limitations in the capacity or operating performance of the water and/or sewage systems shall be recognized as a constraint to the timing of new development.
d)
The Township shall establish an on-going monitoring program for the calculation, reporting and allocation of uncommitted reserve capacity within the municipal water and sewage systems to ensure the efficient use of existing servicing infrastructure. Should the usage at any time reach 80% of the capacity of the system the Township shall initiate a study to investigate means of securing future capacity.
e)
The extension of municipal water and sewage services to support planned development will be the sole responsibility of the developer. The Township shall pass by-laws and enter into agreements, including financial agreements, with developers and/or property owners for the installation of, or connection to, municipal services.
f)
New development shall be directed to areas that allow for extensions to existing municipal water and sewage services in an economical and practical manner, provided that such expansion is consistent with the other objectives of this Plan. New development will generally be approved and permitted only in stages of orderly progression from the termination of existing services.
7.4.1.2 Decentralized Services Frontenac County completed a regional Communal Servicing Study in 2019 to assist the County and its member municipalities with the planning, engineering, and economic development tools necessary to enable redevelopment and new development using communal water and sewage services (also known as decentralized services). The Township collaborated with the County and the other Frontenac Townships to establish a jointly owned public utility that will assist with the operation of decentralized municipal water and sewage services within South Frontenac, and across the County as a whole. The Frontenac Municipal Services Corporation was incorporated in November 2023. Decentralized municipal water and sewage services are intended:
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a)
To become the dominant form of servicing within Settlement Areas during the duration of this Plan;
b)
To support higher density, multi-unit dwellings, as well as mixed-use developments in Settlement Areas and in secondary plan areas, and conservation design subdivisions in the Rural Lands;
c)
To allow the expansion of existing Settlement Areas, where appropriate, so that new development is more compact, reflects the existing lot fabric of settlement areas, and promotes walkable communities;
d)
To support new commercial, industrial, and business park development;
e)
To protect lakes by minimizing impacts to water quality;
f)
To direct growth to areas with water and sewage services;
g)
To support the upgrade of infrastructure within Settlement Areas for existing residents and businesses, and to encourage appropriate intensification development; and
h)
To ensure that future development within the Rural Lands is environmentally responsible and conserves land and important natural resources. i)
Development on decentralized municipal water and sewage services shall be the preferred form of servicing within the Settlement Area designation. In Settlement Areas, the priority shall be for multi-unit/multi-lot development to be on decentralized municipal services. These developments shall be implemented through plans of subdivision, plans of condominium, and/or site plan control as appropriate.
ii)
Development on decentralized municipal water and sewage services should be directed in or near Settlement Areas where community services and amenities are available to support increased population.
iii)
Where new multi lot and multi-unit development is proposed within a Future Secondary Planning Area as identified on Map H before the secondary plan is prepared, the development may be required to use decentralized municipal water and sewage services, depending on the nature, scale, and density of the development.
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iv)
Where development is proposed adjacent to a Settlement Area, the Township and proponent may negotiate the inclusion of some of the existing Settlement Area lands in the Environmental Assessment for water and sewage servicing through the pre-application consultation process.
i)
The Township shall encourage decentralized municipal water and sewage services as an alternative to individual on-site wells and sewage systems elsewhere in the Township, where it is deemed appropriate by the Township.
j)
Decentralized municipal water and sewage services shall be the primary servicing method for new large scale commercial development and industrial/business parks.
k)
Large scale, high density, and mixed-use development located outside of Settlement Areas and the Future Secondary Planning Areas is not permitted as it is inconsistent with the policy priorities of this Plan that direct growth to Settlement Areas.
l)
Development proposals utilizing the conservation design subdivision concept and decentralized municipal services may be permitted outside of Settlement Areas where residential uses are permitted, and in accordance with Chapter 9 of this Plan.
7.4.2 a)
Private Communal Services
Private communal services may be permitted for recreational, commercial, institutional, and industrial uses, and for multi-lot/multi-use development, in accordance with all applicable regulations.
7.4.3
Partial Services
Partial services refer to the provision of either municipal water or sewage services or private communal water or sewage service, but not both. At the time of adoption of this Plan, Sydenham had partial services in the form of a municipal water service and individual on-site sewage services. a)
Partial services shall only be permitted in the following circumstances:
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i)
Where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development;
ii)
Within Settlement Areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts; or
iii)
within Settlement Areas where new development will be serviced by individual on-site water services in combination with municipal sewage services or private communal sewage services.
b)
Any development in areas where partial services are provided, including in the Sydenham Settlement Area, must connect to the available municipal water or sewage service and properly decommission the related individual on-site service on the property.
c)
The Township may consider establishing a program to assist property owners to decommission wells in an area where partial municipal water services are provided, to reduce the potential of cross-connections within the municipal drinking water system.
d)
The management of the municipal water system shall include measures to educate the public on the need to conserve water and to reduce requirements for additional water supply and impacts to sewage systems where they exist.
e)
A partially serviced Settlement Area may only expand on municipal water and sewage services.
7.4.4
Individual On-Site Services
Individual on-site water and sewage services refer to privately owned and operated water and sewage systems on individual properties.
a)
Where municipal water and sewage services or private communal water and sewage services are not provided, individual on-site water services and individual on-site sewage services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts.
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b)
Within the Settlement Areas shown on Maps A and B, these services may be used for infilling and minor rounding out of existing development. Preference will be to connect to municipal services where available.
c)
For the purposes of this section, negative impacts shall be defined as potential risks to human health and safety, and degradation to the quality and quantity of water, sensitive surface water features and sensitive groundwater features, and their related hydrologic functions, due to single, multiple, or successive development. Negative impacts should be assessed through environmental studies including hydrogeological or water quality impact assessments, in accordance with Provincial standards.
d)
A hydrogeological assessment and terrain analysis report may be required for development proposals using groundwater sources (i.e., well) in accordance with the Provincial D-Series Environmental Land Use Planning Guideline to demonstrate that there is an adequate water supply (quantity and quality) and that there will be no interference from sewage disposal or unsustainable draw down of the water table. Consideration shall be given to the cumulative impact of development on the available water supply. A water conservation plan for new users may be required in this regard.
e)
A hydrogeological assessment is required for new lots created by consent that would be serviced by a drilled or dug well to demonstrate a viable water supply. The study must be prepared in accordance with Township standards and Provincial guidelines, to the satisfaction of the Township.
f)
Waterfront lots may be serviced by drawing water from a lake.
7.5 Public Utilities and Communications Facilities The sustainability, health and safety of South Frontenac residents and its economy is closely related to the public utility corridors, utility networks, and communications facilities that span the municipality. These facilities and corridors include a wide variety
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of utilities that are owned and operated by both public and private entities, including cellular, broadband and fibre optic networks. a)
The Township will work with the utility providers to protect corridors from inappropriately encroaching development, to help manage public health and safety, to manage any impact from their development/expansion, and, particularly when it benefits the community, to facilitate the logical/cost-effective expansion of these utilities.
b)
Public uses necessary for the function of municipal, Provincial, or Federal government, including a related board, commission or agency, and utilities such as power, water services, roads, railways, telecommunications including provision of cellular and internet, natural gas facilities, will generally be permitted in all land use designations, except the Prime Agricultural Area designation, provided that such use or utility is necessary and appropriate in the proposed location and can be made compatible with surrounding uses. Buildings are prohibited in the Environmental Protection designation.
c)
The Township acknowledges development of energy supply including electricity generation facilities and transmission and distribution systems, energy storage systems, renewable energy systems, and alternative energy systems may be required to accommodate current and projected needs. The development of electric power facilities will occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power.
d)
Electric generation facilities and transmission and distribution systems are permitted in all land use designations without an amendment to the Plan provided that the planning of all such facilities is carried out having regard to the other policies of this Plan. Consultation with the municipality will be required on the location of any new facility.
e)
The Township recognizes that the installation of communication towers is required to supply, improve, and maintain the quality of cellular and internet service. A proponent seeking to establish a communication tower shall work with the Township and seek input from the community in accordance with Industry Canada guidelines.
f)
Municipal review of non-municipal proposals shall consider any impact of a proposal on the natural heritage, archaeological potential, and cultural heritage.
