Sault Ste. Marie North Official Plan

Transcription

1 Sault Ste. Marie North Official Plan November 2013

2 Table of Contents 1.0 Introduction APPLICATION THE PLANNING ACT ISION FOR SAULT STE. MARIE NORTH GLOSSARY OF ACRONYMS Natural Heritage, Environmental Protection and Hazard Policies WATER QUALITY AND QUANTITY NATURAL HERITAGE FEATURES AND AREAS ENIRONMENTAL MANAGEMENT POLICY AREA MINING AND OTHER HAZARDS Economic, Community Development and Infrastructure SOCIAL AND HUMAN SERICES PUBLIC STREETS AND FACILITIES ECONOMIC BASE EFFICIENT USE OF LAND, INFRASTRUCTURE AND PUBLIC FACILITIES TRANSPORTATION SYSTEMS PLANNING FOR SEWAGE AND WATER SERICES GROWTH AND SETTLEMENT ACCESS TO PUBLIC LAND AND WATERBODIES LANDSCAPES, ISTAS AND RIDGE-LINES CULTURAL HERITAGE, LANDSCAPES, BUILT HERITAGE RESOURCES AND ARCHAEOLOGICAL RESOURCES TRANSPORTATION AND INFRASTRUCTURE CORRIDORS LAND USE COMPATIBILITY Housing Policies INTRODUCTION Agricultural Land Policies INTRODUCTION Conservation Policies CONSERATION OF ENERGY, WATER AND BUILDING MATERIALS TRANSPORTATION MODES WASTE MANAGEMENT SYSTEMS Mineral Aggregate and Mineral Policies MINERAL AGGREGATE RESOURCES P i - November 2013

3 7.2 MINERAL RESOURCES Implementation and Interpretation INTRODUCTION P ii - November 2013

4 1.0 Introduction The Sault Ste. Marie North Planning Area was established in 1976 and a Planning Board appointed in April of that year. The first Official Plan for the Planning Area was prepared in 1978 and approved on January 16, Subsequent to this the Planning Board received consent granting authority in October Although there have been a number of amendments to the Official Plan, including a series of four secondary plans, the plan has never been formally reviewed. In January, 1995, the Planning Board initiated the preparation of a new Official Plan and Zoning By-law to replace the 1978 plan and associated Minister's Zoning Order. The plan will cover the 31 unincorporated township Planning Area extending from the Sault Ste. Marie City boundary in the south to Montreal River on the north and will guide land use decisions for the next 15 to 20 years (see Map 1 - Planning Area). As part of the preparation of the Plan, a series of community workshops were held in the Planning Area (August 21-24, 1995) in the communities of Searchmont, Heyden, Goulais and Batchawana. The Plan was approved with modifications on November 1, The review of the Official Plan in 2009 was undertaken to be consistent with the Provincial Policy Statement, The preparation of the plan was done in conjunction with Ontario's new planning system as embodied in amendments to the Planning Act. This new system which is led by policy, imposes an obligation on the Planning Board to prepare an Official Plan which "has regard for" the Provincial Policy Statement. Extensive consultation was undertaken with various Ministries in collecting data and information relevant to the Provincial Policy Statement. This information was incorporated into a Community Profile. The preparation of the Community Profile followed the format of the Provincial Policy Statement. The objective of using this format is to facilitate the preparation of the new Official Plan by correlating the background information to the preparation of policies. While the Community Profile endeavoured to provide the best available information, it is recognized that some of the features of the landscape have not been studied or investigated to the same extent as areas of Southern Ontario. For this reason, the process of information gathering will continue to be incremental and it is expected that over time, the data base will improve. The best available information was used to formulate policies. Where data was missing, the policies developed are more general but do set out an opportunity to adapt as information becomes available. P November 2013

5 The preparation of the Official Plan is geared to an incremental approach since the mapping component will be based on a geographic information system (GIS) in which layers of information may be added or existing information modified as better information becomes available. Additions to the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will, however, require an amendment to this Plan. 1.1 APPLICATION This Official Plan applies to all lands within the limits of the Planning Area as identified on Map THE PLANNING ACT Section 14 of the Planning Act gives responsibility to The Planning Board of a territory without municipal organization to prepare a plan suitable for adoption as the Official Plan of the Planning Area. Section 14(1) of the Planning Act also requires that The Planning Board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the Board. The Planning Board, as a body corporate, is obliged to appoint a secretary-treasurer and such employees and consultants as are considered appropriate. 1.3 ISION FOR SAULT STE. MARIE NORTH The Sault Ste. Marie North Planning Area is made up of a diverse mix of communities and landscapes. Each community has a unique identity given its location, the scope of community services it provides, the size and make-up of its population and its seasonality. Some communities are clusters of development (built-up communities) while others may be described as linear shoreline development. Most communities however share common characteristics such as low density residential development, shoreline frontage, dependence on tourism or outside sources for economic or employment base and a strong sense of selfreliance. The Planning Area consists of the most dynamic scenery in Ontario as well as a rich endowment of natural resources (forests, mineral resources, mineral aggregate resources, wetlands, water and wildlife). ast areas of the Planning Area are also Crown land and are uninhabited. Settlement patterns have been confined for the most part to the Superior shoreline and Highway 17 corridor, to inland lakes in the southern part of the Planning Area and along secondary provincial highways and rail lines. P November 2013

6 P November 2013

7 The population of the Planning Area has remained relatively constant over the past years but its composition has changed significantly as a result of the outmigration of youth and the in-migration of a pre-retirement and retirement population. This has created notable trends such as cottage conversions, a decline in school enrolments and an increase in the commuter population dependent upon employment in Sault Ste. Marie particularly within the southern townships. Improvements to community services and facilities have been very gradual, most notably in the provision of recreational and fire protection services. The infrastructure and community facilities expected to service the population over the next two decades is in place. Major services provided in adjacent municipalities are not expected to be duplicated in the Planning Area. The settlement pattern is largely established and the supply of available building lots or vacant lands within built-up communities and shoreline communities is largely sufficient for the foreseeable future. In formulating a vision for the Sault Ste. Marie North Planning Area, there are several challenges, most notably: protecting or conserving the natural heritage features and amenities that are the assets and amenities which underscore the beauty and the quality of the rural lifestyles that residents enjoy; managing the area's natural resources both renewable and non-renewable as a component of the economic base by avoiding developments which are incompatible or inappropriate; optimizing the utilization of existing infrastructure and community services, most notably roads, communal sewage and water facilities, utilities, protection services, school bus routes, recreational and cultural services and local commercial services. Optimizing the use of this existing portfolio of services will avoid duplication and unnecessary cost to the public purse; avoiding development which will necessitate the installation of new or extension of existing communal sewage and water services; fostering development which strengthens the identity of existing communities and the unique characteristics they have; conserving the best features of the area's natural beauty and scenery as well as its archaeological and heritage resource features. P November 2013

8 The vision for Sault Ste. Marie North Planning Area recognizes the unique circumstances of the Planning Area such that the lack of a local government structure, the extensive area and diverse geography and the special co-ordinating role of the Planning Board. Keeping this in mind, the "vision" consists of a number of elements: Strengthening the identity of seven distinctive built-up communities (Goulais River, Heyden, Kirby's Corners, Karalash Corners, Havilland Bay, Batchawana Bay and Searchmont-Wabos) through development on existing lots of record or on larger vacant parcels of land, by fostering the development or improvement or maintenance of community infrastructure and community facilities and centralizing commercial and institutional services. These communities will still maintain their rural low density pattern but are expected over time to establish a minimal critical mass that sustains them as healthy communities. Shoreline communities will provide an exclusively residential living environment for both a permanent and seasonal residential population. Further development is also expected through infill and through cottage conversions which meet certain basic development criteria. Public services are expected to be minimal (roads, fire protection, school bussing and access to waste management facilities). Improved public access to water is anticipated. The economic base is largely dependent on tourism, development of the area's natural resources and dependence on employment provided in the City of Sault Ste. Marie. The economic base may be further strengthened by fostering home based businesses and the service commercial sector. Although international markets and trends will influence the success of tourism and the development of resource-related industries, sensible land use policies will serve to encourage entrepreneurial initiatives particularly with respect to resort development and home based businesses. Special purpose bodies continue to be responsible for delivery of basic services and these bodies will play a role in decision-making on improvements or extensions to services if necessary. Such bodies include Local Roads Boards, Statute Labour Boards and Local Services Boards. Planning Board is also expected to assume a greater profile as the repository for a Geographic Information System, through greater empowerment in land use decisions and through the establishment or coordination of decisionmaking with other agencies e.g. Health Council, Local Architectural Conservation Advisory Committee, etc. Planning Board will play a coordinating role in working with special purpose bodies in providing for orderly community development. P November 2013

9 Alternative and renewable energy sources and energy conservation measures will provide for a more sustainable way of life for the residents of Sault Ste. Marie North. The vision of the Sault Ste. Marie North Plan may be summed up as fostering a land use pattern that reinforces a low density and predominantly high quality residential living environment, sustainable development and coupled with the conservation of the unique natural heritage features and natural resources of the area. 1.4 GLOSSARY OF ACRONYMS LRB: SLB: LSB: EIS: ANSI: MMAH: MNDM: MOE: MNR: MTC: MTO: GLP: BMP: GIS: UTM: Local Roads Board Statute Labour Board Local Services Board Environmental Impact Study Area of Natural and Scientific Interest Ministry of Municipal Affairs and Housing Ministry of Northern Development and Mines Ministry of the Environment Ministry of Natural Resources Ministry of Tourism, Culture and Sport Ministry of Transportation Great s Power Best Management Practices Geographic Information System Universal Transverse Mercator (Grid) P November 2013

10 2.0 Natural Heritage, Environmental Protection and Hazard Policies 2.1 WATER QUALITY AND QUANTITY Introduction Water is a natural feature essential to life. Protection of water quality and quantity is important to ensure a sustainable source of water for human consumption; for sustaining terrestrial and aquatic biota; and for industrial, agricultural, domestic and recreational uses. The protection, conservation, enhancement, restoration and sustainability of ground and surface water resources and the security of water supply are matters of provincial as well as Planning Board interest and are a basis for policy formulation for the Planning Area. The sources of good information respecting water quality and quantity are limited within the Planning Area. Broad scale information on groundwater probability, susceptibility of groundwater to contamination, major aquifers and draining basis hydrology is not available. The review of some site specific studies as well as Ontario Geological Survey Mapping on terrain units has indicated that there are variable conditions across the Planning Area. In the absence of detailed information, the policy approach does use specific studies and Best Management Practices (BMPs) (a recognized approach of the engineering profession) at the site specific development stage so as to minimize the impact of development on water quality and quantity and to avoid the degradation of water quality through the cumulative effect of development Goal To provide for the protection, improvement and restoration of the quantity and quality of groundwater and surface water by avoiding development which has a negative impact on this resource and encourage the restoration and remediation to healthy conditions where they have been diminished Objectives 1. To ensure that stormwater management, servicing and hydrogeological studies are undertaken as part of the planning and development process. 2. To improve and restore degraded water quality wherever possible. 3. To use BMPs (a recognized approach of the engineering profession) and water conservation measures to proactively enhance water quality. P November 2013

11 4. To ensure that fish and wildlife habitat are protected and where possible, enhanced or restored. 5. To ensure that natural drainage systems are protected from alteration wherever possible. 6. To ensure that sediment input to streams and lakes is minimized. 7. To ensure that proposed development will not result in increased flooding or erosion. 8. To establish development capacities for inland lakes as information becomes available. 9. To encourage development which incorporates consideration for the protection, preservation, restoration and sustainability of water resources on a watershed basis. 10. To incorporate water quality and water quantity information on recharge areas, head waters, aquifers, as part of the Geographic Information System (GIS) Policies - Water Quality and Quantity 1. It is a policy of the Planning Board to manage water as a resource through decisions intended to conserve or protect the quantity and quality of groundwater and surface water and, to improve and restore degraded water quality wherever possible. 2. It is a policy to manage water quality and water quantity through the stewardship of natural ecosystems the natural heritage system including the protection of lakes, rivers and streams, wildlife corridors and fish and wildlife habitat. 3. It is a policy to maintain and wherever possible restore the water quality of inland lakes at current levels within the Planning Area that support development including: Aweres Township - Trout, Heyden, Lower Island, Upper Island Deroche Township - Northland Shields Township - Weckstrom. Marne Township - Achigan, Ogidaki. P November 2013

12 Where development is permitted on other inland lakes, water quality shall also be maintained at current levels. 4. It is a policy of Planning Board to support sustainable development as it relates to water quality and water quantity. Development may be permitted where conservation practices are exercised and measures are undertaken to minimize sediment input into streams and lakes or which does not result in increased flooding or erosion or the undue alteration of natural drainage systems. Development will be encouraged where it is sustainable and where it complies with the growth and settlement policies of this Plan Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. Information in support of the application with respect to on-site (private) water and sewage systems shall be as set out under Section of this Plan - Planning for Water and Sewage Systems and associated Ontario Regulations. 2. Applications for a subdivision on any of the inland lakes within the Planning Area shall be accompanied by a Development Study (see for details) which assesses the development capacity of the lake. The study shall be carried out using the most contemporary methodology acceptable to the public body having jurisdiction and shall give consideration, but not be limited to the following matters: Existing land use Physical characteristics of lake or waterbody Shoreline evaluation Littoral zone mapping Identification of hazard lands and environmentally sensitive areas Water quality assessment Assessment of impact on fish habitat The study shall suggest guidelines and/or BMPs (a recognized approach of the engineering profession) for the future use of the lake and where and under what circumstances development will be allowed and the means of controlling development. The study will be undertaken under the guidance of the public body having jurisdiction and the results shall be reviewed as part of the consideration of the subdivision application. 3. Applications for new consents or for non-residential development on inland lakes and water bodies shall be accompanied by a site plan to illustrate how the property is proposed to be developed and by a water quality test or tests P November 2013

13 designed to assess water quality in relationship to Ontario's drinking water standards. Where the tests indicate that the water may not be potable, or is close to the limit of potabilitypotable, a Development Study may be required following consultation with the public body having jurisdiction and shall be undertaken in accordance with the criteria set out in Section (2) above. Such a study, where required, shall constitute part of the review of the consent application. Where the source of the domestic water supply is wells, information shall also be provided as set out in Section (1) above. Formatted: Strikethrough 4. Planning Board, in recognizing the need for lake development studies, will proactively work with community organizations and the public body having jurisdiction to have such studies completed as a means to establishing the development capacity of inland lakes within the Planning Area that currently support development. The Ministry of the Environment s shore Capacity Model (shore Capacity Assessment Handbook, May 2012) will be used as the basis for determining lake development capacity. Development will be prohibited on lands adjacent to a water body where the water body is identified as a lake trout lake (see B series of Land Use Plan Schedules and list below); a lake that has reached or may reach its development capacity*; or a lake identified as a blue green algae lake except where one or more of the following conditions exists: The tile fields on each new lot are set back at least 300 m (984 ft.) from the shoreline of the lake or such that the drainage from the tile fields would flow at least 300 m (984 ft.) before reaching the lake; The tile fields on each of the new lots are located such that it would drain into the drainage basin of another water body which is not at capacity; To separate existing, habitable buildings which were included in the original capacity calculation, each having a separate sewage disposal system, provided that the land use would not change, The proposed new use has a scale and density than currently exists on site and shall demonstrate a net reduction of the phosphorus loading on the lake. Prior to and development being approved, an environmental impact assessment shall be completed to the satisfaction of the Planning Board, the Ministry of Natural Resources and the Ministry of the Environment. The study shall, among other matters, provide recommendations on implementation tools related to hydrogeology, soils and vegetation on site, and The proposed new use complies with the relevant policies of the underlying land use designation. * (Capacity Assessment Handbook indicates that a lake trout lake which has been modelled to be at-capacity for phosphorus is one where the phosphorus concentrations exceed background or undeveloped concentrations +50%, or which has a measured dissolved oxygen concentration that is less than the Ministry of Natural Resource s criterion of 7 mg/l dissolved oxygen, measured as the mean volume-weighted hypolimnetic concentration at end-or-summer.) Trout s P November 2013

14 Name of Township Achigan Marne Bone Tupper Brant Palmer Clearwater Jarvis Crooked S Jarvis Crystal Aweres Hawk Archibald Iron Tupper Jarvis Jarvis # 1 Jarvis Macgregor Peever Gimlet # 2 Ryan Mamainse Ryan Northland (Loon) Deroche Pancake Kincaid Prugh (Pine) Marne Robertson (Mud) ankoughnet Trout Aweres Twab Tupper Upper Island (Island) Aweres Upper Pancake Kincaid Upper Sheppard Shields Weashkog Jarvis Weckstrom Shields Wolfe Tupper (Source: Inland Ontario s Designated for Trout Management, MNR, May 2006) 5. With respect to lakes where the surrounding lands of which are privately owned and the water quality standards are more stringent, Planning Board will work with this agency to ensure that the development capacity, where more restrictive, is respected in reviewing applications for remote cottaging sites. Formatted: Line spacing: single Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Bold, Italic Formatted: Font: 11 pt, Font color: Red 6. Planning Board will, over time, and where information is made available from past or future ground and surface water studies, environmental impact studies and lake development studies incorporate such information into the data base for its GIS program. This may include the identification of aquifers, groundwater recharge and discharge areas and monitoring on an ongoing basis to evaluate water quality and quantity conditions. Additions to the Geographic Information Base that will result in changes to the land use characteristics, policies or Land Use Schedules will, however, require an amendment to this Plan. P November 2013

15 7. Planning Board recognizes that the source protection area (see Land Use Plan Schedule D Series) for the City of Sault Ste. Marie municipal water supply extends into Duncan, Aweres and Pennefather townships. Planning Board will consult with the Sault Ste. Marie Region Conservation Authority on applications for land uses and development which may have an impact on the protection of the water supply (e.g. industrial, commercial, agricultural uses). Planning Board may require a hydrogeological report designed to assess the potential impacts of proposed development on the water supply and provide recommendations on protection and mitigation measures. Such a report shall be considered a component of a complete application and will be subject to a peer review. The costs of the report (to be prepared by a qualified professional) and review shall be borne by the applicant. 2.2 NATURAL HERITAGE FEATURES AND AREAS Introduction Natural Heritage Features and areas include the following items: Significant ravine, valley, river and stream corridors Endangered and threatened species Areas of Natural and Scientific Interest (ANSI's) Shorelines of lakes, rivers and streams Wildlife habitat Natural corridors Adjacent areas For the purposes of this Plan, Natural Heritage Features and Areas are those areas which are important for their environmental and social values as a legacy of the natural landscapes of the area. Collectively, the individual Natural Heritage Features and Areas within the Planning Area form a natural heritage system. Planning Board recognizes the importance of the natural heritage system, the natural heritage features and areas which make up the system, their functions and the linkages between them. Natural Heritage Features and Areas include: Provincially Significant coastal wetlands, provincially significant wetlands and unevaluated wetlands or wetlands which have been evaluated and determined not to be significant Significant habitat of endangered and threatened species; Significant wildlife habitat Significant areas of scientific and natural interest (life science and earth science); Fish habitat Natural Heritage Features and Areas, where known, have been identified on Schedules B1 and B2 Land Use Plan and are intended to be conserved for their P November 2013

16 ecological functions. Although occurrences of species at risk and habitat of endangered species are not shown on the Schedules B1 and B2 Land Use Plan, due to data sensitivity, species at risk habitat and the Ministry of Natural Resources endangered species mapping will be considered when screening planning applications prior to application approval. There is potential that suitable/significant habitat persists in the Planning Area and the list is subject to change as new information is gathered. The Planning Board will contact the Ministry of Natural Resources periodically to update known occurrences of species at risk in the Planning Area in order to assist with accurate and effective screening of development applications. For the purposes of this Plan, all water bodies including intermittently and seasonally flooded including wetlands are considered to have potential for fish habitat. Additional natural features or areas will be added where the basis of the information is adequate to determine the nature and importance of the feature (e.g., assessment of the significance of an unclassified wetland greater than 2 ha using the provincial Wetland Evaluation Manual). Such information may be incorporated as part of a regular update of the Plan or by a specific amendment. Where a known natural heritage feature and area is not identified on Schedules B1 and B2 Land Use Plan to this Plan, this shall not preclude the requirement for an Impact Assessment in the review of any planning application. 1. Locally Significant ravine, valley, river and stream corridors No locally significant ravines, valleys, river and stream corridors have been specifically identified within the Planning Area by the Ministry of Natural Resources. The Ministry has however suggested consideration be given to the Goulais River. There are several river corridors which are multi-functional and may be considered important with respect to providing linkages and connections within and beyond a watershed, which contain a diversity of ecological functions and which are important for their hydrological flow. Planning Board considers the following to be significant river corridors within the Planning Area: Goulais River and the associated tributaries of Robertson Creek and Icewagon Creek Chippewa River Batchawana River Montreal River Harmony River Carp Creek Stokely Creek The above list is not intended to be complete. P November 2013