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Appropriate setbacks and mitigation measures shall be recommended through municipal comments on proposals. g)
The Township will work cooperatively with telecommunication companies to expand broadband and fibre internet services into the area to serve the needs residents and businesses.
7.6 Renewable Energy The Township recognizes the importance of considering renewable energy sources to optimize cleaner energy consumption and power supply and generation in the face of climate change. The Township will support continued renewable energy integration through the following policies: a)
Private renewable energy systems may be permitted subject to a zoning by-law amendment, where proponents can demonstrate it is feasible to develop such projects in accordance with this Plan, and with Provincial and Federal requirements.
b)
Renewable energy uses such as wind, solar and biomass energy facilities will be developed in accordance with applicable Federal and Provincial legislation.
c)
The distance from new sensitive receptors, such as new residential uses and community facilities to commercial scale wind turbines, may be regulated by the Zoning By-law.
d)
Nothing in this section shall restrict the installation or operation of a small-scale renewable energy system that is mounted directly to a dwelling or other structure, or a self-supporting pole or tower.
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8 How We Will Engage and Consult The purpose of the “How We Will Engage and Consult” section is to guide the interactions of the Township with the public, stakeholders, and Aboriginal groups. This section contains policies to address how public participation will be encouraged and the processes and channels the Township will utilize to ensure equitable discourse. This section also explains how the Township hopes to partner with Aboriginal groups to develop and enact policies along the path to reconciliation. Consultation is intended to foster communication, education of issues, and conflict resolution early in the planning process. The Township recognizes that public consultation is a key component of the planning process. a)
All Planning Act applications shall adhere to the prescribed measures for public consultation strategies, public meetings, and notification procedures in accordance with the Planning Act and associated regulations. In some instances, public consultation required by the Township may exceed these requirements as deemed appropriate and as outlined in this Plan.
b)
The Township shall use a variety of communication methods to seek input on planning matters and to provide information to the public. Depending on the issues, and in accordance with the Planning Act and associated regulations, the Township shall choose the most appropriate method of communication, which may include any or all of the following: i)
Personal service or prepaid first class mail;
ii)
Newsletters;
iii)
E-mail;
iv)
Public notice signs;
v)
Surveys, electronic or mail-out;
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vi)
Neighbourhood Open Houses and/or Public Information Centres;
vii)
Neighbourhood Working Groups or Focus Groups;
viii) Information meetings; ix)
Statutory public meetings;
x)
Township website or internet engagement platforms; and/or;
xi)
Any other methods as deemed necessary by the Township and established by amendment to this Plan.
c)
Applicants may be required to provide a public consultation strategy that shall demonstrate to the Township’s satisfaction how an applicant will solicit public input ahead of the holding of a statutory public meeting.
d)
Where a development application is deemed to have a potentially significant impact, the Township may require an expanded public consultation process, including additional community meetings, to provide the community with additional information regarding the proposal, such as technical studies and to provide opportunities for conflict resolution.
e)
The Township may establish alternative public consultation measures to notify prescribed persons and public bodies of proposed development as corporate policies adopted by by-law outside of this Plan, provided the by-law is approved by Council with appropriate public input. Council may delegate its authority to administer these procedures to an appointed Committee, officer, or employee identified by by-law.
8.1 Engaging with Aboriginal Interests The Township will engage with Aboriginal interests on the path to reconciliation as follows: a)
Aboriginal communities will be consulted when development on culturally significant and Treaty lands is proposed or where archaeological assessments and environmental monitoring are required.
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b)
Aboriginal communities will be consulted and engaged on projects and land use decisions that may impact Aboriginal rights to continue to practice and live their way of life as a result of their ancestors’ longstanding use and occupancy of land.
c)
Aboriginal communities will be consulted and engaged on matters that may impact Aboriginal interests as it pertains to land use, safety, and stewardship.
d)
Aboriginal communities will be consulted and engaged on matters that may impact the Aboriginal right to self-determination.
e)
This Plan shall be implemented in a manner that is consistent with the recognition and affirmation of applicable Aboriginal and treaty rights in accordance with Section 35 of the Constitution Act 1982. The Township shall work with Indigenous communities who have connection to the lands within the Township in the planning process to ensure consultation and engagement is appropriate to the type of planning application or process being undertaken. The Township respects the interests of the Indigenous communities and will seek to work in a collaborative and productive manner. The Township shall engage with Indigenous communities to:
f)
i)
Coordinate on land use planning matters, in accordance with the Provincial Planning Statement.
ii)
Consider their interests when identifying, protecting, and managing natural heritage, cultural heritage, and archaeological resources.
iii)
to identify gaps in ecological protection policies and environmentally sensitive areas.
The Township will conduct fully informed and meaningful consultation and engagement with, but not necessarily limited to, the Algonquins of Ontario on matters related to land use and project development within the Township.
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9 Land Division The division of land can take place by consent (severance), by plan of subdivision, and by plan of condominium. Small scale development generally takes place through the consent process, while large scale development generally takes place through a plan of subdivision or plan of condominium. The method of land division chosen shall be undertaken in accordance with the policies of this Plan.
9.1 General Policies Through the land division process, the Township will ensure that sufficient land is made available to accommodate an appropriate range and mix of housing and employment opportunities, and other land uses that will serve the interests of existing and future residents. The following general policies shall be used as the underlying framework on which land division practices within the Township will be based. a)
New lot creation shall be consistent with the policies of the Provincial Planning Statement, shall conform to the Frontenac County Official Plan, and shall conform to this Plan.
b)
The frontage, size and shape of any lot created shall be appropriate for the proposed use, water and sewage services, and location, and shall conform to the provisions of the implementing by-law. i)
A minimum 0.8 hectare lot size and a minimum 76 metre frontage on a public road shall be required for non-waterfront lots serviced by individual on-site water and sewage services.
ii)
A minimum 1.0 hectare lot size, a minimum 76 metre frontage on a public road or private road, and a minimum 91 metre frontage on a waterbody shall be required for residential waterfront lots serviced by individual on-site water and sewage services.
iii)
Notwithstanding b. above, a waterfront lot created adjacent to a narrow waterbody shall have a minimum 150 metres of water frontage in order to
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ensure safe boating and swimming conditions, to avoid an overdeveloped appearance in a constricted area and to help ensure a reasonable separation between residential uses. iv)
Notwithstanding b. above, a waterfront lot created adjacent to a shallow waterbody shall have a minimum 150 metres of waterfrontage because shallow waterbodies tend to be more environmentally sensitive and less intensive usage is appropriate.
v)
Reductions in lot size, water frontage or lot frontage may be varied without amendment to this Plan, provided that the intent of applicable Official Plan policies are met, and the reduction is recognized through an appropriate planning process, such as a minor variance or zoning by-law amendment.
vi)
In considering reductions to lot size, water frontage or lot frontage, consideration will be given to ensuring there is a sufficient development envelope to accommodate the intended use and appropriate water and sewage services outside the required setback from the highwater mark, all other applicable setbacks, and any other natural features or natural hazard.
vii)
Within a Settlement Area, the lot size of lots that will be serviced by municipal water and sewage services should reflect the existing lot fabric of the village or hamlet unless otherwise established in a secondary plan.
viii) Within a Future Secondary Planning Area but outside a Settlement Area, the lot size of lots that will be serviced by municipal water and sewage services shall be established through the secondary planning process. c)
Land division is not permitted in the Prime Agricultural Area designation, except in accordance with the Agricultural Lot Creation Policies of this Plan.
d)
Land division is not permitted within 300 meters of an at-capacity lake trout lake, except in accordance with the policies of Section 5.3.2.
e)
New lots shall be approved only when it has been established that soil and drainage conditions are suitable to permit the proper siting of buildings and to permit the installation of an adequate means of sewage disposal.
f)
An adequate quantity of potable water and sewage capacity shall be available for each new lot. Applicants shall provide sufficient technical information to
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demonstrate this to the satisfaction of the applicable review agency, and in accordance with the policies of Section 7.4. g)
Where available, development of the new lots will be required to connect to municipal water and sewage services.
h)
No land division shall result in the landlocking of any parcel of land and/or in a situation where the existing or potential ability to develop any parcel of land is significantly undermined by virtue of limited public road frontage.
i)
No land division shall be permitted where safe vehicular access from the proposed lot to the adjacent public road cannot be provided due to conditions such as limited sight lines, grades or proximity to intersections.
j)
Compatibility and any separation distances required between the proposed land use for the lot and the neighbouring land uses (for example, agriculture, mineral aggregates, waste management, industrial) shall be addressed.
k)
In considering land division applications, regard shall be had to the Cultural Heritage policies in Section 6, including requirements with respect to the preservation of the cultural heritage resources of the Rideau Canal and to the identification and preservation of significant archaeological resources.
l)
On lands that contain or abut a waterbody or watercourse, it shall be demonstrated that there is a sufficient development envelope on the proposed lot to accommodate the intended use and appropriate water and sewage services outside the required setback from the highwater mark and all other applicable setbacks.
m)
Where lands are subject to flooding, erosion, or other natural hazards it shall be demonstrated that a development envelope and safe access to the proposed lot is available outside any hazards. The advice of the appropriate conservation authority shall be sought in this regard.
n)
Approval for the creation of new lots on lands that contain environmentally sensitive areas such as natural heritage features and areas shall not be granted unless sufficient lands are available outside the sensitive areas to accommodate the development and associated services. In considering the creation of new lots on lands that contain natural heritage features and areas, the Township shall have regard for limiting disturbance to these features and areas. If an existing lot
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contains a natural heritage feature and area or a portion of such, the property may only be divided such that the natural heritage feature and area is contained wholly within either the new lot or the lot to be retained and not split between the two. o)
Each new lot proposed along the waterfront must have at least one suitable location for water access without the need for dredging or removal of emergent or submerged vegetation.
p)
The Township will require dedication of land for road widening, and for forced roads, in accordance with the policies of this Plan in order to ensure the Township has deeded ownership of land on which to improve public roads over time.
q)
The Township shall require dedication of land for parks or cash-in-lieu in accordance with the policies of this Plan.
9.2 Plans of Subdivision/ Plans of Condominium 9.2.1 a)
b)
General Policies
Prior to considering any land division application, the Township shall establish whether a plan of subdivision is necessary for the proper and orderly development of the lands. A plan of subdivision shall normally be required in the following instances: i)
More than total of three (3) new lots are to be created on a land holding;
ii)
New public roads or an extension to an existing road are required;
iii)
An extension to trunk mains for municipal water and/or sewage services is required; or
iv)
If the size, shape, location and physical features of the subject land or the number of lots the site is capable of accommodating would be better suited to the more thorough review of the subdivision approval process.
Development of land by plan of condominium shall be required when the creation of individual units and common areas within a single lot is proposed.
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c)
The proposed subdivision or condominium shall be at a scale which is compatible with the existing or anticipated scale of development in the area.
d)
Background information shall be provided by the developer to the satisfaction of the Township demonstrating the appropriateness of the location for the plan of subdivision or plan of condominium. This information may include, but not be limited to, drainage studies, servicing studies, traffic impact studies and environmental impact assessment.
e)
The plan of subdivision or plan of condominium shall be adequately serviced with and makes suitable provision for services including, but not limited to, roads, water and sewage, storm sewers, waste collection and disposal, public utilities, fire and police protection, parks, schools, and other community facilities.
f)
The minimum lot size in a plan of subdivision or plan of condominium shall be determined by the completion of a servicing options report and/or a hydrogeological study and terrain analysis.
g)
The supporting servicing options report and/or hydrogeological study and terrain analysis should account for the inclusion of up to two additional residential units on each residential lot or unit.
h)
Stormwater management, lot grading and drainage, and engineering design shall meet Township standards.
i)
Existing public access roads shall have the capability to support the additional traffic loads anticipated from the proposal. Where upgrading and additional maintenance may be required, the Township will assess the financial impact of these additional expenditures and may levy charges or request a contribution from the developer to offset these costs. The subdivision or condominium internal road system shall be accessed from a public road which reflects a reasonable standard of pavement or gravel construction and is maintained year-round.
j)
An internal road system shall be provided which will allow ease of access for emergency vehicles and provide for fire route considerations as necessary. In consultation with the Fire Department, consideration shall be given to the installation of appropriate infrastructure, (i.e., dry hydrant) to ensure there is a sufficient supply of water available for firefighting services within the boundaries of, or in proximity to, the subdivision.
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k)
Plans of subdivision or plans of condominium shall be designed to allow for the appropriate integration of the subject lands with the adjacent lands, such as compatibility with existing development, pedestrian connections to parks, and future road connections.
l)
As many trees as possible shall be preserved, particularly mature and healthy stands of trees, and reforestation shall take place where appropriate.
m)
Topography and/or vegetation shall be maintained and augmented to create an appropriate or desirable environment and buffering may be required to ensure compatibility with adjacent uses.
n)
Landscaping and tree planting shall be incorporated to achieve a welcoming, pedestrian-scale environment, and enhance the appearance of the development and its compatibility with surrounding areas.
o)
Subdivisions and condominiums will be designed with consideration for active transportation and will include sidewalks and trails that can enhance connections within the transportation network where the Municipality determines it is appropriate.
p)
Plans of subdivision and plans of condominium shall address issues of energy conservation and sustainability.
q)
Plans of subdivision shall accommodate low and medium to higher density development (e.g. multi-unit) subject to adequate water and sewage services.
r)
Draft approval of plans of subdivision and plans of condominium shall include conditions which must be satisfied prior to final approval of the plan. The developer will be required to meet conditions of draft approval within a specified time-period, failing which, draft plan approval will lapse. Requests for extensions of the lapsing approval will be considered by the Township, provided there has been evidence of progression on fulfilling the conditions of approval by the proponent and that the policies of the Plan have not changed in a manner which would impact the development.
s)
Prior to final approval of a plan of subdivision or plan of condominium, the owner will be required to enter into an agreement with the Township and to file necessary financial securities to ensure that conditions of approval are fulfilled.
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t)
In accordance with the provisions of the Planning Act, the Township may by by-law deem any part of a registered plan of subdivision not to be a plan of subdivision, provided the plan of subdivision has been registered for 8 years or more.
9.2.2
Conservation Design
This Plan anticipates the creation of new housing in the Rural Lands. Conservation design subdivisions or condominiums are a way to allow that housing while preserving the rural character of the area. Conservation design subdivisions or condominiums provide clusters of housing on small lots on a portion of the parcel. This design is intended to accommodate a reasonable degree of growth and development by utilizing municipal water and sewage services in order to preserve the community’s rural character and natural resources, and to maintain larger areas of land preserved for a variety of uses including small-scale agricultural production, recreation, open space, and conservation. The following policies apply to conservation design development: a)
Conservation design subdivisions and condominiums will be permitted across the Township where: i)
Residential uses are permitted including lands with waterfrontage, and
ii)
The landholding is at least 4 hectares in size and capable of supporting at least five (5) single detached dwelling units based on conventional individual on-site water and sewage systems.
b)
The minimum lot area should generally be 0.33 hectares in conservation design developments. Smaller lot sizes may be considered provided that the type of housing is consistent with the rural character of the area.
c)
Conservation design developments shall utilize municipal water and sewage services in accordance with the policies of this Plan.
d)
Conservation design subdivisions and condominiums are encouraged to identify a conservation theme or themes. This theme shall be identified at the time of the initial application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat restoration, viewshed preservation, or archaeological and historic properties preservation. Page 145
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e)
A minimum of 50% of the net developable area (i.e. gross area less undevelopable, constrained lands) shall be protected for the feature(s) identified for conservation through the development.
f)
Mechanisms to guarantee that 50% of the lands will be protected from development will include conservation agreements, dedication to land conservation organizations, land trust, or a corporation or trust owned jointly or in common by the owners of the lots, or similar means deemed acceptable to Council.
g)
The protected lands will be required to be rezoned to ensure their continued protection from development.
9.3 Consent Policies Where a plan of subdivision is not considered necessary for proper development, consent to convey land may be granted provided the following policies, any other relevant policies of this Plan, are adhered to.
9.3.1
General Policies
a)
Consents shall be considered for administrative purposes, such as lot line adjustments, utility easements and conservation easements, having regard to the other relevant policies of this Plan.
b)
Prior to approving any application for consent which would result in the creation of a new lot, the long-term development potential of the overall land holding will be considered in order to ensure that additional future development potential of the land is not compromised. If the property has potential as a future subdivision site: i)
the safest, most convenient access point(s) to the public road system should be retained for possible future use for internal subdivision roads;
ii)
the size of a lot created by consent should be appropriate for the proposed use in order to avoid the inefficient use of land; and
iii)
the lot created by consent should be located in such a way that the future design of a plan of subdivision can be accommodated.