17 2. Endangered and Threatened species Endangered species are any indigenous species of fauna or flora that, on the basis of the best available scientific evidence, are considered to be threatened with immediate extinction throughout or a significant portion of their Ontario range. Endangered species are identified in regulations under the Endangered Species Act. Threatened species mean any indigenous species or fauna or flora that are likely to become an endangered species if the factors responsible for the decline continue unabated. Within the Planning Area, the Ministry of Natural Resources has identified a number of values which include the habitats of certain species which warrant consideration in evaluating resource related or other land uses within the Planning Area. This information now forms part of the GIS data base. 3. Areas of Natural and Scientific Interest (ANSI) Several candidate areas have been identified as follows: Mamainse Point including a composite of 8 sites on Crown and private land which have significant earth science features Batchawana Provincial Park Area - Carp Creek including several life science units Batchawana Island - including 800 ha of shoreline marshes Goulais River Delta Complex comprising 225 ha of sensitive vegetative communities Goulais River Beach Ridge Wetland Complex comprising 1,205 ha; 2 sites of geomorphological and biological significance Pancake Bay ha comprising several significant features Sandy Islands comprising significant geological features Raised beach locations found throughout the Superior shoreline within the Planning Area 4. Shorelines of s, Rivers and Streams The shoreline ecosystem is variable and sensitive and is characterised by a wide range of biological and physical processes that affect terrestrial and aquatic flora and fauna. Particularly important features have been identified as part of a "Shoreline Management Plan for the P November 2013

18 2.2.2 Goal Sault Ste. Marie District, ". Shore Environmental Protection Areas have been identified and incorporated into the GIS data base. 5. Wildlife Habitat Wildlife habitat means areas of the natural environment where plants, animals and other organisms, excluding fish, survive in self-sustaining populations, and from which they derive services such as cover, protection, or food. No significant wildlife habitats have been identified by the Ministry of Natural Resources on private lands. However, With respect to Crown land, values mapping has been incorporated into the data base and should assist in land use decisions. 6. Natural Corridors These are corridors that link or border natural areas and provide ecological functions such as habitat, passage, hydrological flow, connection or buffering from adjacent impacts. No significant natural corridors have as yet been identified on private lands but certain corridors have been identified with respect to Forest Management Plans. Protecting the area's Natural Heritage Features is dependent on the long term development of a data base. Aside from those features which have been identified and will be protected or conserved for their value, the framework of the Official Plan recognizes the importance of Natural Heritage Features and makes provision for their appropriate protection as information becomes available. To protect Natural Heritage Features and areas from development that would have an adverse or negative impact on these features and encourage restoration and remediation to healthy conditions where they have been diminished Objectives 1. To further develop and maintain a data base that identifies the location and characteristics of the area's Natural Heritage Features. 2. Through the development process, to improve and enhance Natural Heritage Features and systems. 3. To encourage the restoration and remediation of natural ecosystems. P November 2013

19 2.2.4 Policies - Natural Heritage Features and Areas It is a policy to protect and enhance Natural Heritage Features identified on the Land Use Schedule and areas as part of the land use decision making process. Natural Heritage Features and areas are considered to include: Significant ravine, valley, river and stream corridors Significant portions of endangered and threatened species Areas of Natural and Scientific Interest (ANSI's) Shorelines of lakes, rivers and streams Significant wildlife habitat Significant Natural corridors, and Adjacent lands where potential negative impacts are identified For the purposes of this Plan, Natural Heritage Features and Areas are identified on both an integrated and individual basis. Shore Environmental Protection Areas, in particular, reflect a composite of natural features which are interrelated. Natural Heritage Features and Areas have been identified on the Land Use Schedules for Natural Heritage Features and Shoreline Features respectively, and as part of the Geographic Information System data base. Additions to the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will, however, require an amendment to this Plan; 2. It is a policy to require an Environmental Impact Study (EIS) or comparable evaluation in determining the characteristics of the natural environment, the environmental effects of development, methods for mitigation and monitoring of development on or near identified Natural Heritage Features. 1. Development and site alteration shall not be permitted in the significant habitat of endangered and threatened species, provincially significant coastal wetlands, and provincially significant wetlands. 2. Development and site alteration shall not be permitted in significant wildlife habitat and in significant areas of natural or scientific interest unless it has been demonstrated through an Impact Assessment (IA) that there will be no negative impacts on these natural features or on their ecological functions (see Section for requirements for an Impact Assessment). Planning Board may require an impact assessment for development and site alteration in unevaluated wetlands greater than 2 hectares or those not determined to be provincially significant including their adjacent lands shown on Schedules B1 and B2 Land Use Plan including an evaluation of the wetland per provincial evaluation protocols (i.e. Ontario Wetland Evaluation P November 2013

20 System) by a certified wetland evaluator. This may include areas identified as a Light Aquatic SEPA (Shoreline Environmental Protection Area), a Heavy Aquatic SEPA or a Wetland SEPA (See Schedules B1 and B2). The completed wetland evaluation shall be submitted to the Ministry of Natural Resources for approval. If the wetland or part thereof is classified as provincially significant or as provincially significant coastal wetlands, Section and shall apply. 3. Development and site alteration shall not be permitted in fish habitat, except in accordance with provincial and federal requirements. 4. Development and site alteration shall not be permitted on lands adjacent to the significant habitat of endangered and threatened species, significant wetlands, significant coastal wetlands, significant wildlife habitat, significant areas of natural or scientific interest and fish habitat unless the ecological function of the adjacent lands have been evaluated through an Impact Assessment (see Section 2.2.5) and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 5. Development proponents should exercise due diligence to ensure that any land use activities being contemplated would not contravene the Endangered Species Act, Adjacent lands are those lands within: 120 m ft.] of the significant habitat of endangered and threatened species, 120 m ft.] of provincially significant wetlands, coastal wetlands and unevaluated wetlands, 120 m ft.] of significant wildlife habitat 120 m ft.] of fish habitat, 120 m 164 ft.] from significant areas of natural or scientific interest life science and 50 m for an ANSI earth science. These distances are considered to be adjacent lands for the purposes of this Plan. The extent of adjacent lands may vary depending on site-specific conditions. Site specific evaluations may be undertaken by a qualified professional to confirm or determine an alternative adjacent land distance (see the Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2010, Second Edition, Ministry of Natural Resources). P November 2013

21 7. Conservation Reserves and Enhanced Management Areas Over the last decade the Province has set aside lands for their resource significance and for the opportunities they provide for outdoor recreation. Such areas are managed directly by the province. Although not classified as natural heritage features or areas, Planning Board recognizes these areas as important for their conservation values and as an integral component to the natural environment and ecosystems in the Planning Area within Sault Ste. Marie North and include for example: Goulais River Beach Ridges Conservation Reserve Searchmont South Forest Conservation Reserve Wabos North Conservation Reserve Wabos South Conservation Reserve Goulais River Beach Ridges Conservation Reserve Batchawana Bay-Carp Raised Delta Enhancement Area Great lakes Coast Enhanced Management Area Achigan Enhanced Management Area Implementation Impact Assessment Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. Supporting information will also include the completion of an Environmental Impact Study or comparable evaluation for any proposed development within approximately 30 m of a shoreline of a waterbody as set out under Section (3) of this Plan. 2. In reviewing applications for development, the following criteria shall apply with respect to specific Natural Heritage Features and Areas: a) Significant ravine, valley, river and stream corridors: development may be permitted within the river corridors of the Goulais River and the associated tributaries of Robertson Creek and Icewagon Creek, the Chippewa River, the Batchawana River, the Montreal River, the Harmony River and the Carp River; within other significant ravine, valley, river and stream corridors which may from time-to-time be identified and on lands adjacent to significant ravine, valley, river and stream corridors e.g. within approximately 50 m if it does not negatively impact on the natural features or ecological functions of these Natural Heritage Features as a result of the completion of an Environmental Impact Study or comparable evaluation. A corridor means a landform depression, usually with water flowing through or standing in them for some period of the year and which link or border natural areas and provide important ecological P November 2013

22 functions such as habitat, passage, hydrological flow, connection or buffering from adjacent impacts. b) Where an endangered or threatened species has been identified, no development shall be permitted on significant portions of the habitat of such threatened or endangered species. Development may be permitted on lands adjacent to the significant portions of the habitat of endangered or threatened species where such development is determined not to have a negative impact on the natural feature or ecological functions by virtue of an Environmental Impact Study or comparable evaluation. Adjacent lands are considered to be those within approximately 100 m (328 ft.) of the locations of endangered or threatened species as identified on the Land Use Schedule for Natural Heritage Features. Endangered species means any indigenous species of fauna or flora that, on the basis of the best scientific evidence, is indicated to be threatened with immediate extinction throughout all or a significant portion of its Ontario range. Endangered species are identified in Regulations under the Endangered Species Act. Threatened species means an indigenous species of fauna or flora that, on the basis of the best scientific evidence, is indicated to be experiencing a definite non-cyclical decline throughout all or a major portion of its Ontario range, and that is likely to become an endangered species if the factors responsible for the decline continue unabated. c) Areas of Natural and Scientific Interest Development may be permitted on lands adjacent e.g. approximately 50 m (164 ft.) of the following ANSIs: Mamainse Point Batchawana Provincial Park Area Batchawana Island Goulais River Delta Complex Goulais River Beach Ridge Wetland Complex Pancake Bay Sandy Islands An Environmental Impact Study or comparable evaluation will be required with respect to lands adjacent to a life science or earth science ANSI. ANSI means areas of land and water containing natural landscapes or features which have been identified as having values related to natural heritage protection, scientific study, or education. Depending on the features of particular areas, they may be referred to as life science or earth science sites. These areas vary in their level of significance and their vulnerability to environmental impacts. d) Shoreline of s, Rivers and Streams P November 2013

23 Development may be permitted on lands adjacent to and shorelines (e.g. approximately 30 m (98 ft.) where such development will not negatively impact on the natural features or ecological functions as demonstrated through an Environmental Impact Study or comparable evaluation. No development shall be permitted within areas shown as Shore Environmental Protection Areas in the Geographic Information System data base. Development may however be permitted on adjacent lands (e.g. 30 m 98 ft.]) where the proposed development will not have a negative impact on the natural features or ecological functions as demonstrated through an Environmental Impact Study (EIS) or comparable evaluation. Where a study indicates a potential negative impact on fish habitat, compliance with the Fisheries Act will be required (see Land Use Schedule for Shoreline Features). Shorelines of lakes, rivers and streams means, in relation to natural features and functions, the lands in immediate contact with, or in seasonally inundated areas adjacent to waterbodies such as lakes, rivers or streams. These may be natural, vegetated or potentially revegetated. e) Significant Wildlife Habitat Development may be permitted on areas illustrated as significant wildlife habitats within the GIS data base or permitted on lands adjacent to significant wildlife habitat e.g. approximately 50 m (164 ft.) only if such development does not negatively impact on the natural features or ecological functions as demonstrated through an EIS or comparable study (see Land Use Schedule for Natural Heritage Features). Wildlife habitat means areas of the natural environment where plants, animals, and other organisms, excluding fish, survive in self-sustaining populations, and from which they derive services such as cover, protection or food. f) Significant Natural Corridors Development and site alteration may be permitted within a significant naturally vegetated corridor, (where such corridor is shown as part of the GIS data base) or on lands adjacent to a significant natural corridor (e.g. within approximately 50 m 164 ft.]) if such development does not negatively impact on the natural features or ecological functions of the corridor as demonstrated through an EIS or comparable evaluation. 3. Environmental Impact Study or Comparable Evaluation P November 2013

24 Environmental Impact Studies or other similar or comparable evaluations as determined by the Planning board, where required before the approval of development shall contain the following information: a) Existing Natural Environment I) Site Description and Landscape Context A general description of the existing natural environment of the specific development proposal, natural area or planning area shall be provided including the specific biological and terrain characteristics and ecological and physical functions and processes occurring on and through the site. Environmental impacts must also consider off-site effects. ii) Summary of Development Proposal The study or evaluation shall contain a concise summary of the proposal or refer to the detail provided in the Development Application. b) Environmental Effects i) Characterization of the Features and Functions Affected by the Proposal The study or evaluation shall provide an assessment of whether a development proposal will negatively impact on the features or the ecological functions of the area and what impacts might reasonably be expected to occur. ii) Sensitivity Assessment (Degree and Extent of Impacts on Features or Function) The assessment shall include an evaluation of the sensitivity of the features and functions to the development proposal focussing on the extent and degree of environmental effects that might reasonably be expected to occur. A sensitivity ranking may be appropriate in carrying out this assessment with a clear indication of the basis of such rankings provided. iii) Predicted Effects (Direct and Indirect) The specific environmental effects that are expected to occur on the key features and functions of areas are to be documented in the study P November 2013

25 or evaluation. This shall include both direct impacts and indirect impacts. Impacts should be characterised as: c) Mitigation - restricted to the area for which the study or evaluation is being undertaken, or and; - extending beyond the area in question. Predicted effects on linkages between natural heritage features and areas should also be identified. i) Mitigation Methods Proposed The identification of mitigation measures and alternative methods to mitigate predicted environmental impacts shall be provided where applicable. Alternative methods shall include modifications to development proposals intended to avoid or maintain key features or functions, or methods to restore or remediate the features or ecological functions. Where mitigation through avoidance is not possible, alternative methods must include measures to minimize impacts, conditional on subsequent monitoring of effects to ensure successful implementation. If mitigation measures are not considered to be able to avoid an undue negative impact, a "no development option" should be considered. ii) Mitigation Methods Selected The development alternative that is selected must be the alternative that does not negatively impact on the features or the functions of the particular area, or which appropriately mitigates the potential environmental effects. d) Monitoring The study or evaluation shall contain a monitoring plan designed to measure effects over time. This may require subsequent changes to site conditions if the environmental effects found as a result of monitoring exceed predicted effects or targets, or if there are identifiable negative effects. e) Procedures for Review of an EIS or Comparable Evaluation Planning Board intends to use the GIS data base to determine the location and type of natural heritage feature relative to a development application and will advise the applicant of the requirements of an EIS or evaluation where so required. Applicants will be advised that applications may be P November 2013

26 refused if the proposal falls within lands for which "no development" is permitted. Planning Board may consult with Provincial Ministries or other professionals for advice on the scope of an EIS (e.g. scoped, full site or comprehensive) or the scope and techniques of proposed in a comparable evaluation. Planning Board may adopt a checklist format for a scoped EIS or comparable measures or criteria to facilitate review for applications where the impacts may be considered to be relatively minimal. The applicant will be responsible for conducting an EIS or comparable evaluation and should consult with Planning Board in determining whether professional assistance is required to complete the study. Planning Board, upon submission of a study or evaluation, may consult and seek the advice of Provincial agencies or other professionals in conducting the review. No approval shall be given to a development application until the study or evaluation is satisfactorily completed and reviewed and it is determined that the impacts of development can be mitigated in an appropriate manner. Planning Board may in its review and/or sign-off, seek the assistance of a professional. Where required in this Plan, an Impact Assessment (IA) will be prepared to support planning applications such as Official Plan amendments, zoning by-law amendments, plans of subdivision, consent etc., and prior to the approval of the proposed development or site alteration. Where the impact of the development and/or site alteration cannot be mitigated, it will not be permitted. An Impact Assessment (IA) is intended to provide for an assessment of the potential impact of a proposed development or site alteration on a particular natural heritage feature and shall be used to determine whether the proposed development, redevelopment or site alteration should or should not be permitted. The components of the IA shall be tailored to the scale of development and may range from a simplified assessment (scoped assessment) to a full site assessment. An IA shall be undertaken using the protocols outlined in the Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2010, Second Edition, Ministry of Natural Resources. An Impact Assessment will be required when a planning application is made for a large scale recreational use (e.g. a golf course, serviced campground, tourist lodge, motor sport track) that will require large scale site alteration, or the large scale removal of the natural vegetation coverage. The Planning Board may consult with the Ministry of Natural P November 2013

27 Resources in determining the need for a pre-development assessment to identify any unknown/candidate significant wildlife habitat. The IA will be undertaken by a qualified professional at the expense of the proponent of development and/or site alteration. Planning Board may undertake a peer review or may consult with a public authority to assist with the technical review and findings of an IA. The cost of an IA or peer review will be borne by the applicant. No approval shall be given until the study is satisfactorily completed and reviewed. Planning Board in reviewing the study may seek the assistance of a qualified person. 2.3 Fish Habitat Introduction Fish habitat is defined as meaning the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes. The fisheries resource in the Planning Area is important to tourism and to leisure activities. Land use activities can be damaging to fish habitat such as: Dredging or filling of near shore spawning and nursery habitat. Loss of riparian or lakeshore vegetation. Removal of stumps, logs or aquatic plants along the shoreline. Stream alterations. Poorly managed stormwater runoff. Impaired water quality through an increase in temperature or increased loadings of sediment, nutrients or pesticides. Loss of groundwater recharge capability. The intent of the policy is not only to protect existing fish habitat from the alteration, disruption or destruction of the habitat but also wherever possible to provide for a net gain of the productive capacity through the creation of new fish habitat areas or the expansion and/or rehabilitation of existing habitat areas. Planning activities should not permit any "net loss" of fish habitat. The Ministry of Natural Resources, Sault Ste. Marie District prepared a "Fisheries Management Plan: " as part of the planning process. In the preparation of the plan, the district fisheries resource, as of 1998, were P November 2013

28 described and targets established to the year 2000 to address problems and issues of the day. Fish use included sport fishing, commercial food fishing, notably commercial harvesting of lake trout, whitefish, yellow perch, lake herring and chub in Superior, commercial bait fish and native subsistence fishing inland. Superior and inland lakes and rivers shared some common resource and others that were unique to a Great or inland waterbody. The plan identified common problems as over exploitation of accessible cold water lakes and Batchawana Bay on Superior, lack of public awareness, unrealistic resource demands and user conflicts between sport and licensed and native commercial food fishermen on Superior. These conflicts still exist today, however, progress has been made towards finding resolutions for some. Habitat loss and/or degradation have ranged from background mercury and heavy metals released through chemical reactions with air borne pollutants, (acid rain) to more local pollution sources and physical destruction or alteration of fish habitat. Inadequate fisheries information then and now makes it difficult to address some fisheries concerns such as lake trout and coaster brook trout rehabilitation in the near shore areas of Superior, walleye restoration in Goulais Bay and population status and habitat condition of inland trout lakes and bait fish waters. The introduction of undesirable species is becoming a major concern. Superior which has been home to sea lamprey for decades has four known new aquatic invaders: spiny water flea, ruffe, round gobie and zebra mussel since the completion of the Fisheries Management Plan. Fish communities will be adjusting to the new stresses these organisms will place on them for many years to come. Inland fish communities are equally vulnerable to the spread of these species as well as the rusty crayfish which is rapidly populating inland lakes east of Thunder Bay. The plan identifies a number of strategies and tactics to address the above problems and issues. Some of these have been implemented, however, changing environmental, political and economic conditions has restricted full implementation and required the development of new or alternate ones. Consultation with the Ministry has indicated that they have concerns with degraded fish habitat in the Stokely Creek from Pickard Road to the mouth (Havilland and Fenwick Townships) and Boston Creek (Fenwick Township). Loss of near shore aquatic vegetation is a particular concern in Goulais and Batchawana Bays Goal To provide for the long term management of the fishery within the Planning Area by permitting development that would not harmfully alter, disrupt or destroy fish habitat such that there will be no net loss of productive capacity of fish habitat, and a net gain of productive capacity will be realized wherever possible. P November 2013