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c)
In order to fully assess an application for consent, the Township may require the submission of additional information and studies.
d)
The creation of a new back lot shall not be permitted through the consent process.
e)
The severance of a parcel of land including an additional residential unit may only be permitted subject to all other policies of this Plan.
f)
The access to the proposed lots to be severed and retained shall be to the satisfaction of the Township: i)
Non-waterfront lots must have frontage on an opened and assumed public road which reflects a reasonable standard of pavement or gravel construction and is maintained year-round.
ii)
Waterfront residential lots must have frontage on an opened and assumed public road which reflects a reasonable standard of pavement or gravel construction and is maintained year-round, or a private road that is developed to the Township’s satisfaction in accordance with Section 7.1.
iii)
The creation of lots through consent shall be discouraged on arterial roads outside of Settlement Areas to protect the current and projected long term transportation needs for the corridors.
iv)
On islands and portions of the mainland only accessible by water, the creation of lots through consent will only be considered where the lot has direct shoreline frontage, and deeded mainland vehicle parking and boat docking facilities are available.
g)
The Township must be satisfied that any lots created by consent can be supplied with such municipal services as fire protection, road maintenance, storm drainage and where applicable, water supply and sewage disposal facilities, such that the provision of services does not adversely affect the Township finances.
h)
For any division of land, the Township may impose conditions to the approval of the consent. A development agreement registered on title may be required to implement recommendations of professional staff, external agencies, and technical studies.
i)
Where lands being severed for conservation and open space uses are being transferred into the ownership of not-for-profit conservation agencies, any existing
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dwelling severed from the larger land holding to facilitate the transfer of land for conservation purposes will not count towards the maximum of three consents allowed since November 25, 2003. Confirmation of the transfer of ownership of the majority of the lands into the ownership of the conservation agency shall be required at the time of application through a purchase and sale agreement, or similar documentation.
9.3.2
Rural Lot Creation Policies
a)
In the Rural Lands designation, a maximum of three (3) new lots (exclusive of the retained parcel) may be permitted through the consent process from a lot of record as it existed on November 25, 2003, where it is demonstrated that a plan of subdivision is not necessary for the orderly development of the land and will not limit such development by plan of subdivision. The lot of record that existed on November 25, 2003 shall be deemed to exclude any portion of the lot that was subject to a consent application that was conditionally approved prior to November 25, 2003, provided that the consent conditions were satisfied and the lot was created in accordance with the decision to approve the consent, regardless of whether the consent lot was conveyed after November 25, 2003.
b)
In the Rural Lands designation, additional consents may be granted to allow residential lot creation by way of infilling within existing concentrations of residential development. In the Rural Lands designation, infilling shall refer to situations where the lands under consideration front upon a public road and are between two existing rural residential lots (i.e. side lot lines form the boundaries of the area subject to infilling), or an existing residential lot and a natural or humanmade barrier such as a public road, a navigable stream or a railway right-ofway, separated by not more than approximately 100 metres and located on the same side of the road. Infilling shall also refer to situations where waterfront lands under consideration accessed by a private road are between two existing waterfront residential lots.
9.3.3 a)
Settlement Area Lot Creation Policies
In the Settlement Area designation, consents may be granted for: i)
Infilling built-up areas, and rounding out the boundary of the settlement area
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b)
ii)
Creation of new lots in already developed areas;
iii)
Lot enlargement, lot boundary adjustments and title correction purposes; and,
iv)
Assembling land for future development.
In the Settlement Area designation, where the proposed development has the effect of extending the built-up area beyond its existing limits, the Township will ensure that new lots are adjacent to or abut the existing limit of the built-up area.
9.3.4 a)
b)
Agricultural Lot Creation Policies
Consents may only be permitted on lands designated Prime Agricultural Area for the following purposes, in accordance with other policies of this Plan: i)
To create a farm holding where both the severed and retained lots are large enough to support a farm operation. The minimum lot size shall be established in the implementing by-law;
ii)
For a lot addition to enlarge a farm parcel to make it a larger, more viable operation;
iii)
Infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way;
iv)
Lot adjustments for legal or technical reasons and minor boundary adjustments;
v)
One new residential lot per farm consolidation for a residence surplus to an agricultural operation;
vi)
To create a lot for an agricultural-related use.
Consents to sever a residential lot for a residence, including any associated additional residential units, surplus to an agricultural operation resulting from a farm consolidation are subject to the following: i)
The lands to be consolidated as part of the farming operation have been purchased by a bona fide farming operator prior to the application for consent or there is a legally binding agreement of purchase and sale.
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ii)
The residence surplus to a farming operation must be considered a habitable residential dwelling that meets building code requirements for occupancy.
iii)
The proposed lot containing the dwelling shall have a minimum lot area of 0.8 hectares and a maximum lot area based on:
- The area required to accommodate the surplus dwelling, any associated additional residential units, accessory residential buildings and structures, existing access, and water and sewage services;
- Safe and direct access to a public road that is maintained yearround, to the satisfaction of the Township;
- Compatibility with surrounding established lot fabric;
- Location within proximity to an existing building cluster; and,
- Minimization of agricultural land consumption.
- The proposed lot containing the dwelling meets Minimum Distance Separation (MDS) I formulae requirements from any existing livestock facility or anaerobic digester on the remnant parcel.
- The zoning on any remnant parcel of farmland shall be amended to prohibit a dwelling and additional residential units.
c)
For the purposes of this section: i)
A farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation within the Township and/or in a municipality adjacent to the Township.
ii)
A bona fide farmer:
- Must own and be the operator of a farming operation on the lands from which the surplus dwelling is proposed to severed;
- Must provide proof of ownership of other farm properties, including proof of a farm business registration number applicable to the properties;
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- Must own a residence elsewhere therefore rendering the residence on the subject farm surplus to their needs; and,
- May include a limited company sole proprietorship, incorporated company, numbered company, partnership, non-profit, or similar ownership forms, provided they have a farm business registration number. d)
Consent to create a lot for an agriculture-related use shall have a minimum lot area of 0.8 hectares and a maximum lot area based on: i)
The area required to accommodate the use, existing access, and appropriate water and sewage services;
ii)
Safe and direct access to a public road that is maintained year-round, to the satisfaction of the Township;
iii)
Compatibility with surrounding established lot fabric;
iv)
Location within proximity to an existing building cluster; and,
v)
Minimization of agricultural land consumption.
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10 Secondary Plans Secondary Plans establish more detailed policies to address specific land use and development issues in particular areas that required more consideration. Secondary Plans may be adopted for areas such as Settlement Areas, Employment Areas, large tracts of undeveloped land on Rural Lands, areas that are multi-faceted and complex, and areas planned to undergo fundamental changes in terms of planned function or land use pattern.
10.1 General Policies a)
The preparation of secondary plans shall be guided by the intent and purpose of this Plan and shall be developed having regard for: •
Surrounding land uses;
•
Environmental constraints and impacts;
•
The physical suitability of the land in relation to the servicing approach;
•
Public utilities;
•
Schools, parks, and other community facility uses;
•
The major road systems particularly as they relate to accessibility and safety;
•
Housing types and forecasted populations; and
•
Forecasted employment growth.
b)
A secondary plan will address and coordinate matters such as: •
definition of the boundaries of the study area
•
type and location of proposed land uses, including parks and open spaces, schools and community facilities, commercial areas, and employment areas
•
assigning a mix of residential and/or non-residential land uses
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•
density of development
•
land ownership pattern
•
road design including the location of arterial and collector roads
•
traffic impacts and improvements required to accommodate new development and active transportation
•
subdivision of land
•
protecting the natural heritage system
•
protecting cultural heritage resources
•
identifying and protecting prime agricultural land
•
stormwater management
•
timing and staging of proposed development
•
appropriateness of intensification initiatives
•
avoiding natural hazards
•
providing public service facilities including libraries, recreation, fire protection and education facilities
•
improving accessibility for persons with disabilities
•
climate change mitigation and adaptation strategies
•
integration with adjacent established land uses
•
detailed servicing policies for the development area, as well as for existing uses (e.g. main street, commercial, residential), including potential for intensification and any expansion of the settlement area boundary;
•
ensuring that new development will have no negative impacts or adverse effects on the quality and quantity of water (i.e., groundwater and surface water supplies).
•
strategies for implementation
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c)
Secondary plans may contemplate permitting a wider range of residential uses including townhouses and multiple unit dwellings within Rural Lands.
d)
Secondary plans will be prepared, presented for public consultation, and adopted in the same manner as an Official Plan Amendment, and will form part of Section 10. Secondary plans are to be read in conjunction with the rest of Official Plan. Secondary plans should be sufficiently flexible to permit minor deviations or adjustments in land use boundaries, road alignments, and density provided the general intent of both this Plan and the secondary plan are maintained. However, where there is discrepancy between the Official Plan and secondary plan policies, the more detailed policies of the secondary plan shall take precedence.
e)
Where the Township is leading the secondary plan process, a terms of reference specific to the area intended for the secondary plan will be prepared prior to the initiation of the secondary plan.
f)
The Township may require development proponents to prepare a secondary plan before new development is permitted in any and all areas including Settlement Areas, Rural Lands and Future Secondary Planning Areas, in accordance with this Plan.
g)
Any privately initiated secondary plan shall require Township approval of a terms of reference prior to the initiation of the secondary plan process. The terms of reference should identify all required supporting studies and reports, and how the plan will adhere to Official Plan policies. All municipal fees and expenses related to a privately-initiated secondary plan shall be the responsibility of the proponent.
h)
The priority locations for the development of secondary plans shall be in Settlement Areas and Employment Areas shown on Maps A and B, and in Future Secondary Planning Areas shown on Map H.
i)
Industrial uses will be further defined and will be zoned in a separate category in the implementing by-law. The implementing by-law will also establish appropriate provisions and standards for industrial uses.
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10.2 Future Secondary Planning Areas Future Secondary Planning Areas shown on Map H identify where further study is needed to confirm that these areas can accommodate anticipated future growth on municipal water and sewage services, and where secondary planning is required to direct growth and guide change in these areas. Future Secondary Planning Areas generally extend one kilometre from settlement area boundaries, and they include lands between Settlement Areas along connecting roads to capture potential future expansion areas and Employment Areas. They exclude lands in the Prime Agricultural Area designation and Provincially Significant Wetlands, as they are not available for development. Two of the Future Secondary Planning Areas extend south along Perth Road and Battersea Road toward Glenburnie and the boundary with the City of Kingston. a)
The Township will initiate and lead groundwater studies for Future Secondary Planning Areas to identify areas with suitable water quantity and quality to support development on municipal communal services.
b)
Until such time as a required secondary plan is approved for Future Secondary Planning Area, the Township may permit limited land division and/or development, and conservation design subdivisions, provided such development conforms with this Plan and does not compromise or predetermine the outcome of the secondary plan, to the satisfaction of the Township.
c)
Existing development is recognized and existing uses are permitted to continue in the Future Secondary Planning Areas.
d)
Future Secondary Plan Areas shall be placed in an appropriate category in the implementing by-law in order to control the amount and scale of development until such time as a secondary plan is complete.
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11 Implementation This section addresses how the Official Plan will be implemented through various Township procedures and by-laws, and coordination with other agencies. Requirements for various development processes and development applications are also explained in this section.
11.1 Amendments to the Plan a)
Any amendment to this Plan must: i)
be consistent with the Provincial Planning Statement;
ii)
be consistent with any Provincial plan in effect for the Township;
iii)
be in conformity with the County of Frontenac Official Plan; and
iv)
not conflict with other policies and the general intent of this Official Plan.
b)
When amendments are made to the Official Plan, appropriate amendments may also be required to the implementing by-law.
c)
Minor corrections to this Plan are permitted if the proposed change is of a technical or an administrative nature undertaken for the purpose of correcting formatting (e.g., text font, boldface, italics, capitalization, etc.), spelling or grammar errors, page numbers or section numbers, headings, section cross-references, or any other minor technical errors that do not impact the interpretation of policy.
d)
An Official Plan amendment will not be necessary for the purpose of preparing an Official Plan consolidation of amendments.
11.2 Monitoring a)
This Plan shall be reviewed no later than ten years following its date of approval.
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b)
The Township may complete a review that includes a comprehensive review of the Official Plan which takes place every five years following the initial ten-year period, should it be deemed to be warranted.
c)
The Township will monitor the Plan at regular intervals to determine if the objectives of the Plan are being met as it relates to estimated population growth, new housing created, affordable housing created, and estimated jobs created in each major economic sector. If any of the assumptions on which this Plan is based were to change substantially, a partial or complete review of the Plan may be undertaken at that time in order to determine whether the policies of the Plan are still appropriate.
d)
In accordance with the Planning Act, as part of this review, the Township will hold a special public meeting to discuss the need for revisions to the Official Plan. If changes are warranted, appropriate amendments will be made following the review.
11.3 Construction of Public Works The Township may undertake public works for the purpose of implementing this Plan. No public works shall be undertaken that do not conform to the intent and purpose of the Plan.
11.4 Land Acquisition The Township may acquire and hold land within the Township for the purpose of development that implements this Official Plan. The Township may also sell, lease, or otherwise dispose of such land when no longer required in accordance with the Municipal Act and other relevant provisions of this Plan.
11.5 Zoning By-law a)
Following approval of the Official Plan, the Township shall enact new and/or updated Zoning By-law provisions to implement the Plan. As set out in Section 34
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of the Planning Act, the Zoning By-law will regulate the use of land, the erection and use of buildings and structures, yard requirements, setbacks, parking and loading space requirements and other such matters. b)
Subject to Section 24 of the Planning Act, no zoning by-law shall be passed unless it is in conformity with this Plan.
c)
The zoning by-law will include provisions for the potential development of lots legally existing at the time of passage of the zoning bylaw that do not conform to the size or other requirements of the zoning by-law.
d)
It is not the intent of this Plan to unnecessarily prevent the continuation, expansion or enlargement of existing uses which do not conform with the land use designations or related policies of this Plan and thereby create situations of unnecessary hardship.
e)
i)
Council may, where deemed advisable, zone those uses legally existing at the date of adoption of the Official Plan and/or legally existing prior to the adoption of an implementing zoning by-law, so as to recognize the use existing, provided this does not result in an increased adverse effect on the use of adjacent lands.
ii)
In certain circumstances, it may be desirable to grant the extension or enlargement of a non-conforming use as provided by the Planning Act and by this Plan.
Council may, in conjunction with a zoning by-law passed pursuant to Section 34 of the Planning Act, impose one or more prescribed conditions on the use, erection or location of buildings or structures, and may require an owner of land to which the by-law applies to enter into an agreement with the Township relating to the condition(s). This agreement may be registered against the lands to which it applies, and the Township may enforce the agreement against the owner and any and all subsequent owners of the land.
11.6 Holding Provisions Pursuant to Section 36 of the Planning Act, the Township may utilize holding provisions in conjunction with the Zoning By-law. Holding provisions consist of holding “h” symbols placed over individual properties or holding “h” overlays placed over geographic areas.
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It is intended that holding provisions shall be implemented by means of the implementing Zoning By-law. The Zoning By-law shall specify the uses of land permitted and any regulations applying to the land during the time for which the holding provisions are in place. Conditions or criteria that are to be satisfied before the holding provisions can be removed shall be clearly stated in the Zoning By-law. When the requirements are met to the satisfaction of the Township, the holding provision may be removed by the Township in accordance with the provisions of the Planning Act. Such conditions include but are not limited to entering into a subdivision/condominium/site plan agreement with the Township, undertaking certain studies, required infrastructure improvements, or meeting financial obligations. a)
b)
The Township may use holding provisions in a Zoning By-law to meet the following objectives: i)
To assist in the phasing of development and/or redevelopment;
ii)
To co-ordinate development and/or redevelopment with the provision of municipal communal water and sewage, storm sewer and other services;
iii)
To control development and/or redevelopment which may necessitate special design considerations;
iv)
To delay or phase development and/or redevelopment until such time that stated planning related criteria can be satisfied.