29 2.3.3 Objectives 1. To cooperate with the Ministry of Natural Resources in achieving the objectives of the Fisheries Management Plan ( ). 2. To encompass fisheries management as part of an integrated management approach to Natural Heritage Features in the Planning Area Policies - Fish Habitat 1. It is a policy to protect fish habitat areas and to permit development adjacent to fisheries habitat including spawning areas, nursery and feeding areas provided it does not result in any of the following: a) Net loss of fish habitat b) Harmful alteration, disruption, degradation or destruction of fish habitat c) Restriction of fish passage (Note: Harmful alteration, disruption and destruction of fish habitat is contrary to the Fisheries Act.) 2. Further, it is a policy to provide for a net gain of productive capacity wherever possible. This policy has particular application to improving fish habitat in the Stokely Creek from Pickard Road to the mouth (Havilland and Fenwick Townships) and Boston Creek (Fenwick Township). 3. It is a policy to protect fish habitat areas through designating fish spawning areas on the Land Use Schedule for Natural Heritage Areas (see Land Use Schedules for Natural Heritage and Shoreline Features). New areas of fish habitat which warrant protection as determined by the Planning Board may be added to the data base without amendment to this Plan Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. Supporting information will also include the completion of an EIS or comparable evaluation for any proposed development within 30 m of a shoreline of a waterbody as set out under Section (3) of this Plan. P November 2013

30 2. Planning Board shall require the preparation of an EIS or comparable evaluation for a proposed development adjacent to fish habitat. The scope of the study or evaluation shall be as laid out in Section (3) of this Plan and in particular address the following matters: a) The impacts, either individual or cumulative of the proposed development adjacent to fish habitat. b) Measures required to maintain the natural condition of aquatic ecosystems and associated riparian and lakeshore lands (e.g. conserving or restoring the first 30 m of the shoreline (perpendicular to the high water mark) in a natural state) c) Providing alternative implementation mechanisms to address fish habitat if necessary or through relocating and redesigning the development. Consideration shall be given to the preferred options for achieving no net loss of fish habitat as early as possible in the development process. d) Indicate wherever possible how a net gain in productive capacity of fish habitat will be achieved such as through the restoration of degraded habitat, the enhancement of existing habitat and/or the creation of new habitat. An EIS or comparable evaluation related to fish habitat shall be prepared by a professional competent in this field. 4. Planning Board shall review a fish habitat related EIS as part of its consideration of a development proposal and may seek the technical advice from the public body having jurisdiction or other professional. The provisions for protecting fish habitat or mitigation or compensation measures may be incorporated as a condition of development e.g. consent or subdivision agreement, zoning standard or other means under the Planning Act. 5. Information derived from a fish habitat related EIS or evaluation or a lake development study or provincial fisheries management initiatives may be incorporated into the GIS data base. Additions to the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will, however, require an amendment to this Plan. 2.4 Wetlands Introduction Wetlands means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In P November 2013

31 either case, the presence of abundant water has caused the formation of hydric soils and favoured the dominance of either hydrophytic or water-tolerant plants. The four major types of wetlands and swamps, marshes, bogs and fens. Wetlands are essential ecosystems and parts of ecosystems. They provide continuous, sustainable environmental, economic and social benefits that contribute to the quality of life in Ontario. Particular benefits of wetlands include: The control and storage of surface water and the recharge and discharge of ground water. Maintaining and improving water quality, aid in flood control and the protection of shorelines from erosion. Providing important habitat for a wide variety of plant and animal species. Immobilize some contaminants and nutrients. Assist in maintaining water quality in adjacent lakes and streams that support fish populations. Provide active and passive recreational opportunities. The Ministry of Natural Resources has identified wetlands within the Planning Area but these wetlands have not been evaluated in accordance with the Provincial Evaluation Manual. Although they have not been classified as being significant, in the interest of protecting wetlands for their ecological function, the Official Plan identifies and provides measures for reviewing the impacts of development on or adjacent to wetlands Goal To protect wetland areas and adjacent lands from development that might otherwise lead to a loss of wetland function, cause a negative impact on wetlands, cause the loss of contiguous wetland areas or conflict with existing site specific wetland management practices Objectives 1. To properly identify wetland types according to a provincially recognized evaluation system. 2. To prohibit development which would have a negative environmental impact on any wetland area. P November 2013

32 2.4.4 Policies - Wetlands 1. It is a policy to protect and manage wetlands as ecosystems which are important as habitats for a variety of plant and animal species, for water quality, flood control and water storage and recharge areas, as areas having a cash resource production value and as areas for passive recreation Permitted Uses It is a policy to permit the following uses: 1. For wetlands which may be classified as significant, only passive recreational uses shall be permitted. Examples include conservation and educational activities such as an interpretation kiosk, boardwalk, viewing structure or passive walking or ski trails. 2. Wetlands which are not classified as significant may be utilized for resource based uses such as forestry, mining, other resource uses or for development in accordance with the policies of this Plan. 3. Development for the permitted uses set out above or site alteration of wetlands may be permitted where it has been first demonstrated through an EIS or comparable evaluation, that such development or site alteration will not negatively impact upon the wetlands or their ecological function. Such a study or evaluation shall determine if the wetland is significant. 4. It is a policy that wetlands shown on the Land Use Schedule may be evaluated as significant without amendment to this Plan. Other wetland areas may be designated from time-to-time and may be added to the data base by amendment to this Plan and Land Use Schedule for Natural Heritage Features Adjacent Lands It is a policy that development and site alteration may be permitted on adjacent lands (120 m or ft.) if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. Adjacent lands are those lands contiguous to the wetland where development or site alteration may be considered to have a negative impact on the wetland Implementation Measures to achieve policies of the Planning Board are as follows: P November 2013

33 1. Applicants for development shall submit a complete application as required under the Planning Act. Supporting information will also include the completion of an EIS or comparable evaluation for any proposed development of a designated wetland or on adjacent lands. 2. As part of the development review process, applicants shall submit an EIS which shall contain the elements as set out in Policy (3) of this Plan and shall in particular give consideration for sediment control and stormwater management. 3. Such studies shall be carried out by a competent professional knowledgeable in wetland management. 4. To make a decision on development, Planning Board shall review the study and may seek the technical advice of the public body having jurisdiction or a professional competent in the field of wetland management as a prerequisite to establishing a principle of development. 5. Mitigation or other measures recommended as part of the EIS or comparable evaluation may be implemented through a consent or subdivision agreement or zoning standard or other means available under the Planning Act. 6. Incorporating into the Zoning By-law, a specific zone for wetlands. 2.3 ENIRONMENTAL MANAGEMENT POLICY AREA Introduction Areas of natural hazards include flooding, erosion, dynamic beaches, unstable soils and unstable bedrock. Within the Planning Area, work has been done with respect to flood plains and erosion controls. Engineered flood plain mapping was prepared for the Goulais River alley under the Federal Damage Reduction Program. The flood plain mapping has a two-fold function: Identification of the regulatory flood e.g. mapping done for the regional storm and the 1:100 year. Identification of a fill line for some areas. The regulatory flood line flooding hazard defines lands that are subject to flooding and consequently where development should not be permitted because of the risk to property damage and to the health and safety of people. Secondly, because of the susceptibility to slope failure or slumping, the fill line serves to define where development should not be permitted without a geotechnical P November 2013

34 investigation and the implementation of recommendations from such an investigation. The engineered flood plain mapping for the Goulais River incorporates a one-zone concept. In general, new development is not permitted in the Flood plain. As a protection measure, a 23 m (75.4 ft.) setback has been incorporated into the Zoning By-law to ensure that development is set back from areas that are subject to flooding or slope instability. A regulatory dynamic beach has been identified for the Superior shoreline within the Planning Area and is incorporated into the GIS data base. Identification of the Regulatory Erosion Hazard Standard and Regulatory Flood Standard will occur on a site-by-site basis with consultation with the appropriate provincial ministry. On lands adjacent to the Superior shoreline, development will generally be directed to areas outside of the regulatory shoreline.floooding hazard and shall not be permitted within dynamic beach hazards. Formatted: Strikethrough By definition, the regulatory shoreline (see diagrams) is defined as the furthest landward limit of the three shoreline natural hazards standards: 1. Regulatory Flood Standard which by definition is based on the combined influence of: lake levels: combination of still water (naturally occurring lake levels) and wind setups (influence of storm surge and seiche); wave uprush: the landward extent that water and wave action extends or rushes up onto a shoreline including wave run-up and wave setup; and other water related hazards: based on, but not limited to, the combined influence of ice, ice piling, ice forces, wave spray, waver overtopping, and ship generated waves. 2. Regulatory Dynamic Beach Standard which by definition is based on the combined influence of: flooding: landward extent of lake levels and wave action extends or rushes up onto the shoreline; and dynamic beach allowance: that portion of the shoreline that is unstable and/or dynamic and may contain naturally protective dune features. P November2013

35 3. Regulatory Erosion Standard which by definition is based on the combined influence of: Goal stable slope: natural angle a slope would achieve in the absence of toe erosion and/or human activities (including landside/lakeside influences); and recession: rate of landward retreat or movement of a shore slope resulting from toe erosion and/or human activities (including landside/lakeside influences); or erosion allowance: distance measured landward from the first lakeward break in slope to accommodate long term erosion forces and processes. To manage Environmental Management Policy Areas to avoid negative impacts to life or property arising from flooding, erosion or unstable soils Objectives 1. To develop a data base suitable for the review of applications that might be affected by natural hazards. 2. To maintain and where possible enhance the productive capacity of the shoreline and/or watershed ecosystem Policies - Environmental Management Policy Area It is a policy to establish an Environmental Management Policy Area comprising Flood Plains, Dynamic Beaches and Areas of Erosion and Unstable Slopes hazardous lands as shown on the Land Use Schedule ( D Series) for Flood Plains and Shoreline Features respectively. 1. Flood Plain It is a policy to prohibit development within: the Regulatory Shoreline flooding hazard of Superior the flood plain as defined by the 1:100 regulatory flood. More specifically this includes the floodway along the Goulais River where the one-zone concept applies; all lands below the metre C.G.D 1 elevation 1 The m elevation includes a 0.5 vertical allowance for wave uprush and only applies to the Superior Shoreline. P November2013

36 along the Superior shoreline; and for all other lands adjacent to water bodies, a prescribed setback shall apply as set out in the Zoning Bylaw (see Land Use Schedule for Flood Plains). lands designated as Environmental Management Policy Area along the Goulais River are lands that have been identified as subject to flooding based on the results of the Flood Damage Reduction Program mapping completed in Dynamic Beaches It is a policy to prohibit development and site alteration within the regulatory dynamic beach hazard standard as identified on the Land Use Schedule ( D Series) for Shoreline Features. The dynamic beach hazard means areas of inherently unstable accumulations of shoreline sediments along the Great s - St. Lawrence River System and large inland lakes, as identified by provincial standards, as amended from time to time. The dynamic beach hazard limit consists of the flooding hazard limit plus a dynamic beach allowance. 3. Erosion and Unstable Slopes Hazardous Lands It is a policy to protect direct development away from hazardous lands which may otherwise be subject to slumping or instability such as in the Goulais River Basin and to provide an allowance for erosion protection within ravines, river valleys and streams identified within the Environmental Management Policy Area. Development applications in the vicinity of areas of know soil instability in the Goulais River Basin may be required to be accompanied by a geotechnical report which addresses soil conditions, slope stability factors, setbacks where required and safety or mitigation measures to ensure safe development. 4. Permitted Uses It is a policy to permit in In the Environmental Management Policy Area, the following uses may be permitted where the effects and risk to public safety are minor so as to be managed or mitigated in accordance with provincial standards and any such development shall exclude excluding any buildings or structures related thereto: Formatted: Strikethrough Formatted: Strikethrough agriculture and related uses forestry open space recreation uses resource extraction uses which assist in conserving or managing water wildlife or natural heritage features P November2013

37 marinas may be permitted subject to a rezoning existing uses In addition, no new development or redevelopment will be permitted for any use such as the storage, disposal, manufacture, treatment of hazardous substances including the collection and disposal of sewage; institutional uses or any other use which would otherwise pose an unacceptable threat to public safety as a result of flooding, failure of flood proofing measures or erosion. Further, no consents or plans of subdivision will be permitted except to allow the division of an existing lot containing two dwelling units legally in use on the date of the approval of this plan. 5. New Construction, Alterations and Reconstruction It is a policy that no new buildings, structures or placement or removal of fill or alteration of waterways shall be permitted in areas designated Environmental Management Policy Area except where such are intended for flood or erosion control or are normally associated with watercourse protection works or bank stabilization projects and are approved by the Ministry of Natural Resources. The Planning Board will not provide development authorization or permit construction without the concurrence of the Ministry of Natural Resources that such development is in conformity with required permits or authorization. Recognition will be given to existing buildings within the flood plain. Minor extensions (i.e. less than 50% of the original floor area) may be permitted by amendment to the Zoning By-law subject to the submission of a survey and Building Elevation Plan which clearly demonstrates that any openings in the building will be above the flood elevation and also demonstrates that the addition will not raise the flood level. Such additions will be flood proofed to the regulatory flood level and are subject to review by the public body having jurisdiction that sewage disposal systems are adequate for the proposed expansion. Where any flood control or other works are undertaken which result in changes to an area designated Environmental Management Policy Area, such changes may be incorporated into the Official Plan by amendment. Renovations to existing buildings which do not add additional floor space will be permitted without a zoning amendment. Reconstruction and the addition of new accessory buildings or structures may be permitted on existing lots of record where a habitable building was in use on such a lot as of the date of approval of this Plan. P November2013

38 2.3.5 Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. 2. Information required in support of an application for permitted uses or development within the Environmental Management Policy Area shall address the following requirements: Demonstrate how the erosion, flooding and/or instability hazards can safely be addressed. Demonstrate that new or existing hazards are not created or aggravated. Demonstrate that no adverse environmental impacts would result. Demonstrate that vehicles and people have a way of safely entering and exiting the area during times of emergencies. Demonstrate that the development is carried out in accordance with established standards and procedures (e.g. Protection Works, etc. where appropriate). Submit a survey and building elevation plan for extensions to existing buildings and the location of the sewage disposal system which plan clearly demonstrates that any openings in the building will be above the flood elevation and that the sewage system is located outside of the flood plain. Information, where applicable, shall be to acceptable engineering techniques and/or resource management practices. Any lot owner within the Environmental Management Policy Area may undertake a survey to determine if the property is all, or partially above the Regulatory Flood Line as shown on the Land Use Plan Schedules for Flood Plains to this Plan. If such lands are above the flood line, land may be rezoned to permit development without flood proofing. Such rezoning shall comply with the underlying or closest land use designation or land use policies applying to such lands and may occur without amendment to this Plan. All vacant lots of record within or below the Regulatory Flood Line will be zoned to prohibit development. 3. As part of the development review process, applications may be circulated by the Planning Board to the public body having jurisdiction and to other affected agencies for comment prior to approval. P November2013

39 5. Planning Board will establish setback standards for development adjacent to lands subject to flooding, erosion or instability. 6. Implementation mechanisms may include a rezoning, a minor variance, a subdivision or consent agreement or other means as provided under the Planning Act. 2.4 MINING AND OTHER HAZARDS Introduction Parts of the Planning Area were subject to mining activity in past years and as a result, a number of potential mine hazards exist that are associated with past mining operations. The generalized location of these sites has been identified and is shown on the Land Use Schedule ( C Series) for Mineral Potential. This information however, should be considered as generalized since the specific UTM coordinates have not been determined. In providing assurance for public safety, development proposed within 1 km (.62 miles) distance of those sites identified in the data base should not be permitted without prior consultation with the Ministry of Northern Development and Mines in identifying the specific location of the mine workings. Aside from mine hazards, other physical constraints are prevalent in the area and may have an impact on development. Some of these constraints are generalized and may be common throughout the Planning Area such as areas of shallow soil over bedrock. Others such as steep slopes, e.g. greater than 20% and organic soils are identifiable from available mapping. In considering applications for new development, mining and other hazards should be taken into consideration Goal To protect development from potential negative impacts of mining or other hazards Objectives To provide for safe development practices for development located on or adjacent to hazards or physical constraints Policies - Mining and Other Hazards P November2013

40 1. Mine Hazards It is a policy to provide for safe development on or adjacent to lands which have been utilized for mining activities in the past and where a mine hazard is known or suspected. It is a policy to permit development only if appropriate remediation or rehabilitation measures are undertaken to address and mitigate known or suspected mine hazards and if no danger to public health or public safety or property damage would result. 2. Other Hazards Hazardous Sites Formatted: Strikethrough Where other physical constraints have been identified such as steep slopes exceeding 20%, organic soils areas of shallow soil over bedrock, poor soils for building foundations and high water tables, it a policy to only permit development or site alteration where the physical constraints can be appropriately overcome by accepted engineering techniques and/or resource management practices Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. 2. With respect to mine hazards, such as open pits, underground workings, mine openings to surface or structures, equipment and facilities, reference shall be made to the Land Use Schedules for Mineral Potential and to records available through the Ministry of Northern Development and Mines with respect to the precise location of such workings mine hazards. This shall apply to all proposed development on or within 1 km (.62 miles) of sites identified as mine hazards on the Land Use Schedules for Mineral Potential. An acceptable engineering report that provides for rehabilitation and stabilization of the mine workings to permit the proposed development to be constructed safely or verification that the proposed development is unaffected by such workings shall be submitted as part of the application for development. The Ministry of Northern Development and Mines will work with proponents to refine development setbacks and to assess the need for additional geotechnical studies. 3. With respect to other physical constraints as identified on the Land Use Schedules, constraints which may be anticipated or identifiable prior to development or construction, proponents of development shall submit appropriate information to indicate the proposed method of overcoming the P November2013

41 constraint and where Planning Board deems necessary, provide an acceptable engineering report. 4. Planning Board shall review submissions as part of the development review process and may consult with affected provincial ministries or other professionals prior to the approval of the proposed development. P November2013

42 3.0 Economic, Community Development and Infrastructure The Sault Ste. Marie North Planning Area has been characteristically an area where there has been a high degree of self-reliance in the provision of infrastructure and other social and human services. There are however, strong linkages particularly in the southern sector of the Planning Area with community services and facilities provided for by government agencies and other organizations within the City of Sault Ste. Marie. Consequently, the policy framework for the Official Plan provides for a level of public services and facilities and infrastructure in keeping with the scale of development in the Planning Area, while at the same time recognizes the role that a large urban centre (Sault Ste. Marie) plays in providing services, facilities and infrastructure to communities within its sphere of influence. 3.1 SOCIAL AND HUMAN SERICES Introduction Within the Planning Area, a variety of social and human services are provided including schools, protection services (police, fire and emergency response 911]), recreation services, library services and cemeteries. Schools include four two public elementary (Aweres, C.O. Somes, Mountainview and Searchmont), the enrolment of which is significantly less than the Ministry designated capacity. Elementary Separate School Board students are bussed to schools in Sault Ste. Marie as well as secondary school students from both boards. Without an impetus for growth, and with the aging of the population, school enrolments are expected to remain stable or decline gradually in the Planning Area. Organized recreation services are provided under the auspices of four recreation associations who are funded through a combination of property tax revenues and provincial grants. These associations administer facilities and programs within each of the communities of Goulais River, Heyden, Searchmont and Batchawana and are accessible to residents within the surrounding townships as well. Recreation facilities include community centres and a variety of indoor or outdoor facilities e.g. ball diamonds, rinks, tennis courts and soccer fields. With a limited population base scattered over a wide area, and limited budgets, community recreation associations are for the most part only able to provide a basic level of recreation services. Significant new expenditures on facilities are not anticipated. The focus rather will be on the maintenance and gradual improvement of existing facilities. In addition to these services, outdoor recreation plays a substantive role in meeting the recreational needs of the P November2013

43 community. For example, within the Planning Area, there is an extensive system of recreational trails comprising: Snowmobile trails which are part of the network of the Ontario Federation of Snowmobile Club trails The oyageur Hiking Trail which links with other communities along the North Shore Mountain bike, cross-country ski and hiking trails associated with the Searchmont Resort Stokely Creek Lodge Sault Cycling Association cycling trails Algoma Highlands Conservancy - cross country and cycling trails Superior Conservancy - trails development Library services include the Goulais Public Library servicing the Goulais River Community coupled with library services are limited to those provided by the Sault Ste. Marie Public Library or available through the local school. subsidized on behalf of parts of the Planning Area by the Ontario Library Service Grant Program. Library services could be enhanced through better utilization of the Ontario Library Service Grant Program by Recreation Associations within the Planning Area. This would add to the resources available to the Sault Ste. Marie Public Library through signing over grants that communities are eligible to receive as opposed to developing new libraries locally within the Planning Area. Protection services include police protection provided by the Ontario Provincial Police out of the Sault Ste. Marie detachment; fire suppression or fire protection services for structural fires provided under the auspices of five volunteer fire service teams (Searchmont, Aweres, Goulais and District, Batchawana and Montreal River); non-structural fire protection service provided by the Ministry of Natural Resources; a service being introduced for the southern part of the Planning Area and ambulance services. Fire, police and other emergency services are an integral component to ensuring safe communities. Gradual improvements to the level of services may be anticipated at a scale in keeping with the communities they serve. Remote or inaccessible development cannot however be expected to receive the same level of service as the primary settlement areas. Institutional-based health services and long term care provided under the auspices of the Algoma District Health Council and the Algoma Public Health Unit respectively. While there is an extensive array of health services delivered P November2013