To aid in the selection of sites or areas that may be subject to holding provisions, the following locational criteria are identified: i)
i) lands in a built-up area which are undeveloped;
ii)
ii) lands which are unserviced;
iii)
iii) lands which do not have adequate access or frontage onto a public roadway;
iv)
iv) lands which may be contaminated and/or are adjacent to hazardous, noxious, temporary or otherwise undesirable uses or activities; and
v)
v) lands which are near or fronting onto public roads which are subject to hazardous conditions or are inadequate to handle current traffic volumes.
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11.7 Temporary Use By-laws Pursuant to Section 39 of the Planning Act, Council may pass a Temporary Use By-law for the purpose of allowing a use that is otherwise prohibited by the Zoning By-law. a)
The temporary use may be initially authorized for a period of time up to three years from the date of the passing of the by-law, except in the case of garden suites which may be authorized for up to twenty years with the initial approval, with further extensions of three years.
b)
A Temporary Use By-law may be extended by by-law for further periods of not more than three years each.
c)
Upon the expiry of a Temporary Use By-law, the use authorized by the by-law shall cease, unless extended by by-law.
d)
The following criteria shall be evaluated for applications for temporary uses: i)
The proposed use shall be compatible or can be made compatible with the surrounding land uses,
ii)
Required services shall be adequate for the proposed use,
iii)
Access and parking are appropriate for the proposed use,
iv)
The difficulty involved in terminating the proposed use when the authorizing by-law expires; and
v)
The difficulty in restoring the subject lands, buildings and structures to either their initial state or an improved state.
11.8 Interim Control By-laws The Township may pass Interim Control by-laws to control the use of land, buildings, or structures within designated areas of the Township and in accordance with the provisions of Section 38 of the Planning Act to prevent or limit development until detailed studies for the subject lands are completed and approved by the Township. Any Interim Control by-law approved by the Township shall initially be in effect for a
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period of up to one year from the date of passing of the by-law but may be extended for a maximum of one additional year.
11.9 Part Lot Control By-law In accordance with the Planning Act, part lot control has the effect of preventing the division of land in a registered plan of subdivision, other than that allowed for in the approved plan of subdivision, without further approvals. The part lot control provisions of the Planning Act allow a municipality to pass by-laws to remove part lot control from all or any part of a registered plan of subdivision. Such a by-law has the effect of allowing the conveyance of a portion of a lot without requiring the approval of the land division committee. a)
The Township may pass by-laws to exempt all, or parts of, registered plans of subdivision from part-lot control.
b)
Part Lot Control By-laws may be repealed or amended by the Township.
11.10 Other By-laws The Township may pass by-laws under the authority of the Municipal Act or any other Act may implement the policies of this Plan. For instance, By-laws dealing with the regulation of derelict motor vehicles, wrecking yards, trailers or signs may be passed by the Township where considered appropriate. Any such By-law shall conform to this Plan.
11.10.1 Safe Properties and Property Standards The Township may adopt a Property Standards By-law as provided for under the Building Code Act with the objective of maintaining buildings, structures, and properties in the Township in a good state of repair. The By-Law may be reviewed from time-totime with respect to the standards for maintenance of buildings and properties and without limiting the foregoing, shall include consideration for: a)
The maintenance of yards and accessory buildings;
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b)
The maintenance of residential and non-residential buildings and structures;
c)
Occupancy standards;
d)
Notices and orders; and,
e)
Administration and enforcement measures.
11.10.2
Shoreline Protection By-law
The Township may establish a Shoreline Protection By-law under the Municipal Act to control or prevent the degradation of waterfront areas which could be caused by the removal of trees and vegetation or the disturbance of native soils.
11.10.3
Cash-in-lieu of Parking Facilities
The Township may establish a by-law to permit Council to enter into an agreement with an owner of land to exempt the owner from the off-street parking requirements of the implementing by-law, and to require monetary payment to the Township as consideration for granting the exemption.
11.11 Delegation of Authority a)
Council may delegate its authority for various approval or advisory functions in accordance with the provisions of enabling legislation including the Planning Act, the Municipal Act, and the Ontario Heritage Act.
b)
Council may, by by-law, delegate its authority for various approval or advisory functions to:
c)
i)
A committee of council; or,
ii)
An individual who is an officer, employee, or agent of the municipality.
The delegation of applications under the Planning Act does not alter any notice or public meeting requirements or limit appeal rights. It also does not change the requirements under the Planning Act for land use planning decisions to be consistent with the Provincial Planning Statement and to conform or not conflict with Provincial plans or the County of Frontenac Official Plan.
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d)
In receiving and reviewing a planning application, a committee of Council or an appointed officer, employee, or agent, which has been delegated authority, will provide information to the public and host required public meetings in accordance with the Planning Act. Consultation with the applicable Conservation Authority, the County of Frontenac, Parks Canada, Provincial ministries, Indigenous communities, and other applicable agencies will be completed.
e)
Council may delegate its authority for planning applications, by by-law, as follows: i)
Consents (Land Severances);
ii)
Validation Certificates; and,
iii)
Minor Zoning By-Law Amendments including:
iv)
A by-law to remove a holding symbol under Section 36 of the Planning Act where the conditions to remove the holding symbol have been met and any required agreements have been executed.
v)
A by-law to permit a temporary use under Section 39 of the Planning Act.
11.12 Committee of Adjustment A Committee of Adjustment has been appointed by Council to make decisions on the following types of applications: a)
A minor variance to the zoning by-law;
b)
The extension or enlargement of a legal non-conforming use;
c)
To allow a change in the use of land, buildings or structures from one legal nonconforming use for a purpose that is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law;
d)
A consent for land division.
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11.12.1 a)
Minor Variance
The Committee of Adjustment may grant a minor variance from provisions of a zoning by-law, if the Committee is satisfied that: i)
That the general intent and purpose of the Official Plan is maintained;
ii)
That the general intent and purpose of the Zoning By-law is maintained;
iii)
The variance is desirable for the appropriate development or use of the land, building, or structure; and
iv)
The variance is minor in nature.
b)
The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of the application for a minor variance, including a development agreement or site plan approval where required in this Plan, any reasonable requirements, recommendations of Township departments or the submission of studies.
c)
In considering whether an application for a minor variance is desirable for the appropriate development or use of the land, building, or structure, the Committee of Adjustment shall have regard for, but will not necessarily be limited to, the following: i)
The proposed development meets the intent of all applicable policies of this Plan;
ii)
The conformity of the proposal to any design guidelines or other by-laws which implement the Plan;
iii)
The proposed development shall be compatible with surrounding uses, buildings, or structures, and development standards associated with adjacent properties, and if necessary, shall incorporate means of mitigating adverse effects on abutting land uses to ensure compatibility;
iv)
The ability of the site to function in an appropriate manner in terms of site servicing, access, parking for vehicles and bicycles, or any other matter and means of improving such function, including considerations for universal accessibility; and,
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v)
d)
Whether the application and the cumulative impact of the proposed variances would be more appropriately addressed through a Zoning By-law Amendment.
In considering whether a proposed variance is minor, the Committee of Adjustment shall have regard for, but will not necessarily be limited to, the following: i)
Technical or physical reasons for not complying with the Zoning By-law;
ii)
Size or comparison in size;
iii)
If it is too large or too important to be considered minor;
iv)
If it is rounding out development in the area; and,
v)
Impact on adjacent properties and the general surrounding area.
11.12.2 Permission to Change, Extend or Enlarge a Non-Conforming Use a)
b)
The Committee of Adjustment may grant a permission to change, extend or enlarge a legal non-conforming use, if the Committee is satisfied that: i)
the application is desirable for appropriate development of the subject property; and
ii)
the application will result in undue adverse impacts on the surrounding properties and neighbourhood.
Proposals to change, extend or enlarge a non-conforming use will be reviewed against all applicable policies of this Plan, including, but not limited to, those in Section 3.11. i)
The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of the application for a legal non-conforming use, including a development agreement or site plan approval where required in this Plan and by the Township’s Site Plan Control By-Law, and any reasonable requirements or recommendations of Township departments or the findings of applicable studies or plans.
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11.12.3
Consents
a) All decisions made regarding applications for consent shall consider the land division policies of Section 9 and all other applicable policies of this Plan.