44 through a variety of institutions and organizations under these jurisdictions, all institutional-related facilities are located within the City of Sault Ste. Marie and other organized municipalities along the North Shore of Huron. In-field services are provided through out-reach programs and while they are accessible to all residents, travel distances are recognized as a factor which impedes the delivery to these residents particular in the north end of the Planning Area. The level of facilities and services is generally adequate and does not require the construction of facilities within the Planning Area. The approach to planning for a healthy community could however benefit from a focus on three features: a communications strategy that raises the awareness of the public on the services and facilities available; providing that land use planning decisions do not encourage remote and scattered development which limits the accessibility of future residents to health care services; utilizing existing community centres, schools and other facilities for the staging or delivery of health care services, wherever feasible. Other services within the Planning Area include two cemeteries (Goulais River and Batchawana) Goal To facilitate a range of public service facilities in keeping with the social and human service needs and scale of development within the Planning Area Objectives 1. To provide for a level of education, health, protection, recreation, cultural and other services that meet the needs of residents within the Planning Area. 2. To ensure the capacity of public service facilities is in place or planned for prior to new development. 3. To encourage the optimization of existing facilities through multiple use or consolidation. 4. To locate public service facilities within settlement areas in locations central to users Policies - Social and Human Services P November2013

45 1. It is a policy to facilitate a range of public service facilities that are necessary to meet the needs of the residents of the Planning Area. These needs include the provision of schools, health services, protection services and recreation and cultural services. 2. The scope of permitted public service facilities is intended to include schools, fire halls, community halls and recreation facilities including parks, playing fields, playgrounds and recreational trails, libraries, cemeteries and group homes. 3. It is the policy of Planning Board to recognize that certain public service facilities are better located in adjacent municipalities and these services need not be duplicated within the Planning Area. Such services include institutional based health services and long term care facilities e.g. hospitals, homes for the aged, nursing homes, police services, secondary schools and post-secondary educational services. While these services may be located outside of the Planning Area, the policy intent of the Plan is to ensure that these facilities are adequate to meeting the needs of Planning Area residents. Of particular importance is the capacity of secondary schools, the provision of community support and outreach health services programs and the equity of access to those programs by Planning Area residents and optimizing the use of larger scale library services. 4. It is a policy to locate new public service facilities and other new institutional uses within designated built-up communities unless it can be otherwise demonstrated that their location should be elsewhere given the service they provide (see also Policy 3.7.7). 5. Protection Services As a policy, Planning Board supports the provision of protection services such as 911, the provision and improvements to ambulance and fire services and the provision of a highly visible civic addressing program as a measure to optimize access to these services (see Land Use Schedule for Fire Service Protection Areas). As a measure of fire safety, it is the intent of Planning Board to encourage residents to incorporate design measures to protect buildings and structures which may be susceptible to damage caused by forest fires by taking into consideration the following criteria: Safe access Suppression resources Layout - design Land use pattern Building separation distances Fuel breaks P November2013

46 Fire safety features for building and property Maintenance Compliance with the Building Code Such concerns may also be addressed in the development review of applications to ensure an adequate level of fire safety in the provision of access and circulation by emergency vehicles, posting of fire routes and fire lanes and the spatcial separation of buildings. 6. Group Homes A group home is defined as a single housekeeping unit in a residential dwelling, in which three (3) to ten (10) residents (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents, who by reason of their emotional, mental, social, physical or other condition require a group living arrangement and the home is licensed or approved under Provincial statute and is in compliance with the Zoning By-law. It is a policy to permit a group home in a single detached dwelling in any area zoned to permit residential uses in the Planning Area (see also Policy 3.7.7). 7. Recreational Trails and Leisure Activities 1. It is a policy to recognize existing recreational trails and to support or encourage the development of new recreational trails as an important component of recreation and leisure activities and tourism development in the Planning Area. Recreational trails may provide for such activities as snowmobiling, cross-country skiing, snowshoeing, hiking, cycling and mountain biking and equestrian. 2. It is a policy to encourage other recreational and leisure pursuits where such activities are compatible with and can be integrated into the settlement and land use pattern of the Planning Area. Such activities may include outdoor recreation, canoe tripping, boating and aquatic activities, ecotourism-related uses and golfing Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applications for development under the Planning Act shall be reviewed for their impact on the capacity and adequacy of public service facilities. Planning Board will circulate applications to school boards and other social and human service agencies as applicable as a means to assess capacity and the adequacy of services. P November2013

47 2. Planning Board will liaise with the Algoma District Health Council and the Algoma Public Health Unit where appropriate in assessing the need and delivery of institutional-based community support and outreach programs for residents within the Planning Area, by developing a Communications Strategy and by ensuring that land use planning decisions do not encourage remote and scattered development which limits the accessibility of future permanent residents to health care services. 3. Planning Board will work with community recreation associations towards improving or enhancing the use of existing schools and recreation facilities for publicly accessible recreation and leisure activities. 4. As part of the GIS data base, Planning Board will recognize such features and facilities as school bus routes, the geographic jurisdiction of fire services teams, civic addressing for the 911 service, the recognition of existing and new public service facilities and the recognition of existing provision for new recreational trails such as the oyageur Trail, the Ontario Federation of Snowmobile Clubs Affiliated Trail System, etc. 3.2 PUBLIC STREETS AND FACILITIES Goal To make public streets and places safe and accessible to all, particularly the disabled Policy - Public Streets and Facilities 1. It is a policy to encourage the use of appropriate design principles in providing safe access and egress, good lighting and personal safety considerations in the design and development of streets, buildings and recreational facilities Implementation Measures to achieve policies of the Planning Board are as follows: 1. As part of the development review process, to encourage proponents of development to consider the principles of design with respect to: safe access to and from properties; providing proper lighting of buildings and other facilities for public safety. P November2013

48 3.3 ECONOMIC BASE Introduction The economic base of the Planning Area is diverse comprising natural resource development and related industries (forestry, mining, agriculture, commercial fishing, mineral aggregates), tourism, construction, transportation and communication and community, business and personal service. Within the community, business and personal service sector, there is an active home based business component. From a land use survey, 77 businesses were identified of which 62 were classified as community, business, personal service or tourismrelated services located in the Planning Area. The potential for new business development is dependent on international markets for resource-related industries; is related to the health of the economic base of the adjacent City of Sault Ste. Marie; and is related to the health of the tourism industry. Much of the community and personal service commercial industry is related to markets created by the resident permanent and seasonal population Goal To provide opportunities for a diversified an economic base dependent on the management or use of resources and resource-related recreational activities while sustaining a stable and healthy existing economic base. Formatted: Strikethrough Objectives 1. To enhance employment opportunities. 2. To foster and promote sustainable economic activity. 3. To build on the community's advantages. 4. To integrate economic, social and environmental considerations. 5. To optimize the utilization of the existing infrastructure Policies - Economic Base 1. In making land use decisions, it is a policy of the Planning Board to conserve the natural resource base for the development of primary industries including forest products industries, mineral aggregate operations and mining and exploration development. The stewardship of the natural P November2013

49 resource base is intended to ensure sequential or the best utilization of the resources as they are exploited or developed. 2. It is a policy to sustain existing resort commercial resource-related recreational services and facilities and make provision for new services and facilities or the upgrading or improvement of existing services. Formatted: Strikethrough 3. It is a policy to provide for personal or service commercial development tailored to local needs by assigning such development to designated built-up communities and to also provide services to the travelling public along the Highway 17 corridor Home Based Businesses 1. It is a policy to permit home based businesses in the Planning Area where they are clearly secondary to a principal residential use and where they fall within any of the following categories: professional services; personal services; instructional services; home craft businesses; private daycare; trades businesses; repair services including small engine repairs autobody and automotive repairs are not permitted as a home based business. 2. Home based businesses shall be permitted where they are compatible within the rural neighbourhood and conform with the following provisions: the business is conducted in the practitioner's own residence or accessory building; the business is accessory to a permitted residential use, and is generally compatible with adjacent uses; that the business does not employ more than a few persons, as set out in the Zoning By-law; that adequate parking is provided; that the business must be dry in nature, that is, it must not require a large quantity of water or produce a large quantity of sanitary waste. Businesses must have the approval of the public body having jurisdiction for on-site water and sewage disposal systems; P November2013

50 that on-site outside storage is screened and buffered; that the business does not involve the on-site storage of hazardous chemicals, gasoline or oil products; a home based business shall only be conducted within a fully enclosed building Larger Commercial or Industrial Developments It is a policy to direct larger commercial or industrial developments particularly non-resource related uses to adjacent municipalities. Reference should also be made to Sections and (5)] Implementation Measures to achieve policies of the Planning Board are as follows: 1. Planning Board will encourage development applications for development which enhances the economic base by providing additional employment or needed services related to the management or use of resources and resource-related recreational activities. 2. Planning Board will incorporate into the implementing Zoning By-law, appropriate zoning standards for commercial and industrial uses (categories) and home based businesses. The standards to be utilized will take into consideration the adequacy of the lot size, the appropriateness of separation distances to ensure land use compatibility with adjacent land uses and the servicing requirements for on-site sewage and water. 3. Planning Board will work with the City of Sault Ste. Marie in promoting economic development and in directing commercial and industrial uses to the City where such uses are better developed on full municipal services. 4. Planning Board will make data or information accessible to the public and private industry where it serves to enhance the opportunities for economic development in the Planning Area and conforms to any agreement between the Board and the generating agency. 5. Planning Board will encourage the adaptive re-use and redevelopment of abandoned commercial uses along Highway EFFICIENT USE OF LAND, INFRASTRUCTURE AND PUBLIC FACILITIES Introduction P November2013

51 The efficient use of land in a rural context is a function of the servicing capability for private services, the characteristics of terrain, development constraints, be it wetlands, lands with capability for natural resource development, flood plains, etc. and road access. Within the Planning Area, lot sizes for residential development, for example, vary substantially from undivided original blocks of several hundred acres to lots that have been subdivided by way of consent or subdivision. The consent process has been the most significant factor in determining the prevailing lot size within the Planning Area. There are however, a significant number of subdivisions as well which have been created through the compilation of lots (judge's plan) or by registered plan. Lot size standards have evolved over time from one-half through three-quarter acre to.4 hectare (1 acre) to a current standard of 0.8 ha (2 acres). plus. A more current standard being implemented by the Algoma Health Unit, is a 1 hectare lot (2.47 acres). Public service facilities are limited in the Planning Area to essentially, schools, parks, community centres, fire stations and a library. Existing facilities are located within the communities of Heyden, Goulais, Searchmont, Batchawana and Montreal River Harbour. New additional facilities are not foreseen and the expansion of existing facilities can be accommodated on existing properties Goal To promote the efficient use of infrastructure and public service facilities Objectives 1. To provide for new development on existing infrastructure wherever possible. 2. To minimize the consumption of land for development. 3. To optimize the use of existing public service facilities Policies - Land, Infrastructure and Public Facilities 1. It is a policy to locate new development wherever possible in locations where existing infrastructure is available including: Roads School bus routes Fire services Utilities e.g. hydro, telephone Winter maintenance P November2013

52 See Land Use Schedules for Public Facilities and Fire Service Protection Areas respectively. Reference should be made to the list of criteria for new development or consents as set out in Section The location or form of development shall comply with the policies of Section Growth and Settlement, of this Plan. 2. It is a policy that lot sizes minimize the consumption of land provided they meet current environmental standards. 3. It is a policy to optimize the use of existing public service facilities as an alternative to the construction of new facilities Implementation Measures to achieve policies of the Planning Board are as follows: 1. In reviewing applications for development, Planning Board will verify the location of the proposed development relative to the availability of existing infrastructure and may not approve development that requires the extension of a road, a school bus route, a trunk line utility or fire services. Priority will be given to development on existing lots of record or on newly created lots (infill lots) within designated built-up communities. 2. Planning Board will incorporate into the Zoning By-law, lot sizes which are appropriate to minimizing the consumption of land while meeting required environmental standards. 3. Planning Board will work with public bodies and community groups to advocate and provide for the multiple use of existing schools, parks, community centres, fire stations and other similar facilities in meeting the social and human services needs of the community as an alternative to the construction of new facilities. 3.5 TRANSPORTATION SYSTEMS Introduction Transportation within the Planning Area is dependent on a network of roads as the primary method of conveyance and secondly rail services. The road network is made up of: Provincial highways Local Roads Boards roads (includes Statute Labour Boards roads) 50/50 Agreement roads P November2013

53 Private roads Resource access roads 1. Provincial Highways The Provincial highways network consists of Highway 17 which is part of the TransCanada Highway, the 500 series highways including 552, 556, 532 and 563 and finally the 7000 series comprising the Havilland Shores Drive, Harmony Bay loop, Heyden loop (MacIntyre Road) all of which are previously parts of Old Highway 17. Highway 17 is a "special controlled access highway" whose function is to carry through traffic and provide limited direct land access. The 500 Series highways are characterised as 2 or 4 lanes undivided and whose function is split between carrying through traffic and providing land access whereas the Class 7000 Series function is to carry traffic and to provide access to local properties. Access controls are administered by MTO for all classifications of provincial highways and address such matters as the type, number and engineering design of access points, the setback of buildings and structures including in particular signs and the location and design of intersecting local roads. In planning an efficient transportation system, regard to the function of various classes of provincial highways as well as access control is vital. 2. Local Roads Boards, Statute Labour Boards There are 10 Local Roads Boards and 3 Statute Labour Boards operating within the Planning Area as follows: Local Roads Boards Red Rock Peacetree Fenwick, Pennefather and ankoughnet Goulais Mission ankoughnet and Aweres Gaudette and Hodgins Wabos Northland Horseshoe Bay Tilley Statute Labour Boards Aweres No. 1 Aweres No. 2 Havilland P November2013

54 There is a total of 152 km of LRB roads and 16.8 km of SLB roads in the Planning Area. The function of these roads is primarily to provide access to adjacent properties. These agencies are the primary public authority for the administration of the local roads system and the construction, maintenance and access standards are usually if not intended to meet MTO standards since these agencies are dependent upon MTO for funding. These agencies have the authority to incorporate new roads into their network including the assumption of (upgraded) private roads /50 Agreement Roads There are 5 km of roads within the Planning Area that fall under special agreements between the Ministry and groups of property owners. These roads do not necessarily meet MTO standards and may be considered as quasi public. 4. Private Roads There is an extensive network of private roads within the Planning Area and the construction and standards of which may be substantially less than MTO standards. Substantive costs are anticipated in upgrading such roads to meet minimum standards for assumption by LRBs. Given their status, school busses are not permitted on private roads. 5. Resource Access Roads These types of roads are constructed to provided access to the area's natural resource base and while such roads on occasion provide access to cottage development, they should not be depended upon as the principle means of access for non-resource related development. 6. Rail Services Rail services provide access to some remote recreational dwellings within the Planning Area. The potential discontinuance of this means of access will increase the pressure to provide access by roads. The intent of planning policy is to recognize the function of various classes of roads as they relate to adjacent land use. In addition, the plan imposes restrictions on access depending on the type of road, focusses the approval of new development on the "public" road network, encourages the assumption of private roads by LRBs and discourages the construction of new private roads Goal P November2013

55 To provide for the development and maintenance of an efficient transportation system in meeting existing future road and rail requirements within the Planning Area Objectives 1. To coordinate the actions of public authorities in providing a transportation system which facilitates the efficient movement of people and goods in a safe and convenient manner. 2. To work with Provincial Authorities in regulating land use development adjacent to provincial highways. 3. To work with Local Roads Boards and Statute Labour Boards in improving the LRB/SLB road network as the primary network for access to existing and future development. 4. To meet contemporary design standards for road construction. 5. To discourage new private road construction. 6. To minimize the financial, social and environmental impacts of the transportation system on the Planning Area. 7. To encourage the ongoing provision of rail services Policies - Transportation Systems 1. It is a policy to recognize the transportation system as comprising Provincial Highways, Local Roads Boards roads, Statute Labour Board roads, private roads, special agreement roads, resource access roads and rail services. 2. It shall be a policy to classify roads according to their function and engineering standards for construction. The classification system is illustrated on the land use schedule. This schedule is not intended to illustrate all roads or transportation services which may be constructed during the life of this plan. Other local roads built by the private sector, by the province or under the auspices of Local Roads Boards, improvements to existing roads and other transportation services such as snowmobile trails and bikeways may be added to the network provided they meet the required engineering standards and environmental approvals. While improvements to the system may occur, it is a policy to optimize the use of the existing transportation network in making decisions on the location of new developments. P November2013

56 3.5.5 Provincial Highways 1. It is a policy to recognize the function of Highway 17 and the 500 Series highways to carry large volumes of traffic at high speeds and to connect major traffic generators. Restrictions will apply to entrances and signs adjacent to this highway system as governed by the Ministry of Transportation. Highway improvements or upgrading to the system may be undertaken from time-to-time and shall be taken into consideration by Planning Board in the review of development applications. In addition to all the applicable Planning Board requirements, all proposed development located in the vicinity of Provincial Highways in the Planning Area will be subject to the Ministry of Transportation (MTO) approval under the Public Transportation and Highway Improvement Act. Any new areas in the Planning Area identified for future development that are located in the vicinity of Provincial Highways and/or intersections within MTO s permit control area under the Public Transportation and Highway Improvement Act will be subject to MTO s access management policies, standards and requirements. Direct access will be discouraged and often prohibited. Access to provincial highways is restricted and development shall only be permitted where the applicable approvals/permits have been obtained. This may include a traffic study and a drainage/stormwater management study. Any new roads proposed to be connected to a provincial highway are subject to provincial approval including spacing requirements between intersections. Noise and vibration studies may be required prior to considering whether development should be approved adjacent to provincial highways. Snowmobile crossings of provincial highways are also subject to the prior approval of the Ministry of Transportation. 2. It is a policy to recognize the function of the 7000 Series highways as providing for through traffic and providing access to abutting properties subject to MTO restrictions. 3. It is a policy to support improvements and upgrading of Provincial highways by protecting highway corridors (see Section ) Local Roads Boards and Statute Labour Boards Roads 1. It is a policy to recognize the function of LRB and SLB roads as primarily for carrying low to medium volumes of traffic and acting as the principle access to abutting properties. 2. It is a policy that this component of the transportation system be the primary network for access to existing and new development. P November2013

57 3. Standards for new road construction shall be the minimum standards for Local Roads Board and Statute Labour Board Roads, the Geometric Design Standards for Rural Ontario Roads and the Minimum Standards for a Turn Around as set out by the Ministry of Transportation. 4. It is a policy to provide support to Local Roads Boards where they choose to assume the jurisdiction and maintenance of private roads under the requirements of the Local Roads Board Act. This may extend to the assumption of the 700 Series highways and 50/50 Agreement roads Roads Maintained under 50/50 Agreements 1. While it is recognized that Provincial funding is provided for the maintenance of certain roads under special agreements with abutting property owners, this does not guarantee that such funding is guaranteed indefinitely. It is the policy of the Planning Board that new agreements of this nature should not be the basis of the approval of development applications. 2. It is a policy that the Planning Board may approve permanent development on existing roads governed by such agreements where there is substantial other permanent development on the same road and the potential exists for continuity of the agreement or the potential establishment of a Local Roads Board in assuming the road Private Roads 1. It is a policy to recognize the function of existing private roads as providing direct access to existing abutting properties and to provide access to seasonal developments. A private road is defined as a road which services two or more properties in separate ownership. The intent of the Plan is to recognize the function of existing private roads as providing direct access to existing abutting properties. Planning Board will encourage property owners to maintain and to upgrade existing private roads to a standard that will facilitate their use by emergency vehicles. 2. It is a policy that new private road construction, or extensions to existing private roads will be discouraged, however, minor extensions to private roads may be considered where the potential for new development at the end of the road is limited e.g. 1-3 lots and there is no alternative means of access. The construction of new private roads or extensions to existing private roads shall not be permitted except under the following circumstances: i. the road provides access to lots within a registered plan of condominium pursuant to the Condominium Act, as amended, and the road in the condominium connects directly to an external existing public road; ii. Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, Not Bold, Not Italic Formatted: Indent: Left: 2.54 cm, Hanging: 1.27 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, + Start at: 1 + Alignment: Right + Aligned at: 3.52 cm + Indent at: 4.15 cm, Tab stops: Not at 2.54 cm cm Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, Not Bold, Not Italic, Font color: Black, English (U.K.) Formatted: Font: (Default) Times New Roman, 11 pt P November2013

58 In exceptional circumstances, the construction of a new private road may be permitted as follows: I) the road will provide access to a condominium development approved under the Planning Act and will comply with the requirements of the Condominium Act respectively; ii) the road will provide access to an existing development which existed on or prior to November 1, 1999 as of the date of adoption of this Plan that was previously accessed by water or by an undeveloped right-of-way only. An undeveloped right-ofway means an easement or right-of-way held in common ownership by abutting property owners where a road has never been constructed. The road will only be recognized as a private road where it is clearly demonstrated to the Planning Board that the road cannot be assumed and maintained by a Local Roads Board. In considering the need for a new private road, it must be clearly demonstrated to the Planning Board by the proponent(s) that it is not in the interest of the public to develop the road as a public road. 3. It is a policy that property owners abutting private roads will be encouraged to upgrade private roads for assumption by Local Roads Boards. 4. It is a policy that Planning Board will not support the use of private roads for school busses. Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Strikethrough Formatted: Font: (Default) Times New Roman, 11 pt Resource Access Roads 1. It is a policy that the function of resource access roads is to provide access to resource lands and secondarily to provide access to existing seasonal developments (see Table (A) 3. Access - Column 5). 2. It is a policy that existing seasonal development along resource access roads be recognized. 2. Planning Board recognizes that the maintenance of resource access roads is not guaranteed and such roads may be closed. Existing development along access roads is recognized; however the intent of the Plan is not to permit new non-resource related development on resource access roads Shoreline Road Allowances 1. It is a policy of the Planning Board that shoreline road allowances which exist in the Planning Area, which are owned by the Province of Ontario, be retained by Ontario, to ensure that the shoreline ecosystems in those locations remain in a natural condition. In situations where tenure resolutions are required to authorize occupations of Shore Road Allowances P November2013

59 by habitable structures, then the use of a building envelope will be the only method used for the disposition of the occupied area Rail Services 1. It is a policy to support the rail line as a means to provide access to remote cottaging sites within the Planning Area as an alternative to the construction of new access roads (see Section ) Other Transportation Services 1. It is a policy to integrate recreational vehicle trails into the transportation network where feasible Implementation Measures to achieve policies of the Planning Board are as follows: 1. Development applications shall contain information as to the classification of the road. In reviewing applications, Planning Board will verify the location of the proposed development relative to the type of road, point of access and standard of construction and maintenance. Applicants will be referred to the Ministry of Transportation to obtain the required permits prior to the approval of development for developments within Provincial Highway corridors. 2. With respect to LRB/SLB roads, Planning Board may consult with these public road authorities as required. Comments may be solicited with respect to the safety of the access point, number of entrances and construction standards. Particular attention will be given to avoiding access points which are on a hill or a curve where the vision of oncoming traffic may prevent safe access and egress. 3. Planning Board will work with local roads authorities and MTO with respect to negotiating or facilitating the upgrading and/or assumption of private roads, 50/50 Agreement roads and the 7000 Series provincial highway into the Local Roads Boards network. 4. Planning Board will advise applicants for new development or perspective residents as to the status of maintenance (seasonal or year round) and the limitations that apply to school bussing. 5. Planning Board will work with local snowmobile clubs to ensure a high standard in the construction of snowmobile trails and the safe integration of trails with the roads network. P November2013

60 6. Planning Board will incorporate appropriate setbacks into the Zoning By-law that reflect provincial and local land use control requirements. 7. Planning Board may require applicants to provide an assessment of the cost impacts of development on the road network, in particular, costs associated with upgrading or expanding or extending the road network or winter and/or summer maintenance costs. 8. Planning Board will work with the Ministry of Natural Resources with respect to the use, maintenance or decommissioning of resource access roads with respect to their implications for land use development. 3.6 PLANNING FOR SEWAGE AND WATER SERICES Introduction The hierarchy of servicing within the Planning Area consists of a series of communal well or well and sewage systems servicing principally small clusters of residential development while the balance of development throughout the Planning Area is serviced by on-site water and sewage systems. The list of communal services is as follows: Pioneer Mobile Home Park - water Beaumont Mobile Home Park - water Shetland Mobile Home Park - water and sewage Rupert Acres Mobile Home Park - water and sewage Peacetree Single Detached Residential - sewage Mountainview School - water Searchmont Resort - water A number of the above systems were installed without approvals and were designed to service existing development with no residual capacity for additional development. More recently, those systems which were not installed under a Certificate of ApprovalEnvironmental Compliance Approval have been proceeding to work with the Ministry of Environment and Energy to obtain the necessary approvals. The status is as follows: Beaumont and Pioneer Parks have submitted applications for Certificates of Approval for water. Rupert Acres has a Certificate of ApprovalEnvironmental Compliance Approval for its sewage system (collection and lagoon). Peacetree has a Certificate of ApprovalEnvironmental Compliance Approval for its collection system and a use permit from the Algoma Health Unit for the communal septic tank. Searchmont Resort has a Certificate of ApprovalEnvironmental Compliance Approval for the water system. P November2013

61 Shetland has a Certificate of ApprovalEnvironmental Compliance Approval. The capacity for further development on existing systems is negligible with respect to the residential development. Further development would require a complete redesign and the installation of a new system(s). From the standpoint of a servicing strategy, the existing systems cannot be depended upon to meet future growth requirements as it would be preferable to design and develop communal systems which are independent of the existing systems. New communal systems servicing mobile home parks will be required to be owned or operated by a public body or capable of being assumed by a public body in the event the system fails. Aside from areas serviced on communal sewage and water systems, the balance of the Planning Area is dependent on servicing by on-site (private) sewage and water services. This is the only realistic option for servicing future development given the lack of a municipal government structure and the scattered settlement pattern that characterises the Planning Area. To minimize the environmental impacts, the plan requires lot sizes which meet the requirements of the Environmental Protection Act and Ontario Resources Act. A terrain analysis and hydrogeological study is required for built-up areas within settlements and where the cumulative effects of development may have a negative impact on water quality Goal 1. To plan for servicing facilities which maintain or enhance the quality of the natural environment and which accommodate expected growth Objectives 1. To support the maintenance and upgrading of existing communal water and sewage systems. 2. To build a data base with respect to information on soil and water conditions as a basis for land use decisions. 3. To require a servicing evaluation for all new development. 4. To restrict developments which may lead to a requirement for communal servicing Policies - Sewage and Water Services P November2013

62 1. It is a policy that new development within the Planning Area occur on the basis of individual on-site (private) water supply and sewage services. 2. It is a policy that all private servicing systems shall be subject to the regulations of the public body having jurisdiction. 3. It is a policy that all applications to create new parcels of land, with water and/or sewage requirements, shall be supported by a terrain analysis and hydrogeological report or an assimilation capacity study having been completed in accordance with the requirements of the Environmental Protection Act, Ontario Water Resources Act or the Building Code Act respectively, to demonstrate that the proposal will not have an adverse effect upon the environment or public health and shall, unless otherwise exempted, provide the following information: a recommended minimum lot size suitable for private waste disposal systems; a calculation of the projected water demand and an assessment of the quantity and quality of water available; the requirements for the installation of in-ground or aboveground sewage disposal systems; an assessment of the rate of groundwater recharge and discharge and where applicable, the need for protective land use measures; design details on the requirements for well water construction in accordance with Ontario regulations; the identification of any potential negative impacts of development on adjacent lands or previous phases of development as well as the required mitigation measures; an environmental impact evaluation which establishes a quantitative method for determining minimum lot sizes. that site conditions are suitable for the long-term provision of individual on-site sewage and water services The above provisions shall apply with necessary revisions where the water supply is surface water. 4. It is a policy that the requirement for a terrain analysis and hydrogeological report or an assimilation capacity study may be waived subject to a review by the public body having jurisdiction where the minimum lot size for P November2013

63 residential development is proposed to be one (1) hectare or more and less than six (6) lots are proposed. 5. It shall be a policy that proponents of residential and non-residential developments using greater than 50,000 litres per day of water and/or generating more than 10,000 litres per day of sewage shall prepare: a terrain analysis and hydrogeological report or an assimilation capacity study. 6. It shall be a policy that lot sizes shall be established on the basis of a terrain analysis and hydrogeological report or an assimilation capacity study but shall not in any case be less than 0.4 hectares (1 acre) 0.8 ha (2 acres) in size of developable land and shall in general be consistent with the character and size of lots in the vicinity of the development. Formatted: Strikethrough 7. It is a policy that the Planning Board shall not approve the creation of additional building lots by severance which would unreasonably reduce the lot size of either the severed or the retained lot to less than the minimum lot size established in subsection 6 above without the agreement of the public body having jurisdiction (i.e. existing dwelling unit with an adequate existing system). (See also Section ) 8. It is a policy in the approval of development that the applicant demonstrate that there is sufficient reserve sewage system capacity for hauled sewage Communal Sewage and Water Services 1. It shall be a policy to recognize the existing communal services within the Planning Area to support their maintenance or upgrading in accordance with the requirements of the Environmental Protection Act and Ontario Water Resources Act, particularly with the acquisition of Certificates of Approval. 2. It is a policy that further expansion or infill on existing communal services not be permitted unless the requirements of the Environmental Protection Act and the Ontario Water Resources Act have first been met. 3. It is a policy that new communal sewer and/or water services within the Planning Area not be permitted unless it can be justified as necessary to protect the environment or public health, or is associated with a commercial resort development or resource-related development. Such a communal system will only be permitted where an agreement has been entered into between a condominium corporation or single owner with a public body providing for the public body to assume the system in the event that the system fails or defaults, or alternatively, where a public body owns, operates and manages the communal system. P November2013

64 4. It is a policy that a terrain analysis and hydrogeological report or an assimilation capacity study shall be completed in accordance with the requirements of the Environmental Protection Act, Ontario Water Resources Act or the Building Code Act respectively, to demonstrate that the proposed communal sewage and water service will not have an adverse effect upon the environment or public health and that a Certificate of ApprovalEnvironmental Compliance Approval is obtained prior to the approval of such development by Planning Board Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. Information in support of the application with respect to on-site (private) water and sewage systems shall be as set out under Section of this Plan - Planning for Water and Sewage Systems. 2. Planning Board will consult with the public body having jurisdiction in seeking an evaluation of a terrain analysis and hydrogeological report or an assimilation capacity study prior to approving any proposed development such as a consent, plan of subdivision or rezoning. The results of such investigations may be utilized in deciding on the appropriateness of the lot size, setback from waterbodies, density of development, mitigation measures, etc. 3. Planning Board will work with existing public bodies and may encourage the establishment of new boards to administer communal services in an environmentally effective way. 4. Planning Board will incorporate into the GIS data base, as it becomes available, relevant information with respect to terrain, hydrology and hydrogeological characteristics as a means to improving the decision-making and monitoring the impact of development on the natural environment. Additions to the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will however, require an amendment to this Plan. 5. Planning Board will establish appropriate zoning standards in the Zoning Bylaw with respect to lot sizes and setbacks for development by on-site (private) sewage and water or communal sewage and water services. 3.7 GROWTH AND SETTLEMENT Introduction P November2013

65 Growth and settlement within the Sault Ste. Marie North Planning Area has been influenced by a number of factors including: Road access, particularly the local roads and provincial highway network. Characteristics of the terrain e.g. the settlement pattern is spread out because the most easily developed lands are developed first and in many circumstances these lands are interspersed with lands that cannot be developed because of the characteristics of the Canadian Shield topography e.g. rock outcrops, wetlands, severe slopes, flood plains, organic soils, etc. Preference for residential development on water bodies most notably the shoreline of Superior and inland lakes (Upper Island, Lower Island, Heyden, Maki, Trout, Northland, Weckstrom ). Residential development along shorelines is both seasonal and permanent. In recent years, there is a notable trend of conversions of seasonal to permanent dwellings. Remote seasonal dwellings are also an attractive alternative for recreational activities. Proximity or commuting distance to the City of Sault Ste. Marie which is the major employment base for the Planning Area. Clustering around schools, community centres, fire stations, other community services and local commercial services. Scenic vistas and locations which are natural amenities or assets to the development of tourist-related facilities such as motels, lodges and tourist outfitters. Spin-offs from resource-related activities and major utilities. A land use survey undertaken in May and June of 1995 confirmed that most of the development has occurred in the central townships of Aweres, Dennis, Fenwick, Havilland, Kars, Ley, Pennefather, Tupper and ankoughnet and more particularly within communities such as Goulais River, Heyden, Kirby's Corners and Karalash Corners. For example, of 521 lots created over the last 15 years between 1980 and 1994), 344 were created in these townships. Similarly, of 676 letters of conformity issued over the same period, 521 occurred in the central townships. Conversely, there is limited development pressure in the northern townships (Fisher, Herrick, Home, Kincaid, Nicolet, Palmer, Peever, Rix, Ryan, Slater, Smilsky and Tilley) and as well in the eastern townships (Anderson, Archibald, Deroche, Duncan, Gaudette, Hodgins, Jarvis, La erendrye, Marne and Shields). An update of lot creation for the period was undertaken in September A total of 94 new lots were created or 7.8 per year. Of these, 53 (56.3%) were created in the central townships, 11 (11.3%) in the northern townships and the balance of 30 (32.4%) in the eastern townships. Of 733 letters of conformity issued over the same period, 227 were on vacant lands of record or 19 per year. Formatted: Indent: Left: 1.9 cm P November2013

66 The settlement pattern that has occurred falls into 7 built-up communities as well as a series of other shoreline communities as follows: Built-up Communities Batchawana Bay Goulais River Havilland Bay Heyden Karalash Corners Kirby's Corners Searchmont - Wabos Shoreline Communities Montreal River Harbour Mamainse Pancake Bay Herrick (Corbett Road) Sandpoint Chippewa Falls (Whispering Pines) Jones Landing Harmony Beach Havilland - Ley - Kars (McCauley Road, Horseshoe Bay Road, Marlette Drive, Bluewater Road, Nils Bay Road, Sandbay Road, Four Seasons Drive) Fenwick - Kars (Goulais Mission Road) Pennefather (Kelly's Creek Road) Dennis (shore Drive) While some of this development is concentrated, the lack of contiguity reflected in the physiography of the area works against the development of a compact settlement pattern in general as does the desire of rural residents to live in "wide open spaces". The result is a more costly settlement pattern to service from the standpoint of building and maintaining roads, providing communal water and sewer services and utilities. The settlement pattern will not vary substantially in the future however, for several reasons: The current rate of population growth is negligible being influenced by an out-migration of youth and the in-migration of a pre-retirement or retirement population of empty-nesters. There is no significant economic stimulus that will create new employment either within the City of Sault Ste. Marie or in association with resource development in the foreseeable future. While new development continues to occur, a substantial contributing factor is the conversion of existing residential building stock (seasonal) to permanent dwellings. There is a substantial existing inventory of vacant building lots. ( ha (1-3 ac.): 238 permanent and 92 seasonal, less than 0.4 ha (1 ac.): 893) P November2013

67 MPAC (2011) indicates a supply of some 1,259 vacant lots not on water and a further 870 vacant residential/recreational non-water related lots in the rural area, although this supply has not been evaluated to determine the number of usable lots. There are a number of townships within the Planning Area which are substantially or all Crown land and are uninhabited without the prospect of development. In addition to available building lots, there are substantial lands in and about seven of the larger built-up communities (Searchmont, Heyden, Goulais River, Kirby's Corners, Karalash Corners, Batchawana Bay and Havilland Bay) amounting to some 3,513 acres. As a consequence of the land use survey, community workshops, an analysis of the settlement pattern and vacant land supply, there are several underlying principles upon which the growth and settlement policies have been established as follows: Recognition that the presence of significant development constraints means that contiguous development is not always possible. However, wherever possible, infill should occur on vacant land parcels or vacant lots within designated communities. The boundaries of communities (settlement areas) are not precisely definable but there are identifying features or characteristics which differentiate one community from another. This makes each of the 7 primary built-up communities unique and therefore separate from each other. These in turn play a separate role from the shoreline communities. Future new development will be primarily focused within the 7 built-up communities either on existing lots of record or through infill on newly created lots. Opportunity for infill development on existing lots of record or through the consolidation of small lots (under 0.4 ha or 1 acre) will also be permitted within the built-up communities as well as the shoreline communities. The identity of what constitutes a built-up community includes community services such as schools, fire stations and community recreational facilities; commercial services; school bus routes; the configuration of the road network; cultural features, natural and physical boundaries such as wetlands or topographic features, etc. Lot sizes and frontages within communities may vary depending on environmental requirements as well as the characteristics of existing development, most notably the density of lot sizes or lot frontage. For example, where the prevalent standard was a 60 m (200 ft.) frontage, this would be the expected standard for development. P November2013

68 New development or consents would be permitted based on the following criteria: - The proposed land use is related to the management or use of resources or resource based recreational activities unless: a) it is limited in nature and the subject lands are not located in an area adjacent to or surrounding a municipality; or b) it has been determined, as part of a comprehensive review that the impacts of the proposed development will not place an undue strain on the public service facilities and infrastructure provided by adjacent municipalities or the Province. - Frontage on an existing publicly maintained road. - Location on an existing school bus route. - Availability of fire protection. - No extension of trunk line utilities e.g. hydro and telephone. - Located within or adjacent to a designated built-up area. - Minimum 0.4 ha or ha or 2 acre lot size - Lot can be adequately serviced with on-site (private) water and sewage service. (see Section 3.6.4) - Location is not affected by development constraints such as a natural heritage feature, flood plain, wetland, ANSI, sensitive fish or wildlife habitat area or archaeological site. - The minimum distance separation would be respected for such matters as an agricultural use, pit or quarry, industrial use, rail corridor, waste disposal site or cemetery. - The number of severances would be restricted to 2 plus the retained lot as of the date of adoption of the plan. Certain exemptions are provided for remote seasonal or commercial development in recognizing this unique development feature of the Planning Area Goal To provide for the development of a settlement pattern which ensures orderly and manageable growth and which is compatible with the development of the area's natural and resource features Objectives 1. To encourage growth that optimizes existing public services and infrastructure. 2. To strengthen the identity and uniqueness of existing communities within the Planning Area. P November2013

69 3. To provide for development that is in keeping with the character and scale of existing lotting patterns. 4. To be sensitive to the conservation of Natural Heritage Features. 5. To ensure that development does not occur on lands having development constraints or to, where appropriate, make provision for overcoming those constraints Policies - Growth and Settlement Classification of Communities It is a policy to classify settlement areas as follows (see Schedule A1 and A1A - A1G): Built-up Communities Shoreline Communities Batchawana Bay Goulais River Havilland Bay Heyden Karalash Corners Kirby's Corners Searchmont - Wabos Montreal River Harbour Mamainse Pancake Bay Herrick (Corbett Road) Sandpoint Chippewa Falls (Whispering Pines) Jones Landing Harmony Beach Havilland - Ley - Kars (McCauley Road, Horseshoe Bay Road, Marlette Drive, Bluewater Road, Nils Bay Road, Sandbay Road, Four Seasons Drive) Fenwick - Kars (Goulais Mission Road) Pennefather (Kelly's Creek Road) Dennis (shore Drive) See Land Use Schedule for Settlement Areas and Built-up Communities Characterization of Communities It is a policy to characterize the boundaries, services and development opportunities as per Table 3.7.6(A). For the purposes of this Plan, built-up communities shall be considered to be the primary settlement areas designated for development over the long term planning horizon. It is a policy to characterize shoreline communities and the opportunities for development as set out in Table 3.7.6(B). P November2013

70 Table 3.7.6(A): Built-up Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Boundaries Community Characteristics and Services Land acant Supply GOULAIS RIER North: Highway 552 corridor from Highway 17 to Superior and lower Goulais Mission Road east of Stony Point. Lands south of wetland. South: Pine Shores Road corridor north of wetland (organic soils) from Highway 17 to Superior. East: Highway 17 corridor including lots abutting corridor on east side of highway from Pine Shores Road to Highway 552. West: Goulais River Delta Wetland Complex. Site Captain Tilley Park Goulais Public Library Cemetery Northwinds Mini Mall Government dock Fenwick Waste Management Built-up area centered on Goulais River basin, Highway 17 corridor and Superior shoreline. Development constrained by flood plain, unstable slopes, organic soils and natural heritage features. Land uses comprise a mix of residential, commercial and institutional services. lots 1-3 acres; 38 building 3 acres +; 12 blocks totalling 276 acres HEYDEN Community extends along two axes: Highway 17 and Highway 556. Along the former the community extends from the City limits of Sault Ste. Marie to just north of Beaumont Park and Gauthierville respectively. This corridor includes clusters Aweres/Heyden Fire Hall Aweres Public School and recreation area Beaumont Trailer Park Shetland Trailer Park Rupert Acres Trailer Park lots 1-3 acres; 27 building 20 x 3 ac + blocks; P June 2013

71 Table 3.7.6(A): Built-up Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Boundaries of development around Maki and Maki and Trout Roads. Community Characteristics and Services Pioneer Trailer Park Peace Tree Subdivision Land acant Supply 877 acres Along the Highway 556 corridor, the community extends from Highway 17 to the northern limit of Upper Island and includes development in and around Heyden, Lower Island, Upper Island and the lower limits of Highway 532. The Algoma Central Railway Line serves as a boundary along part of this corridor. Community consists of several clusters of development (trailer parks), inland lake waterfront residential development and highway oriented commercial development (Highway 17). Development constrained by presence of wetland areas, aggregate operations or reserves and rail corridor. KIRBY'S CORNERS Community comprises clusters and dispersed development along Highway 552 corridor from approximately Highway 17 (west boundary) to south limit of ankoughnet Township. Includes development along the Kirby, Homestead, Maple, Martha, Wiltry, Groth and Bellevue alley Roads. Substantially large lots; residential community, linear in character whose development is constrained by the Goulais River alley flood plain/corridor. lots 1-3 acres; 8 building 26 x 3 acres + blocks; 585 acres KARALASH CORNERS Community extends along Highway 17 and on Highway 17 corridor from Buttermilk Hill in the south to Havilland- Goulais Fire and Rescue Mountainview Public School and recreation area. lots 1-3 acres; 23 building P June 2013

72 Table 3.7.6(A): Built-up Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Boundaries Fenwick Township boundary in the north. GLP transmission line tends to define easterly limit. Development dispersed along Old Highway 17, Yourchuk, Moskal, Mahler, McGaughn, Pickards & Roth Roads as well as Highway 17. Community Characteristics and Services Buttermilk Alpine Ski Hill; substantially large lot residential community, linear in character with a mix of commercial uses and school. Land acant Supply 13 x 3 acres + blocks; 176 acres HAILLAND BAY Community encompasses commercial node; Highway 17 and Havilland Shores and extends from this area westerly along Havilland Bay. Generally confined by physiography and wetland area south of Havilland Shores Road. Commercial node and marina Picnic parks Havilland Waste Management Site Almost exclusively linear shoreline community along Highway 17 and Havilland Shores Drive / McCauley Road. lots acres; 3 building 7 x 3 acres blocks; 59 acres Commercial node encompasses service and tourist commercial services. Gateway community to shoreline development further west. Development constrained by sensitive natural features particularly P June 2013

73 Table 3.7.6(A): Built-up Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Boundaries Community Characteristics and Services wetlands around Stokely and Havilland Creeks and wetlands to south. Land acant Supply BATCHAWANA BAY Boundaries extend from Batchawana Provincial Park along Highway 17 corridor to Highway 563 and south along Highway 563 to approximately Corbeil Point. Large wetland areas north of Batchawana Trail Park, west of the Highway 563 corridor and west of the Carp River Road, also define limits of community. Batchawana Fire Rescue Fire Hall School and recreation area Community centres Cemetery Church Government dock Resort commercial Batchawana Waste Management Site Linear mixed resort commercial and residential community with significant seasonal character. Range of community services available. lots 1-3 acres; 10 building 3 acres + blocks; 14 blocks (233 acres) 54 small lots e.g. less than 1 acre SEARCHMONT-WABOS Community includes clustered nodes at Wabos and Searchmont, and corridor development along Highway 532 extending south to the Highway 556 junction. Searchmont Community Centre School and recreation area Searchmont olunteer Fire Station Searchmont Resort lots 1-3 acres; 6 building 3 acres +; 4 blocks = P June 2013

74 Table 3.7.6(A): Built-up Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Boundaries Community Characteristics and Services Algoma Railway Line Searchmont Waste Management Site Land acant Supply 120 acres Table 3.7.6(B): Shoreline Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Community Characteristics acant Land Supply Building Lots 1 ac Lots Less than MONTREAL RIER HARBOUR Shoreline communities are generally linear single tier mixed seasonal and permanent residential development with shoreline frontage on Superior. A greater proportion of development is seasonal, the further distant this development is from Sault Ste. Marie. Other land uses include the occasional highway or resort MAMAINSE PANCAKE BAY 7 30 HERRICK P June 2013

75 SAND POINT commercial uses particularly along the Highway CHIPPEWA FALLS 17 corridor. None have other community services except for a fire hall in Montreal River Harbour, 5 24 JONES LANDING although all have access to waste disposal sites HARMONY BAY 8 13 HAILLAND-LEY-KARS FENWICK-KARS PENNEFATHER DENNIS P June 2013

76 3.7.7 Built-up Communities Within the built-up communities, policies shall apply with respect to: 1. Residential 2. General Commercial 3. Highway Commercial 4. Resort Commercial 5. Institutional The policies with respect to these land use categories, permitted uses, development and locational criteria and implementation procedures are as set out in Table 3.7.7(A) Built-up Communities as Primary Settlement Areas It is a policy that future growth and settlement be primarily directed to the designated built-up communities Shoreline Communities Within the shoreline communities, policies shall apply with respect to: 1. Residential 2. Resort Commercial The policies with respect to these land use categories, permitted uses, development and locational criteria and implementation procedures are as set out in Table 3.7.9(A) Rural Area and Resource Townships Within the Rural Area, development may be permitted on a limited basis subject to the following criteria: 1. Single detached dwellings are permitted on existing lots of record or on lots created under the consent policies of this Plan (Section and Table A]) and shall be developed in accordance with the Development and Locational Criteria set out in Table (A) (except with respect to lot sizes per Section and A]). 2. Non-residential uses excluding those listed in Section may be permitted by rezoning where the applicant justifies that the use cannot otherwise be located in a designated Built-Up or Shoreline Community. Such uses shall be developed, where permitted, in accordance with the applicable Development and Locational Criteria set out in Table (A) and in accordance with Section and Table (A) of this Plan. P November 2013

77 Within the Resource Townships (as listed in Section ), permitted uses include resource based and resource related uses governed by Sections 5.0 (Agricultural Land Polices), 6.3 (Waste Management Systems), 7.0 (Mineral Aggregate and Mineral Policies), uses permitted under Section (Remote Development) and uses permitted under Section (Other Rural Land Uses). In addition, the policies of Section and Table (A) governing consents shall apply Consents It shall be a policy to apply the following criteria in the review of consent applications for each of the respective settlement categories of: 1. Built-up Communities 2. Shoreline Communities 3. Rural Area 4. Resource Townships For the purposes of this Plan, the Resource Townships include: Northern Townships Rix (excluding Montreal River Harbour) Peever Home Slater (excluding Montreal River Harbour) Smilsky Kincaid Nicolet Palmer Eastern Townships Archibald Marne (except Icewagon and Ogidaki ) Laerendrye Tupper Jarvis Anderson Duncan The criteria for consents is as set out in Table (A). (See also Section 3.6.4(7).) Subdivisions P November 2013

78 It is a policy to permit subdivisions as a secondary means of development using the following guidelines as a criteria: 1. Development of vacant (infill) blocks of land within designated built-up communities where it will lead to a more compact or a contiguous form of development. 2. As an alternative to multiple lot development by severance. 3. As a means to addressing specific land development issues as a prerequisite development e.g. storm drainage, lake development capacity, road construction, a terrain analysis and hydrogeological report or an assimilation capacity study, etc. 4. As a means to resolving land development concerns such as providing public access to waterbodies, facilitating the assumption of private roads by a public roads authority, validating title, consolidating small lots into larger holdings, etc. 5. Subdivisions are confined to designated built-up communities and to shoreline communities. With respect to the latter however, new subdivisions will not be permitted where a substantial inventory of vacant building lots currently exist. P November 2013

79 Table 3.7.7(A): Built-up Communities - Permitted Land Uses and Development Criteria COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation 1. RESIDENTIAL 1. a) Low density residential and accessory uses.(see also Section ) 1. a) Utilize existing lots of record and infill on vacant blocks of land within or adjacent to designated built-up community. b) Lot size and frontage must generally co-incide with that of surrounding neighbourhood with 0.4 ha (1 ac) 0.8 ha (2 ac.) as a minimum. c) Must front on and have direct access to a year round publicly maintained road (or a private road for seasonal use condominium development only per Policy ) Ensure safe access to lot. d) Must locate on existing school bus route, have access to fire protection and not require extension of trunk utility e.g. hydro, telephone. Can be adequately serviced by utilities. Preference to be given to frontage on an existing road. e) Lot must meet requirements for individual on-site sewage and water services. f) Locate where not affected or can overcome development constraints e.g. natural heritage feature; resource management, archaeological resource. g) Comply with applicable separation distances per Policy a) Zone to permit singles and two-unit dwellings and group homes. Local commercial uses to be separately zoned. Garden suites to be zoned as temporary use. b) erify compliance with policy requirements including EIS where applicable. c) Require compliance with minimum separation distances per Policy Formatted: Font: Strikethrough Formatted: Font: Strikethrough 1. RESIDENTIAL b) Mobile Home Parks h) In addition to 1(a) to (d), (f) & (g), compliance with Policy for sewage and water services is required for mobile home parks. P November 2013

80 Table 3.7.7(A): Built-up Communities - Permitted Land Uses and Development Criteria COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation c) Accessory uses (see also Section ) d) Local Commercial I) See policies for accessory uses - Section and j) Local commercial uses restricted to uses serving immediate neighbourhood such as a convenience store, dry cleaners, video rental or similar uses. 2. GENERAL COMMERCIAL 2. a) Retail, personal and service commercial uses which are appropriate to the needs and scale of the communities they serve. b) Accessory uses including accessory residential accommodation (see also Section ) c) Shopping centres or large retail or warehousing outlets are not permitted. 2. a) Cluster uses together wherever feasible. Avoid land use conflicts. Encourage or require buffering. b) Locate on lots appropriately sized for intended use e.g. new use or expansion of existing use. c) Must front on and have direct access to a year round publicly maintained road. Ensure safe access point(s). d) Direct larger commercial uses e.g. shopping centres to adjacent municipalities. e) Comply with Policy for on-site services. f) Comply with Column 3-1(f) above. g) Require off-street parking and loading. h) Locate where separation distances or buffering from adjacent residential uses adequate. (Policy ) 2. a) Establish range of uses in Zoning By-law and Zoning Standards. b) erify compliance with policy requirements including EIS and separation distances where required. (Policy ) 3. HIGHWAY COMMERCIAL 3. a) Permit uses economically dependent on the travelling public or substantial traffic flows, or are important to tourism the management or use of resources and 3. a) Locate adjacent to provincial highways. Encourage entrances via secondary roads, shared access points or service roads. Access signage and setbacks subject to provincial controls. Ensure safe access point(s). b) Must front on and have direct access to a public 3. a) Establish range of uses in Zoning By-law and Zoning Standards. b) Require submission of site plan. c) erify compliance with Formatted: Font: Strikethrough P November 2013

81 Table 3.7.7(A): Built-up Communities - Permitted Land Uses and Development Criteria COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation resource-based recreational activities. Such uses would be located adjacent to Provincial Highways. b) Accessory uses including accessory residential accommodation (see also Section ) road, maintained year round or seasonally. c) Lot size must be appropriate for intended use (new or expansion) and comply with on-site servicing requirements per Policy d) Locate where not affected or can overcome development constraints e.g. Natural Heritage Feature, resource management, archaeological resource. e) Require off-street parking & loading & regulate outdoor storage. f) Locate where separation distances or buffering from adjacent residential uses adequate. (Policy ) policy requirements including Environmental Impact Studies where applicable. 4. RESORT COMMERCIAL 4. a) Permitted uses include goods and services which are provided to the vacationing public, which are recreation or leisure oriented and whose location is use specific. b) Accessory uses including residential accommodation (see also Section ) 4. a) Locate and site where advantage can be taken of topography, tree cover, scenic vistas and other natural amenities. Conserve natural environment wherever feasible. b) Preferred access is on a year round publicly maintained road. For Rural Area and Resource Townships, remote locations with water, rail, private road access or fly-in access also permitted where marketing evidence can substantiate application & rationale for remote location. c) Lot size must be appropriate for intended use (new or expansion) and comply with on-site servicing requirements per Policy d) Locate where not affected or can overcome development constraints e.g. natural heritage 4. a) Establish range of uses in Zoning By-law and Zoning Standards. b) erify compliance with policy requirements including Environmental Impact Studies where applicable. P November 2013

82 Table 3.7.7(A): Built-up Communities - Permitted Land Uses and Development Criteria COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation features, resource management, archaeological resource. e) Require appropriate arrangements for support services e.g. on-site parking with road access or remote (off-site) parking for rail, water or fly-in access sites. f) Require separation distances for adjacent residential uses. (Policy ) 5. INSTITUTIONAL 5. a) Permitted uses include: - schools - community centres - religious institutions - daycare facilities - cemeteries - libraries - public buildings - parks and playground facilities - fire hall - public recreational facilities 5. a) Permit facilities scaled to use and needs of Planning Area. Larger scale institutional facilities e.g. hospitals, health care facilities, postsecondary education facilities to be directed to adjacent municipalities. Facilitate delivery of institutional services through co-operation and co-ordination with service delivery agencies e.g. Algoma District Health Council, City of Sault Ste. Marie, Algoma Public Health Unit, etc. b) Locate centrally to service area of users. c) Cluster institutional uses where feasible. Facilitate multiple use of facilities as alternative to building new facilities. d) Lot size must be appropriate for intended use (new or expansion) and comply with on-site servicing requirements per Policy e) Recycle, rehabilitate or reuse public buildings for 5. a) Establish range of uses in Zoning By-law and Zoning Standards. b) erify compliance with policy requirements including Environmental Impact Studies where applicable. c) Consult with public bodies on needs for new facilities and options for reuse of existing facilities. P November 2013

83 Table 3.7.7(A): Built-up Communities - Permitted Land Uses and Development Criteria COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation public uses as preference to non-institutional use. f) Require adequate off-street parking, access, buffering and separation distances from adjacent residential uses. g) Locate where not affected by or can overcome development constraints e.g. natural heritage features, resource management, archaeological resource. h) Require separation distances for adjacent residential uses. (Policy ) Table 3.7.9(A): Permitted Land Uses and Development Criteria - Shoreline Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation 1. RESIDENTIAL 1. a) Single unit dwellings, seasonal dwellings, group homes b) local commercial c) accessory uses including: - home based businesses - bed & breakfast - garden suite (see also Section ) 1. a) Utilize existing lots of record and infill on vacant blocks of land. Consolidate small lots to create minimum of 0.5 ha (1.2 ac.) building lots. b) Lot size and frontage must generally coincide with that of surrounding neighbourhood with 0.4 ha (1 ac) (0.8 ha 2. ac.]) as a minimum. c) Must front on and have direct access to 1. a) Zoning to separately distinguish dwelling types e.g. singles and seasonal, local commercial uses. Garden suites to be zoned as temporary use. b) Require compliance with minimum distance separation per Policy P November 2013

84 Table 3.7.9(A): Permitted Land Uses and Development Criteria - Shoreline Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation a year round publicly maintained road except for a condominium. If exclusively seasonal residential, seasonally maintained public or private road acceptable per Policy Formatted: Font: Strikethrough d) New development and cottage conversions must locate on existing school bus route, have access to fire protection and not require extension of trunk utility. 1. RESIDENTIAL e) Backshore development not permitted. Formatted: Font: Strikethrough f) Lot must meet requirements for onsite sewage and water services. g) Locate where not affected or can overcome development constraints e.g. natural heritage features, resource management, archaeological resource. h) Comply with applicable separation distances per Policy Local commercial uses restricted to uses serving immediate neighbourhood such as a P November 2013

85 Table 3.7.9(A): Permitted Land Uses and Development Criteria - Shoreline Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation convenience store, dry cleaners, video rental or similar uses. 2. RESORT COMMERCIAL 2. a) Permitted uses include: - golf courses - campgrounds and recreation camps - tourist lodges, recreational resorts & accommodation, services & facilities - marinas & marine establishments - resort commercial related retail, personal service, storage & restaurant facilities - recreational vehicle equipment sales, service, storage. Accessory uses including residential accommodation (see also Section ) 2. a) Locate and site where advantage can be taken of topography, tree cover, scenic vistas and other natural amenities. Conserve natural environment wherever feasible. b) Preferred access is on a year round publicly maintained road. Remote locations with water, rail, private road access or fly-in access also permitted where marketing evidence can substantiate application & rationale for remote location. c) Lot size must be appropriate for intended use (new or expansion) and comply with on-site servicing requirements per Policy d) Locate where not affected or can overcome development constraints e.g. natural heritage features, resource management, archaeological resource. e) Require appropriate arrangements for support services e.g. on-site parking with road access or remote (off-site) parking for rail, water or fly-in access sites. f) Require separation distances for 2. a) Establish range of uses in Zoning Bylaw and Zoning Standards. P November 2013

86 Table 3.7.9(A): Permitted Land Uses and Development Criteria - Shoreline Communities COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Land Use Category Permitted Uses Development and Locational Criteria Implementation adjacent residential uses. Table (A): Consents COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Criterion Built-up Communities Shoreline Communities Rural Areas Resource Townships 1.MINIMUM LOT SIZE AND FRONTAGE 1. a) Residential 0.4 ha (1 ac) 0.8 ha (2 ac.) or average of each of lot area and lot frontage within surrounding 500 m radius whichever is greater. b) Non-residential In compliance with zoning standard. 1. a) Residential 0.4 ha (1 ac) 0.8 ha (2 ac.) or average of each of lot area and lot frontage within surrounding 500 m radius whichever is greater. b) Non-residential In compliance with zoning standard. 1. a) Residential 2 ha (4.9 ac) 0.8 ha (2 ac.) or average of each of lot area and lot frontage within surrounding 500 m radius whichever is greater. b) Non-residential In compliance with zoning standard. In compliance with Zoning Standard 2. a)number OF SEERANCES b)exemptions 2. a) Maximum of two per lot plus retained lot as of date of adoption of this plan. b) - to correct lot boundaries 2. a) Maximum of two per lot plus retained lot as of date of adoption of this plan. b) - to correct lot boundaries - to separate existing 2. a) Maximum of two per lot plus retained lot as of date of adoption of this plan. b) to correct lot boundaries N/A b) - to connect lot boundaries P November 2013

87 Table (A): Consents COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Criterion Built-up Communities Shoreline Communities Rural Areas Resource Townships - to separate existing buildings or structures in existence at the date of approval of this plan on public road only - to dispose of a surplus dwelling or non-residential building - to clarify title to the land - to permit a lot addition if no additional lot created - to permit an easement - to permit a government use buildings or structures in existence at the date of approval of this plan on public road only - to dispose of a surplus dwelling or nonresidential building - to clarify title to the land - to permit a lot addition if no additional lot created - to permit an easement - to permit a government use - to separate existing buildings or structures in existence at the date of approval of this plan on public road only - to dispose of a surplus dwelling or non-residential building - to clarify title to the land - to permit a lot addition if no additional lot created - to permit an easement - to permit a government use - to separate existing buildings or structures in existence at the date of approval of this plan on public road only - to dispose of a surplus dwelling or non-residential building - to clarify title to the land - to permit a lot addition if no additional lot created - to permit an easement - to permit a government use 3.ACCESS 3. a) Frontage on year round publicly maintained road for year round uses. 3. a) Frontage on year round publicly maintained road for year round uses. 3. a) Frontage on year round publicly maintained road for year round uses. Frontage on public or Resource Access Road. b) Frontage on a private road for seasonal condominium use per b) Frontage on a private road for seasonal use Formatted: Font: Strikethrough P November 2013