11.13 Dedication and Tenure of Land for Parks and Conservation a)
In accordance with the Township’s Parkland Dedication By-law the Township will require parkland dedication or cash-in-lieu of parkland.
b)
In considering lot creation by plan of subdivision or consent application, or unit creation condominium, the Township may require the applicant to dedicate up to 5% of the land to the provision of public open space for residential or institutional developments. The Township may require that the applicant dedicate 2% of the land for commercial or industrial developments to the provision of public open space.
c)
The Township may, as a condition of site plan control approval, require the applicant to dedicate up to 5% of the land to the provision of public open space for residential or institutional developments. The Township may require that the applicant dedicate 2% of the land for commercial or industrial developments to the provision of public open space.
d)
At the discretion of Council, this dedication may take the form of land or payment in lieu, pursuant to Section 51.1 of the Planning Act.
e)
Where development is proposed on a site, part of which has physical or natural hazards, then such land shall not necessarily be acceptable as part of the required parkland dedication under the Planning Act. All lands dedicated to the Township shall be conveyed in a physical condition that is acceptable to the Township.
f)
Outside of the parkland dedication provisions of the Planning Act, the Township encourages the use of innovative forms of tenure and ownership including
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conservation easements, property acquisition by a local land trust, and/or local conservation authority and the use of available tax incentive programs to ensure long term conservation of unique or important natural environmental properties within South Frontenac. When consents are pursued that have the effect of facilitating the transfer of land into the ownership of a not-for-profit conservation agency, Council shall not require dedication of land, or payment of cash-in-lieu of parkland, provided the long-term intent is conservation of unique or important natural environment features.
11.14 Site Plan Control Site Plan Control ensures that development in the Township is undertaken in accordance with the Township’s Official Plan, Zoning By-laws, other applicable Township By-laws, Provincial policies and regulations, and Township Standards. Site Plan Control has the effect of protecting both public and private interests in relation to proposed new developments. It is also used to mitigate or eliminate negative impacts on adjacent land uses and ensures that certain features of a development are maintained into the future. a)
Pursuant to Section 41 of the Planning Act, the Township establishes the entire municipality as a Site Plan Control area. The Township shall establish a Site Plan Control by-law to regulate development under Section 41 of the Planning Act.
b)
The Township may, as a condition of site plan approval, require the dedication of land for the widening of any street or for improvements to an intersection to the width set out in Section 7.1. The conveyance shall apply to the full frontage of the property wherever a deficiency exists.
11.15 Community Improvement Plans The Township recognizes the importance of supporting and encouraging economic investment to realize the community vision and alignment with Township strategic planning objectives. To that end, the Township has the ability, as provided through
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Section 28 of the Planning Act to provide financial incentives to achieve certain social and community goals. a)
The community improvement policies of this Plan are enabling policies under the Planning Act. The Community Improvement Area applies to all lands within the municipal boundary. It is the intent of Council that the Community Improvement Area may be designated, in whole or in part, by by-law, as one or more defined community improvement project areas for which detailed community improvement plans will be prepared.
b)
Community improvement plans are created for various situations where there is an identified community need. Therefore, the designation of a community improvement project area, and the creation of a community improvement plan, will be entirely at the discretion of Council.
c)
The provision of financial assistance in a community improvement plan will be entirely at the discretion of Council. The Township shall be satisfied that its participation in community improvement activities will be within the financial capabilities of the Township.
11.16 Community Planning Permit System The Township may implement a Community Planning Permit System (CPPS) as a planning tool to streamline the development approvals process. This CPPS is a land use planning tool that combines zoning, site plan control, site alteration, and minor variance processes into one application and approval process, pursuant to the Planning Act. When the Township develops a CPPS, comprehensive policies shall be established by amendment to this Plan to: a)
Identify the area that is to be a Community Planning Permit area and subject to the Community Planning Permit By-law;
b)
Set out the scope of the authority that may be delegated and limitations on the delegation, if Council intends to delegate authority under the Community Planning Permit By-law;
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c)
Contain a statement of the goals, objective, and policies in proposing a Community Planning Permit System for the area;
d)
Set out the types of criteria that may be included in the Community Planning Permit By-law for determining whether any class of development or any use of land may be permitted by Community Planning Permit; and,
e)
Set out the types of conditions that may be included in the Community Planning Permit By-law.
11.17 Pre-application Consultation a)
Pre-application consultation may be required for all planning applications where the Township is the approval authority. The Township may structure the preapplication consultation process to include multiple stages, where warranted, based on the complexity of the proposal and the type of application. Details regarding the process will be included in a pre-application consultation by-law.
b)
The Township may establish pre-application consultation fees to cover staff time to review and assess application information and technical studies prior to declaring an application complete.
c)
The Township may require a proponent to hold a public open house as part of the pre-application consultation process, prior to any statutory public meetings required by the Planning Act. The open houses will be held for large or complex applications and will be at the discretion of the municipality.
d)
Where applications require the approval of the County of Frontenac (i.e., Official Plan Amendments), the County will be involved in pre-application consultation and will assist the Township in determining the requirements of a complete application. The County will be engaged early in this process to assist in ensuring any concerns or issues the approval authority may have can be addressed early in the application process.
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11.18 Complete Application Requirements a)
The submission of a complete application may include, but not be limited to, the completion of any applicable municipal forms, the payment of all required fees, the submission of studies, reports and drawings, and technical comments on studies, reports and drawings by all relevant departments, agencies, ministries, or thirdparty peer reviewers.
b)
In situations where the Township acts as the planning approval authority, the Township shall request additional information and material that it needs to thoroughly assess development proposals or Planning Act applications. Such information that may be required to deem an application complete may include but is not limited to any of the following: i)
Arborist report
ii)
Concept Plan/Plot Plan/Survey Sketch showing the ultimate use of land;
iii)
Assessment of Adequacy of Public Services/Conceptual Site Servicing Study;
iv)
Servicing Options Report;
v)
Hydrogeological and Terrain Analysis;
vi)
Erosion and Sediment Control Plan;
vii)
Geotechnical Study/Slope Stability Assessment;
viii) Floodplain Management Study ix)
Impact Assessment of Adjacent Waste Disposal / Former Landfill Site (i.e. D4 MECP Guideline study);
x)
Noise/Vibration Study (i.e., D-6 MECP Guideline study, NPC-300 study);
xi)
Transportation Impact Study or Brief or Community Traffic Study;
xii)
Cultural Heritage Impact Statement;
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xiii) Minimum Distance Separation Formulae; xiv) Planning Justification; xv)
Environmental Impact Assessment;
xvi) Agricultural Impact Assessment; xvii) Lake Impact Study; xviii) Lakeshore Capacity Assessment; xix) Mineral Aggregate Impact Assessment; xx)
Agrology and Soil Capability Study;
xxi) Phase 1 Environmental Site Assessment (ESA); xxii) Phase 2 Environmental Site Assessment (ESA); xxiii) Record of Site Condition; xxiv) Amendment to the regional Source Protection Plan; xxv) Reasonable Use Study; xxvi) Groundwater Impact Assessment; xxvii) Stormwater Management Plan; xxviii)
Archaeological Resource Assessment;
xxix) Tree Preservation and Protection Plan; xxx) Assessment of Landform Feature; xxxi) Mine Hazard Study / Abandoned Pit or Quarry; xxxii) Hydrologic and Hydraulic Study; xxxiii)
Shoreline Planting Plan;
xxxiv)
Public Consultation Strategy;
xxxv) Three dimensional building mass model xxxvi)
Landscaping plan Page 171
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xxxvii) Lot grading and drainage plan xxxviii) Parking and/or loading study xxxix)
Wildland fire risk assessment
xl)
Tree inventory
xli)
Ecological site assessment
xlii) Land use compatibility study xliii) Statement of achievement of the Site Plan Control requirements of this Plan; and/or, xliv) Any other studies required by the Township that are not reflected in the above list. c)
Any additional studies or information that is required as part of a complete application under the Planning Act will be at the discretion of the municipality, to ensure that all the relevant and required information pertaining to a development application is available to enable Council or its designated approval authorities to make informed decisions within the prescribed time periods. It also ensures that the public and other stakeholders have access to all relevant information early in the planning process.
d)
Studies shall meet any terms of reference or requirements established by the Township or appropriate approval authority through the pre-application consultation process with the Township.
e)
All required reports and technical studies will be carried out by qualified professional retained by and at the expense of the proponent. The Township may require a peer review of any report or study by an appropriate public agency or a professional consultant retained by the Township at the proponent’s expense.