88 Table (A): Consents COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Criterion Built-up Communities Shoreline Communities Rural Areas Resource Townships Policy c) Water access only uses where proof of long term parking, public access and docking facilities provided. per Policy ACCESS 3. b) Severances may be permitted on provincial highway 17 as follows: - where there is an amalgamation of entrances that reduces the 3. b) Severances may be permitted on provincial highway 17 as follows: - where there is an amalgamation of entrances 3. b) Severances may be permitted on provincial highway 17 as follows: - where there is an amalgamation of entrances 3. b) Severances may be permitted on provincial highway 17 as follows: - where there is an number of entrances or at most that reduces the number of that reduces the number of amalgamation of entrances maintains the same number of entrances or at most maintains entrances or at most that reduces the number of entrances the same number of entrances maintains the same number entrances or at most - minimum frontage for new - minimum frontage of entrances maintains the same severance is 400m (1/4 mile) for new severance is 400m - minimum frontage for new number of entrances - where function or safety of (1/4 mile) severance is 400m (1/4 - minimum frontage for new highway is not compromised - where function or mile) severance is 400m (1/4 - where other access safety of highway is not - where function or safety of mile) controls of MTO are met new entrances may be permitted where the owner has a minimum frontage of 400 m prior to severing and, where MTO safety and compromised - where other access controls of MTO are met new entrances may be permitted where the owner has a minimum frontage of 400 m prior to highway is not compromised - where other access controls of MTO are met new entrances may be permitted where the owner has a minimum frontage - where function or safety of highway is not compromised - where other access controls of MTO are met new entrances may be permitted where the owner has a P November 2013

89 operation requirements can be met common entrances may be permitted where the owner has a minimum frontage of 200 m prior to severing and, where MTO safety and operational requirements can be met severing and, where MTO safety and operation requirements can be met common entrances may be permitted where the owner has a minimum frontage of 200 m prior to severing and, where MTO safety and operational requirements can be met of 400 m prior to severing and, where MTO safety and operation requirements can be met common entrances may be permitted where the owner has a minimum frontage of 200 m prior to severing and, where MTO safety and operational requirements can be met minimum frontage of 400 m prior to severing and, where MTO safety and operation requirements can be met common entrances may be permitted where the owner has a minimum frontage of 200 m prior to severing and, where MTO safety and operational requirements can be met 3.ACCESS 3. c) Severances may be permitted on 500 series provincial highways: - where average spacing of entrances following a severance will exceed 150 m (500 ft) - entrances are amalgamated - minimum frontage is 150m (500 ft) MTO safety and operational requirements can be met 3. c) Severances may be permitted on 500 series provincial highways: - where average spacing of entrances following a severance will exceed 150 m (500 ft) - entrances are amalgamated - minimum frontage is 150m (500 ft) MTO safety and operational 3. c) Severances may be permitted on 500 series provincial highways: - where average spacing of entrances following a severance will exceed 150 m (500 ft) - entrances are amalgamated - minimum frontage is 150m (500 ft) MTO safety and operational requirements can be 3. c) Severances may be permitted on 500 series provincial highways: - where average spacing of entrances following a severance will exceed 150 m (500 ft) - entrances are amalgamated - minimum frontage is 150m P November 2013

90 requirements can be met met (500 ft) MTO safety and operational requirements can be met 4.ON-SITE SERICES Policy applies. Policy applies. Policy applies. Policy applies. 5.OTHER SERICES &DEELOPMENT CRITERIA Section & Table 3.7.7(A) apply. Section & Table 3.7.9(A) apply. 5. a) Residential located on existing school bus route b) All uses except remote locations access to fire protection no extension to utilities required 6.ROAD EXTENSIONS Will not be approved unless road will be assumed by a public body e.g. Local Roads Board Will not be approved unless road will be assumed by a public body e.g. Local Roads Board Will not be approved unless road will be assumed by a public body e.g. Local Roads Board N/A 7. ENIRONMENTAL IMPACT STUDY To be completed, where required, prior to granting consent. To be completed, where required, prior to granting consent. To be completed, where required, prior to granting consent. To be completed, where required, prior to granting consent. 8.ZONING Must comply with prevailing zoning standard prior to final approval. Must comply with prevailing zoning standard prior to final approval. Must comply with prevailing zoning standard prior to final approval. Must comply with prevailing zoning standard prior to final approval. 9.SURFACE & SUB-SURFACE RIGHTS Applicants without both surface and sub-surface rights must obtain clearance from owner of Applicants without both surface and sub-surface rights must obtain clearance from owner of Applicants without both surface and sub-surface rights must obtain clearance from owner of Applicants without both surface and sub-surface rights must obtain clearance P November 2013

91 other rights as a condition of filing an application. other rights as a condition of filing an application. other rights as a condition of filing an application. from owner of other rights as a condition of filing an application. 10.SUBDIISION AS ALTERNATIE Applicant must demonstrate that a subdivision is not a suitable alternative per Policy Applicant must demonstrate that a subdivision is not a suitable alternative per Policy Subdivisions are not permitted. Subdivisions are not permitted. P November 2013

92 Accessory Uses It is a policy to permit accessory uses wherever they are normally incidental, accessory or essential to principal uses. This may include a garden suite, a sleep camp for a seasonal residential use, utility and storage buildings for residential and non-residential uses. The following specific policies apply to certain types of accessory uses: 1. Bed and Breakfast It shall be a policy to permit a bed and breakfast use within a permanent single detached dwelling provided that the physical character of the dwelling is not substantially altered. The single detached dwelling must clearly be the principle use of the land and the bed and breakfast clearly an accessory use to the dwelling. A bed and breakfast establishment shall be defined as a single detached dwelling in which guest bedrooms are provided for gain as temporary accommodation on a daily basis. The local health unit shall be consulted when a new bed and breakfast establishment is proposed and, if required, approval of this agency shall be first obtained before a bed and breakfast establishment begins operating. The implementing Zoning By-law shall define a bed and breakfast use and the appropriate zone provisions. 2. Garden Suites It is a policy to provide opportunities for garden suites on an as-needs basis. This may be achieved through the installation of a temporary detached housekeeping unit on the same lot as the principal single detached dwelling. In substantiating the need for a garden suite, the proponent shall: a) demonstrate that the lot is sufficiently large to accommodate development on private services. This shall be subject to verification by the public body having jurisdiction' b) demonstrate compliance with applicable zoning standards for lot size, setbacks and parking; c) not install a second septic tank to service the garden suite; d) not construct a garden suite whose floor area is greater than the floor area of the main dwelling or exceeds 65 m² (699.7 ft. 2 ); e) not use a second driveway or a second hydro service to service the garden suite. P November 2013

93 3. Sleep Cabin A sleep cabin or guest cabin is the only permitted habitable accessory use to a seasonal residential use provided it does not include any cooking facility or sanitary facilities. 4. Residential Development for Non-Residential Land Uses It is a policy to permit accessory residential development which is in keeping with the character and scale of non-residential uses. More particularly, a residential dwelling may be permitted for occupancy by the owner or operator of a highway commercial or resort commercial use on the same property as the principal use. Larger scale condominium, time share or multiple residential development may be permitted in association with a major resort commercial project where it is clearly demonstrated by the proponent that it is essential to the economic viability of the resort use and where the provisions for on-site servicing can be met. In particular, communal servicing where proposed, will be the exclusive responsibility of the owner of the development. (See also Section ) Remote Development It is a policy to recognize certain specific land uses which are part of the rural landscape. These uses are characterised as self-sustaining and are not dependent on services provided by public authorities. It is a policy to permit such uses in undeveloped, remote or generally inaccessible areas within the Planning Area on a limited basis. Such uses include trappers' cabin associated with a registered trap line, a hunt camp or a remote recreational dwelling. A hunt camp or remote recreational dwelling may be permitted under a leasehold arrangement with the Crown or as a single use on patented land provided appropriate arrangements are made for on-site servicing per Section Other Rural Land Uses It is a policy of the Planning Board that other land uses which form part of the natural physical environment be recognized as part of the make-up of the Planning Area. The policies and provisions for these uses are listed as follows: P November 2013

94 1. It is the policy of the Planning Board to recognize the importance of forests as a renewable and sustainable resource within the Planning Area. This includes recognition of commercial timber operators licensed by the Ministry of Natural Resources and private property owners for the management of the forestry resource as well as to recognize associated activities. On land falling under Crown Forest Sustainability Act agreements, forestry management and wood production activities shall be permitted and encouraged. The Planning Board will encourage activities on private lands which enhance or are compatible with sound and sustainable forest resource management e.g. wildlife habitat improvement or ecosystem improvement and the active or passive use of forested areas for recreational activities such as cross-country skiing, picnicking and other recreational facilities. 2. In recognizing the importance of the forest resource within the Planning Area, it is a policy to both support and help coordinate the application of forest resource management techniques to ensure compatibility with harvesting, renewal and maintenance operations with other resource attributes, particularly wildlife and fish habitat. The Ministry of Natural Resources has adopted operational prescriptions for Areas of Concern to minimize the impact of operations or enhance the management of values. Such values may include fish habitat or spawning areas, aquatic feeding areas for moose, moose corridors, moose and deer yards, nests for herons, osprey, eagles and hawks, canoe routes, wetlands, recreational trails as well as specific land use developments, e.g. a trap camp, remote tourism watch or outpost and wetlands. The operational prescriptions establish setbacks and other conditions as set out in Appendix 1 which are intended to allow timber management objectives to be achieved without undue impact on the particular values identified. It is the intent of this Plan to recognize those values which are part of the Areas of Concern and to incorporate them as part of the GIS data base. 3. Conservation Uses It is a policy to permit conservation uses which may include any activity which is designed to enhance or improve ecosystems within the Planning Area. Programs for wildlife management are encouraged as well as activities related to wildlife and conservation interpretation. 4. Kennels As this use has the potential to create land use conflicts with adjacent uses, it is the policy of the Planning Board to require an amendment to P November 2013

95 the Zoning By-law to control the location of kennels. The Zoning Bylaw may establish a minimum separation distance between a kennel and any adjacent land use which may be sensitive. 5. Industrial Uses It is a policy to permit industrial uses which are resource-related. These include industries related to forestry, mineral aggregate extraction, mining, agriculture and commercial fishing. Non-resource related uses shall be directed to adjacent municipalities. In developing or expanding industrial uses the following criteria shall be taken into consideration: a) Location The location of new uses or expansion of existing uses shall be sensitive to existing residential and other uses to avoid potential land use conflicts. Resource-related industrial uses shall be located a sufficient distance from any existing development with which they may be incompatible (see also Section ). In addition, only uses which have no adverse effects on adjoining residential uses as a result of the emission of noise, smoke, odour or effluent discharges will be permitted. Ministry of the Environment D-1 and D-6 guidelines will be used in determining land use compatibility. b) In locating new resource-related industrial uses, it is the intent of the Planning Board to avoid locations which may interfere with the conservation of the natural resource base. Where industrial uses are located on the land base for the resource use with which they are related, the Planning Board will encourage such uses to be located on a less productive area of that land base. c) Servicing Wet industries, or industries requiring large quantities of water as part of their operations shall not be permitted (see also Section 3.6.4). d) Prior to any amendment to the Zoning By-law to permit a resource-related industrial use, The Planning Board will require an Certificate of ApprovalEnvironmental Compliance Approval or similar evidence that the industry complies with all applicable environmental standards or regulations of the public body having jurisdiction as per Section of this Plan. P November 2013

96 e) Zoning New rural industrial uses shall require an amendment to the Zoning By-law. Lot sizes shall be adequate for the intended use including any requirements for servicing, access, and separation distances from any adjacent residential use Implementation Measures to achieve policies of the Planning Board are as follows: 1. Applicants for development shall submit a complete application as required under the Planning Act. Information in support of the application with respect to individual on-site (private) water and sewage services shall be as set out under Section of this Plan. Planning Board will require other information as may be required to determine compliance with the policies of this section including for example: EIS Development Study Minimum Distance Separation calculations Surrounding land uses, average lot areas and lot frontages Status of utilities (hydro, telephone) Site plan showing layout and details of development, setbacks, drainage and landscaping Concurrence of Local Roads Boards/Statute Labour Board for road maintenance and/or assumption Record of past consent activity of property or holding 2. Planning Board may circulate to those public bodies who are deemed to have an interest in the application or development proposal. 3. Applicants for development which do not have title to both the surface and sub-surface rights, will be required to obtain clearance from the owner of the other rights and shall submit such proof in writing to Planning Board. 4. Appropriate zones and zone standards will be incorporated into a Zoning By-law for the respective land uses governed by this Section. 5. Information provided as part of the development review process will be incorporated into the GIS data base. Additions to the Geographic Information Base that will result in changes to land use P November 2013

97 characteristics, policies or the Land Use Schedules will however, require an amendment to this Plan. 6. Development activity with respect to new consent applications and development on existing lots of records will be incorporated into the GIS data base. Formatted: Indent: Left: 2.54 cm, Hanging: 1.27 cm P November 2013

98 3.8 ACCESS TO PUBLIC LAND AND WATERBODIES Introduction A substantial part of the Planning Area borders on water be it Superior or in-land lakes and water bodies. As indicated in this Plan, substantial areas of the shoreline are stripped with residential development. While this ensures direct water access for those property owners that have abutting land, this does not provide any assurance of access by the general public nor for any back shore property owners. Within the Planning Area, there are various means of public access to water bodies including: Provincial parks, Conservation Areas and Enhanced Management Areas Government docks and boat launches; Batchawana Bay, Goulais River, which are maintained by the Federal Government Harmony Bay boat launch Blocks of land within subdivisions Shoreline road allowances Crown land adjacent to water bodies Aside from the Crown land category, public access within the Planning Area is relatively limited. An associated concern with public access, or the lack of it is backshore development which may otherwise lead to unauthorized trespass to gain access to waterbodies Goal To maintain or provide reasonable access to public land and waterbodies Objectives 1. To provide for the protection of existing points of access. 2. To encourage public bodies to assume responsibility for the provision and maintenance of public access Policies - Access to Public Land and Waterbodies 1. It is a policy to recognize and protect existing points of access to waterbodies within the Planning Area and to protect access to public lands. P November 2013

99 2. It is a policy to require the conveyance or dedication of land or monies which may be directed towards the acquisition and/or maintenance of public access points Implementation Measures to achieve policies of the Planning Board are as follows: 1. Planning Board will encourage Local Services Boards to assume responsibility for the maintenance and upkeep of public access points and facilities associated with public lands and waterbodies. 2. Planning Board may require the conveyance of land or cash-in-lieu to acquire and/or maintain public access points. 3. Planning Board will consult with senior levels of government in the provision of new or maintenance of existing points of public access. 3.9 LANDSCAPES, ISTAS AND RIDGE-LINES Introduction Some of the most dynamic scenery in Ontario is located within the Planning Area, most notably the Superior shoreline and the rugged landscapes inland from the Montreal River Harbour (Algoma Highlands). Notable vistas and landscapes include: River valleys e.g. Montreal River, Goulais River, Batchawana River, Chippewa River, Icewagon Creek. Summits or high points of elevation e.g. King Mountain, Searchmont. Land forms that are distinctive e.g. mouth of the Goulais River, North Sandy Island, Batchawana Island. No specific inventory has been undertaken of landscapes, vistas or ridge lines nor an assessment of the importance of these resources to the community at large. Consideration may be given to certain selection criteria in the identification of the features that might be impacted by future development. These include: The importance of the landscape, vista or ridge-line, and the view of the resource, held by the local community, visitors, and the general public. P November 2013

100 The association of the resource to important cultural beliefs, spiritual places, historical events, or symbolic images which help to define the community's identity. The importance of the resource and accessible views of the resource to factors such as tourism and recreation development or promotion. The significance or importance of the feature to the character of the Sault Ste. Marie North Planning Area. Protection of shoreline vistas particularly on Superior for potential backshore development Goal To conserve significant landscapes, vistas and ridge-lines Objectives 1. To protect landscapes which provide important visual landmarks for defining a community. 2. To protect distinct ridge-lines as characterised by vegetation patterns, features such as hills and escarpments. 3. To protect scenic vistas Policies - Landscapes, istas and Ridge-Lines 1. This is a policy to protect significant landscapes, vistas and ridge-lines which from time-to-time may be determined in consultation with the community as an important amenity or asset to its identity. Consideration will be given to the following criteria in assessing development applications and settlement patterns: Signage along provincial highways (except signs which have valid permits from MTO) which may deter from the visual impact of natural landscapes, vistas and ridge-lines. The height of buildings or structures which may otherwise obscure the vistas of adjacent existing land uses. The impact of shoreline development on the profile created by vegetative communities or patterns. P November 2013

101 3.9.5 Implementation Development which is insensitive to the protection of areas of natural and scientific interest (ANSIs). Measures to achieve policies of the Planning Board are as follows: 1. Planning Board will work with the community over time to identify and develop an inventory of significant landscapes, vistas and ridgelines. These will be incorporated into the GIS data base. 2. Planning Board may require as part of the submission of a planning application, a photo mosaic or photographs designed to show the potential visual impact of development on the property to be developed as well as surrounding lands. 3. Planning Board will incorporate in the Zoning By-law, height restrictions which provide protection to existing vistas. The Zoning By-law may also include controls with respect to signage along highway corridors CULTURAL HERITAGE, LANDSCAPES, BUILT HERITAGE RESOURCES AND ARCHAEOLOGICAL RESOURCES Introduction According to the Ministry of Citizenship, Culture and Recreation, there are only three provincially registered archaeological sites in the Planning Area. These sites are located at the mouth of the Montreal River and the Mamainse area and represent sites that have been previously investigated by licensed archaeologists. These do not represent other potential areas and the possibility that other heritage/archaeological features do exist in this region, particularly those features created by settlement patterns of our Aboriginal communities located within a corridor approximately 10 miles inland from the shoreline of Superior. The Planning Board recognizes that there are archaeological remains or prehistoric and historic habitation, and areas containing archaeological potential within the Planning Area. An inventory of locally significant cultural heritage resources has not been undertaken by the Planning Board but may be undertaken over time in consultation with the Ministry, Community Groups and Aboriginal Communities. In the interim of establishing an inventory, Planning Board P November 2013

102 should undertake to consult with interested parties as part of the development review process Goal To conserve identified significant cultural heritage landscapes and built heritage resources and sites containing significant archaeological resources Objectives 1. To establish an inventory of cultural heritage, landscapes, built heritage resources and archaeological resources. 2. To develop an awareness and encourage the community's participation and identification of heritage resources Policies - Cultural Heritage, Landscapes, Built Heritage Resources and Archaeological Resources 1. In recognition of the importance of cultural heritage, landscapes, built heritage resources and archaeological resources, it is a policy to encourage and provide for the identification, restoration, protection, maintenance and enhancement of these resources. All new development permitted by the land use policies of this Plan shall have regard for consider such resources and shall, wherever possible, incorporate measures for their conservation. 2. It is a policy of this Plan to recognize and conserve the Goulais Cemetery and Batchawana Cemetery as heritage sites. 3. It is a policy to identify areas having medium or high potential for archaeological resources within the Plan by amending the Plan to identify or incorporate a specific GIS layer for archaeological resources. Additions to the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will, however, require an amendment to this Plan. 4. In the interim of establishing areas of medium or high potential, it is a policy to consult with the Ministry of Citizenship, Tourism Culture and Sport and Recreation and where archaeological resources may be identified, the following standard archaeological condition shall be adhered to: Formatted: Not Strikethrough P November 2013

103 The proponent shall carry out an archaeological assessment of the subject property and mitigate, through in-situ preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Citizenship, Tourism, Culture and Sport and Recreation to the approval authority indicating that all archaeological resource concerns have met licensing and resource conservation requirements. Archaeological assessments shall be undertaken by a licensed archaeologist subject to the requirements of the Ontario Heritage Act and the protocols of the Ministry of Tourism and Culture. 5. Where, through development, a site is identified to contain an unmarked burial site or new archaeological features, the Planning Board shall contact the Ministry of Tourism, Culture and Sport, the Ministry of Small Business and Consumer Services - Cemeteries Regulation Unit and the OPP shall also be contacted with respect to the discovery of burial sites and unmarked cemeteries and matters related to the Cemeteries Act. Aboriginal communities will also be contacted and/or consulted, where appropriate. 6. Development and Site Alteration Development and site alteration including any public work, private development, consent or zoning by-law amendment shall not be permitted on lands adjacent to a protected cultural heritage feature or property unless impacts on the cultural heritage feature have been evaluated (i.e. heritage impact statement) by a qualified professional and provisions are made which demonstrate that the heritage attributes of the property will be protected. 7. Planning Board recognizes that there may be archaeological remains underneath the waterways of the Planning Area, notably the waters of Superior. These marine archaeological resources may include the remains of boats, vessels, and artefacts from the contents of boats, or belongings from travellers (e.g., weapons or tools). Marine archaeological resources may include remains which are or were at one time submerged under water. When considering applications for waterfront development in the Planning Area, it shall be the policy of Planning Board that marine archaeological resources in the water, within the Planning area, are not adversely affected. When deemed necessary, Planning Board shall require an Archaeological Impact Assessment conducted by a licensed marine archaeologist and satisfactory measures to mitigate any negative impacts on cultural heritage or archaeological resources shall be undertaken. The Planning Board will consult with the Ministry of Tourism, Culture and Formatted: Indent: Hanging: 1.31 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic P November 2013

104 Sport and Aboriginal peoples to determine the requirement for archaeological assessments for development applications that may impact archaeological resources either above or beneath the surface of the Planning Area s water bodies Formatted: Font: Not Italic Implementation Measures to achieve policies of the Planning Board are as follows: 1. Planning Board will encourage the establishment of a Local Architectural Conservation Advisory Committee (LACAC) Heritage Committee subject to the enabling authority of the Ontario Heritage Act. 2. Planning Board will consult with the Ministry of Citizenship, Tourism, Culture, and Sport and Recreation as part of the development review process. 3. Planning Board will incorporate a specific GIS layer into the Plan for the identification of cultural heritage, landscapes, built heritage resources and archaeological resources and areas of medium and high archaeological potential. More particularly, Planning Board will amend the Plan to introduce further policies which may arise from this identification. 4. Planning Board will consult with the community and the First Nation groups Aboriginal communities in the review of development applications with respect to heritage resources TRANSPORTATION AND INFRASTRUCTURE CORRIDORS Introduction Transportation and infrastructure corridors may comprise several features: Highways. Major pathway or trail systems. Abandoned railway lines which have been declared surplus, and any operating railway lines which are not under the jurisdiction of the Railway Act. Major sewage and water trunks. Rail based transit lines. Pipelines for the transmission of oil, gas and other materials. Major lines or underground facilities for the transmission of electric power or communications. P November 2013

105 Goal Within the Planning Area, there are a number of existing corridors which are significant and warrant protection. These include: Great s Power transmission corridor which extends north/south from Montreal Falls to the City of Sault Ste. Marie, another line that extends from Montreal Falls to Montreal Harbour. The Wisconsin Algoma Central Railway Line which serves as a tourism and transportation line extending from Sault Ste. Marie north through the Planning Area. This line is the host of the Agawa Canyon Tour Train and provides access to remote cottaging sites within the Planning Area. Snowmobile corridors operated by the Sault Trail Blazers in conjunction with the Ontario Federation of Snowmobile Clubs. Highway 17, TransCanada Highway, which provides the major transportation linkage through the Planning Area from the City of Sault Ste. Marie north following the Superior shoreline to Montreal River Harbour. There are no known other significant corridors within the Planning Area. To protect the integrity of transportation and infrastructure corridors within the Planning Area Objectives 1. To identify significant transportation and infrastructure corridors. 2. To identify and provide for the protection of utilities and public uses Policies - Transportation and Infrastructure Corridors 1. It is a policy to recognize within the Plan, the following transportation and infrastructure corridors: Great s Power Transmission Corridor; Montreal Falls to the City of Sault Ste. Marie and Montreal Falls to Montreal Harbour Wisconsin Algoma Central Railway Line Snowmobile corridors P November 2013

106 oyageur Trail Highway It is a policy to preclude development which interrupts or unduly interferes with the integrity of the identified transportation and infrastructure corridors Public Utilities and Electric Power Facilities It is a policy to recognize public utilities and electric power facilities as an integral part of the land use pattern within the Planning Area. The development of electric power facilities shall occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power. It is a policy of this Plan that electric power facilities are permitted in all areas within the Planning Area without an amendment to this Plan provided that the planning of all such facilities is carried out having regard to the other policies of this Plan and other relevant Provincial and Federal legislation. Great s Power Ltd and, where applicable, Ontario Hydro One Networks shall however, consult with the Planning Board on the location of any new electric power facilities Rail Line Abandonment In the event of rail line abandonment within the Planning Area, it is the policy to encourage or facilitate the protection of the integrity of the line from interruption and conversion to alternative public uses most particularly a recreational trail Implementation Measures to achieve policies of the Planning Board are as follows: 1. In the review of development applications, Planning Board will ensure that development will not negatively impact on the protection or function of any of the identified transportation and infrastructure corridors or public utilities and electric power facilities within the Planning Area. 2. Planning Board will consult with affected public bodies and other interested parties in the review of development applications where transportation and infrastructure corridors may be affected. P November 2013

107 3.12 LAND USE COMPATIBILITY Introduction There are a few features within the Planning Area wherein land use incompatibility could occur if minimum distance separations are not respected. These include: Wisconsin Algoma Central Railway Line (Algoma) setbacks should be determined through noise and vibration studies. Highway 17 setbacks must be in compliance with Ministry of Transportation requirements. and should be determined through Noise and vibration studies may also be required in establishing appropriate setbacks. Waste Management Facilities of which there are 5 two active sites in the Planning Area including (Fenwick, Havilland, Searchmont, Batchawana and Montreal River). Sensitive land uses which should not be permitted adjacent to landfill sites currently in operation include: - a permanent structure used in animal husbandry; - agricultural land used for pasturing livestock; - a permanent structure where a person sleeps or a person is present on a full time basis but not including food or motor vehicle service facilities adjacent to a highway, utility operations, scrap yards, heavy industrial uses, gravel pits, quarries, mining or forestry activities; - cemeteries. In terms of operating sites, no land use may take place within 30 m (98.4 ft.) of the perimeter of a licensed fill area. Each operating landfill site shall have an on-site operational/maintenance buffer area identified on the Certificate of ApprovalEnvironmental Compliance Approval. This buffer shall be no less than 30 m (98.4 ft.) and is normally 60 to 100 m (196.8 ft ft.). Land uses within 500 m (1,640 ft.) of the perimeter of a fill area should be the fill area of any active or closed waste management facility are considered as being in an influence area. In considering development within the adjacent lands, influence area, the impact on any adverse effects or risks to health and safety must be evaluated by a proponent qualified professional and any necessary remedial P November 2013

108 measures that need be taken must be addressed. This assessment shall be based on the nature and knowledge of the disposal site, waste management facility and the nature of the land use(s) proposed. Beyond the 500 m (1,640 ft.), the potential for an impact exists such that consultation with Ministry staff should be undertaken prior to authorizing such development. Pits and Quarries: there are a number of active pits within the Planning Area. The influence area within which there is potential for negative impacts from pit and quarry operations on adjacent land uses is 150 m (492 ft.) for pits and 500 m (1,640 ft.) for quarries from the property boundary of the pit or quarry. Industrial Uses: resource-related industrial uses that could develop in the Planning Area include mines, sawmills, which fall within a Class 3 industrial category. Industrial uses may have an impact on adjacent land uses. The Ministry of the Environment Guideline D-6, Compatibility Between Industrial Facilities and Sensitive Land Uses shall be used as the basis for studies to evaluate the impacts of industrial uses on sensitive uses within the prescribed influence areas for the three industrial classifications (see below) and to determine what setbacks and mitigation measures are required. but in no case appropropriatethe following industrial classifications and their respective minimum distance separations are as follows: - Class I Industrial: Identifies processing operations where emissions or outputs are zero to negligible, there is no outside storage and there is a self-contained process with zero to low probability of fugitive emissions. Distance separation for this "light industrial" classification is 60 m (196.8 ft.) 20 m (65.6 ft.) from the property boundary of the industrial use. - Class II Industrial: Describes industries with substantial variations in industrial processes and therefore emissions e.g., noise vibration, odour, particulate and gaseous discharges or combinations may be anticipated. Distance separation is 300 m (984 ft.) 70 m (229.6 ft.) for this classification of "medium industrial" from the property boundary of the industrial use. - Class III Industrial: Describes heavy industries e.g., refineries, pulp and paper mill etc. where a separation distance of 1,000 m (3,280 ft.) 300 m (984 ft.) applies from the property boundary of the industrial use. Agricultural activities: refers to active farms with livestock operations facilities in which case the Minimum Distance Separation P November 2013

109 Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs would will apply to determine setback separation distances between these operations and adjacent residential uses Goals 1. To provide for adequate separation distances between incompatible land uses and sensitive land uses Objectives 1. To minimize adverse effects associated with the operations of highways, railways, waste management facilities, sewage treatment facilities and agricultural operations Policies - Land Use Compatibility 1. Noise Attenuation Where, as a result of consultation with the Ministry of Environment and Energy, noise and/or vibration studies are required for land uses adjacent to a rail line or the Highway 17 corridor, it is a policy to require such studies and to implement the recommendations through zoning standards and/or other implementation techniques. The Ministry of the Environment s Noise Assessment Criteria in Land Use Planning: requirements, Procedures and Implementation shall be used in conducting noise and vibration studies. 2. Waste Management Facilities It is a policy to establish a minimum setback distance of 100 m (328 ft.)from any existing or defunct waste management site and to require an evaluation by any proponent of development within 500 m (1,640 ft.) of the perimeter of the fill area of an active or defunct waste management facility and to implement the recommendations of the said evaluation. The Ministry of the Environment s Guideline D-4, Land Use On or Near Landfills and Dumps shall be used to conduct the evaluation. 3. Pits and Quarries It is a policy to prohibit sensitive land uses within a distance of 150 m (492 ft.) of a pit and 500 m (1,640 ft.) of a quarry unless otherwise permitted under Section of this Plan such measurement being taken from the property boundary of the pit or quarry. 4. Industrial Land Uses P November 2013

110 : It is a policy to establish the following minimum distance separations for classes of industrial uses. The Ministry of the Environment Guideline D-6, Compatibility Between Industrial Facilities and Sensitive Land Uses shall be used as the basis for studies to evaluate the impacts of industrial uses on sensitive uses within the prescribed influence areas for the three industrial classifications (see below) and to determine what setbacks and mitigation measures are required. Separation distances shall not be less than the respective minimum distance separations are as follows: Class I Industrial: Identifies processing operations where emissions or outputs are zero to negligible, there is no outside storage and there is a self-contained process with zero to low probability of fugitive emissions. The minimum separation distance Distance separation for this "light industrial" classification is 60 m (196.8 ft.) 20 m (65.6 ft.) from the property boundary of the industrial use to the property boundary of the sensitive land use. Class II Industrial: Describes industries with substantial variations in industrial processes and therefore emissions e.g., noise vibration, odour, particulate and gaseous discharges or combinations may be anticipate The minimum separation distance Distance separation is shall be 300 m (984 ft.) for this classification of "medium industrial" from the property boundary of the industrial use to the property boundary of the sensitive land use. Class III Industrial: Describes heavy industries e.g., refineries, pulp and paper mill etc. where a minimum separation distance of 1,000 m (3,280 ft.) shall apply applies from the property boundary of the industrial use to the property boundary of the sensitive land use. 5. Sewage Treatment Facilities It is a policy to establish a minimum separation distance of 250 m (820.2 ft.) between the property boundary of a sewage treatment facility and the property boundary of any sensitive land use. The Ministry of the Environment Guideline D-2 shall be used in calculating the separation distance. 6. Agricultural Land Uses P November 2013

111 It is a policy to establish a minimum distance separation according to the Minimum Distance Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs as set out in Section of this Plan. 7. For the purposes of this Plan, it is a policy to define sensitive land uses to include: Dwellings Daycare Centres Educational Facilities Health Facilities Implementation Measures to achieve the policies of the Planning Board are as follows: 1. Planning Board will use the GIS data base to establish the location of new uses relative to incompatible land uses as set out in the above policies. Planning applications should include the necessary calculations as well as the appropriate studies where required (noise/vibration, evaluation studies on adjacent lands). 2. Planning Board may incorporate into the Zoning By-law, appropriate separation distances between incompatible land uses and sensitive land uses. 3. Planning Board will consult with public authorities with respect to the requirements for studies and/or evaluation of study results in determining the appropriateness of development and/or the implementation of mitigating measures. P November 2013

112 4.0 Housing Policies 4.1 INTRODUCTION The Sault Ste. Marie North Planning Area is not organized for municipal purposes. Consequently, there are limitations to the application of housing policies, particularly as they relate to meeting the requirements of the Growth and Settlement Policies of the Provincial Policy Statement. The focus of this section of the Plan will be on those policies that have specific application to the Planning Area. Population within the Planning Area has remained relatively constant between 1980 and 1994; however, both the overall population of the District of Algoma, the unorganized area of the District and the City of Sault Ste. Marie have experienced a decline in the population in the order of % between 1996 and In the absence of precise statistics for the Planning Area, a comparable trend would result in a decline of approximately 360 people over the same period. The City s population experienced a significant decline of 6.9% between 1996 and 2001 while in the period , the population remained relatively stable with an increase of a decline of only 0.5 %, e.g.: , , , ,800 -estimate ,490 estimate Formatted: Bulleted + Level: 1 + Aligned at: 2.54 cm + Indent at: 3.17 cm Given the close economic affiliation of the Planning Area which lies within the commuter shed of the City, similar population trends would also be expected in Sault Ste. Marie North. Consequently the current population is expected to remain relatively stable. Ministry of Finance population projections from 2006 to 2036 forecast a 6.3% decline in Algoma District, which is a modest change given the 30 year time horizon. Population during this period declined both in the northern and eastern townships but increased by some 351 in the central townships. Population statistics also indicate a definitive out-migration of youth from the Planning Area. while alternatively there is an increase in the pre-retirement and retirement aged population. These trends suggest that youth are seeking employment elsewhere, and also, that people are returning or moving into the Planning Area to retire. This will have a marked influence on the conversion of existing seasonal Formatted: Indent: Left: 2.54 cm, First line: 0 cm Formatted: Strikethrough Formatted: Strikethrough P November 2013

113 residences and the construction of new housing stock, undoubtedly with a waterfront orientation. These combined phenomena have had an influence on household occupancy since the number of persons per household (1994) at 2.4 is substantially less than the average for Algoma District as a whole, of 2.7 (1991 census is latest available figure) and the aggregated total for Algoma Unorganized of 2.9. A continuation of this trend of smaller households is projected to reduce the number of persons per household further over the planning period. Population Projections A series of population projections scenarios were developed in Estimates were for a net increase in the Planning Area population by 535 to A downward population shift since 1996 would realize a reversal in the trend to a population currently estimated to be approximately 4,265 (i.e. 0.5% decline since 2006). Trends should continue to be monitored. The number of variables influencing population dynamics however, make projections difficult at best. Sustained growth however is unlikely without inmigration attributed to economic development, e.g. job creation. The decline in the 0-19 years age group is symptomatic of a decline in new household formation. Once the baby boom generation has moved through the preretirement relocation syndrome which is now occurring, the population is expected to stabilize and in fact gradually decline as the number of deaths in the older age population increases. The in-migration of the pre-retirement population will lead initially to an increase in the number of household units but with the empty nest factor coming into play, the overall number of persons per household will continue to decline. For the purposes of projecting the demands for housing, Scenario 5 is suggested as the preferred scenario. Under this scenario, a further decline of 15% in the population in the eastern and northern areas is expected, e.g. 90. To offset this decline, an increase of 625 persons in the central townships is required for a net gain of 535 over the planning period (to 2015). Dwelling and Income Characteristics The preference is for single detached dwellings which comprises virtually 100% of the existing housing stock in the Planning Area. It is estimated that approximately 90% of the dwellings are owner occupied and that of the total number of residential housing units constructed, approximately one-half have been constructed since Statistics on household income indicate the unorganized component of Algoma District to be in a more favourable position than the organized P November 2013

114 component. The question of affordability is not likely a significant issue in the Planning Area as reflected by the existing high percentage of home ownership, the lower cost in general development and the range of housing costs e.g. from mobile homes to upscale large singles. The potential to meet a range of housing types is limited by the lack of communal services and more particularly publicly maintained infrastructure. This factor however is offset by the proximity of the City of Sault Ste. Marie which provides a full range of housing types. As well, within the Planning Area which is almost exclusively single detached housing, the range of housing types may be interpreted somewhat more flexibly in being met not by a range in the number of unit types but in the range of housing costs for the existing stock. More particularly, real estate information for 2011 indicates that mobile homes may be purchased for as little as $2516,000, starter homes or cottages at $75,000 - $80,000 45,000 - $50,000 ranging up to exclusive upscale single detached housing ($145250,000 +). acant lots (1 ac.) start in the range of $14,000 vs. $25,000 for a serviced building lot in Sault Ste. Marie. The number of cottage conversions also reflects a more economical means of providing permanent housing on an as-you-can-affordit basis (range of $25,000 - $40,000). land varies in price from $1,000 to $18,000/ac depending on location. Formatted: Strikethrough Policies with respect to community planning areas, small scale intensification, alternative development standards and housing on government lands have a limited application to the Planning Area. Affordable housing is not recognized as a significant issue given the options for meeting low end housing cost needs. Shifts in population growth and composition will continue to have an impact on the housing market. Smaller household size, more single parent families, and the impacts of the baby boomers on the retirement population will continue to generate new housing activity (i.e. new starts and conversions). Building activity has varied over the last 12 years from a low of 9 lots built on in 2010 to 35 in The housing demand is expected to be in the order of 15 to 20 units per annum for permanent dwellings and 10 to 15 per annum for seasonal dwellings. Given the existing supply (of vacant lots of record acres) there is a 10-year supply of available lots for permanent development. More specifically, population projections indicate a gross increase of 625 in the population over a 20-year period. Assuming that 60% of the increase occurs in the first 10 years ( ) a total of 156 units would be required at an occupancy rate of 2.4 persons per units (.6 x 625 = = , say 156). Assuming the balance of the population increase occurs in the second 10 years ( ), a supply of 115 units would be required (.4 x 625 = 250 P November 2013

115 2.2 = 113.6, say 114). These number of units are based on a decline in the occupancy rate to 2.2 persons per household. It is anticipated that despite the consent activity occurring in the Planning Area of approximately 20 consents per annum, most of the housing demand in the second 10-year period would be met through a combination of conversions and development on larger blocks within designated settlement areas. The supply of land for housing is not a constraint within the Planning Area. The supply of land for housing starts will be met through the existing supply of lots of record in combination with conversions of seasonal to permanent units. The longer term supply would be anticipated to be met through continued conversions as well as the development of larger blocks of land within designated settlement areas. The supply of land would essentially apply to the central townships. Given the current vacant land supply of lots, at least a 20 year supply is available. A modest housing market of 8-12 units per year can be readily accommodated. Much of the approach to providing housing over the Planning Area has been articulated through previous policies. Public policy with respect to housing developments over the past number of years have in fact been flexible with respect to such items as: Provision for non-exclusionary housing for single detached housing, more specifically, permitting mobile homes and small and large unit singles or conventional housing. The zoning controls do not limit housing sizes. Development standards, because of the lack of enforcement mechanisms, are very basic and typical of rural areas. A sufficient supply of land for residential purposes has always been available and in fact has exceeded demand by a substantive margin. Lot sizes have in general met the minimum environmental standards required which at one time were in the order of ¾ acre lots. Standards have increased over time and while lot sizes will be larger in future, there will not be a requirement for an increased size in the dwelling unit area. The Planning Board has in the past opted for a flexible approach to providing for housing within the Planning Area. Despite new standards for lot sizes, and the protection of environmental or natural features, development standards will not impinge negatively on the provision of housing to meet future needs Goal P November 2013

116 Is to provide a supply of reasonable priced housing for the period Objectives 1. To provide sufficient land supply for low density housing. 2. To monitor housing needs on an on-going basis Policies - Housing 1. Housing Supply It is a policy to provide for a sufficient supply of land for low density housing types (single and two-unit dwellings) required to meet the future development requirements of the Planning Area. The lot supply will be primarily met through existing available lots of record. 2. It is a policy to direct housing development into designated communities as set out in the Growth and Settlement Policies of this Plan (Sections and and 3.7.9). 3. It is a policy to work with adjacent municipalities in meeting the housing requirements for other than low density housing types. In general, multiple housing developments will be directed to adjacent municipalities. 4. It is a policy to provide for group homes and garden suites within the Planning Area as set out in Sections (6) and (2) of this Plan Implementation Measures to achieve policies of the Planning Board are as follows: 1. Planning Board will make provision for low density housing types e.g. single detached and two-unit dwellings within the implementing Zoning By-law. 2. Planning Board will facilitate the establishment of group homes and garden suites within the