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12 Site Specific Policy Areas This section sets out site specific approvals from previous Official Plans, and which had not been fully developed at the time this Plan was prepared. The sites described below are identified on Map A. a)
Part Lot 38, Concession VII, Storrington District – 2965 Battersea Road, McGarvey Stone House i)
b)
Part Lot 25, Concession VII, Storrington District – Collins Lake Estate i)
c)
The site shown on Map A as Area 2 in the Rural Lands designation, may be used for highway commercial uses. Such highway commercial uses shall be limited to daycare facilities, personal service shops, professional offices, grocery stores and retail stores.
Part Lot 1, Concession XII, Bedford District – Buck Lake i)
d)
The site shown on Map A as Area 1 in the Rural Lands designation may be used for a multiple unit residential building containing not more than six dwelling units.
The site shown on Map A as Area 3 in the Rural Lands designation shall have a minimum lot area of 92.9 sq. metres (1,000 sq. feet). The use of these lands shall be limited to boat docking facilities only. Docking facilities shall be limited to 25 spaces, 20 of which shall be made available to property-owners on Porcupine and Buck Islands. No further severances shall be permitted and, except for the docking structure, the remainder of the lands shall be maintained in a natural vegetative state. Maintenance of the docking facilities shall be undertaken in an environmentally sensitive manner.
Special Lot Waterfrontage Criteria (Pt. Lots 24 and 25, Concession X, Storrington District)
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i) e)
The site shown on Map A as Area 4 in the Rural Lands designation shall not be permitted any consents for lot creation.
Pt. Lots 27, 28 and 29, Concession XI, Bedford District – Timmerman Island i)
The site shown on Map A as Area 5 in the Rural Lands designation may be permitted up to seven single detached dwellings, provided the following policies and all other relevant policies of this Official Plan are met:
The property must have sufficient private mainland parking and boat docking/launching facilities to service the number of persons and single detached dwellings proposed without placing demands on existing public access facilities; The lands will be placed in a separate category in the Zoning By-law. The location of the dwellings must meet the setbacks and other lot criteria of the Zoning By-law such that lot division could take place in the future if desirable; The required site plan will be in sufficient detail to permit it to be adapted for use as an application for a registered plan of subdivision. The development will be by a plan of subdivision, thereby ensuring that the land and the development shown on it will be capable of being subdivided in accordance with the policies of the Official Plan and the requirements of the Planning Act. The site plan shall be registered against the lands. These policies are intended to allow development on the lands described only and they are not intended to be used to evade the normal consent or subdivision process. f)
Pt Block K, Plan 50, Loughborough District – Closed Sydenham Waste Site i)
The site shown on Map A as Area 5 in the Settlement Area designation is a closed waste site within lands owned by the Township adjacent to Sydenham Lake, in the area of the Point Park, according to Provincial records. This landfill operated through the 1970s and 1980s and is understood to be limited in area. There is no associated area of influence around this facility as the majority of surrounding lands are owned by the Township. The Township will work with the Province to determine the boundaries of the closed landfill. The Township will undertake a review and testing, if necessary, to determine if the landfill remains any risk to future development.
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13 Definitions This section of the Plan provides additional information on how to interpret legislative references. The Provincial Planning Statement, 2024, includes definitions of numerous terms used in its policies (i.e., “development”, “sensitive land uses”, “adjacent lands”, etc.). Those definitions will apply when reading this Plan, where those terms are used. Where a definition is required for clarification of a term used in this Plan that is not defined in the Provincial Planning Statement, or where the definition differs from the Provincial Planning Statement for the purposes of this Plan, the definitions found in this section shall be referenced. Additional residential unit: means a self-contained residential unit with its own kitchen, bathroom facilities, and sleeping areas within a principal dwelling or within a structure accessory to a principal dwelling and located on the same lot. Back lot: means a lot that does not have frontage on a waterbody and that is physically separated from the shoreline by a legally conveyable parcel of land and a private road. Co-housing: means a dwelling unit that combines the autonomy of compact selfcontained private dwellings with the benefits of shared, spacious community amenities that typically include a large dining room, kitchen, recreation spaces, meeting rooms, etc. Flex housing: means the floor plan and layout of a dwelling unit has built-in features that allow the available space/use to be easily change, as needed. Garden suite: means a one-unit detached residential structure containing bathroom and kitchen facilities that is accessory to an existing residential structure, and that is designed to be portable. Modular home: means a home that has been built to the Ontario Building Code, inside a home-building factory. Once complete, the modules (or components of these homes) are transported by truck to their new location and assembled by qualified trades people onto the already poured foundation.
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Self-determination: means the right of Aboriginal communities to freely determine their political condition and pursue their form of economic, social, and cultural development within their traditional and treaty territories. Small-scale renewable energy system: means a renewable energy system which produces electricity primarily for domestic, on-site consumption, and which may include a limited sale of electricity to the transmission grid. Waterbody, narrow: means an area where the maximum general distance from shoreline to shoreline is 150 metres for a lake. Guidelines for measuring narrow waterbodies are included in Figure 1 to this Plan. Waterbody, shallow: means an area where the water is less than 3 metres deep, 30 metres offshore at low water.
Page 176
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SOUTH
———————1
FRONTENAC MAP B:
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1:175,000
DRAFT 2024-07-29
Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
Page 266 of 271
Sydenham Rd
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E THOUSAND IS LEEDS AND TH INGSTON K
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y St Wheatle
Brewery St
Rutledge Rd
Sydenham Lake
Sydenham Mill St
St
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Stage Coach Rd
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ha m
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rd
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Alton Rd East
d rR ate arw e l C
While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
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Lake
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Holmes Rd
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Davidson Rd
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1:175,000
DRAFT 2024-07-29
Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
Page 267 of 271
Forest Rd
Rd
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Sumac Rd
Fis hin g
Battersea e Rd Lak
No rth
Wilmer Rd
Rd
b gh
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Ma cg
Leland Rd
Factory Rd
Scanlan Rd Railton Rd
La ke
Pe rth Rd Draper Lake Rd
Ch
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Waterbody
Burnt Hills Rd
hie Ritc Rd
Lakefield Dr
ll Rd pbe am
Amey Rd
Sydenham Rd
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Frontenac Provincial Park
Dean Smith Rd
Old Boy Rd
Florida Rd
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Wil ton Rd
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en Rd Gre lie ar
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Mclean Rd
Lake Rd
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Mcconnell Rd
Alton Rd East
on
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Milburn Rd
Freeman Rd
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Latimer Rd
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Clark Rd
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Vanluven Rd
Little Long
Rosedale Rd
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Wallace Rd
Ellerbeck Rd
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Colebrook Rd
Road 38
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Bradford Rd West
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Produced by the County of F rontenac under license with the Ontario Ministry of Natural Resourc :es © King’s Printer for Ontario, 2024.
While the Township makes 9 very effort to insure that the information presented is accurate for the int‘ ended uses of this map, there is an inherent e and accuracy of the mapping cannot be error in all mapping products, guaranteed for all possible us es. This map displays basic topographic f latures only. e
Page 271 of 271 Township of South Frontenac By-Law Number 2025-20 Page 1 of 1 By-Law Number 2025-20 A By-Law to Confirm generally all actions and proceedings of the Council meeting of the corporation of the Township of South Frontenac on March 18, 2025 Whereas Section 8 of the Municipal Act, S.O. 2001 c. 25 and amendments thereto provides that a municipality has the capacity, rights powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act of any other Act and; Whereas Subsection 2 of Section 11 of the Municipal Act S.O. 2001, c. 25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of the jurisdiction described in the Table to Subsection 2, subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O 2001 c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise, and; Whereas the Council of the Township of South Frontenac deems it expedient to confirm its actions and proceedings; Therefore, be it resolved that the Council of the Corporation of the Township of South Frontenac hereby enacts as follows:
- The all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on March 18, 2025, be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
- That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac held March 18, 2025, be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
- That all actions and proceedings of the Council of the Corporation of the Township of South Frontenac taken at its regular meeting held on March 18, 2025, except those taken by by-law and those required by bylaw to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.
- Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
- This By-law shall come into force and take effect on the date of its passage. Given First and Second Readings: Tuesday, March 18, 2025 Given Third Reading and Passed: Tuesday, March 18, 2025
James Thompson, Clerk
Ron Vandewal, Mayor
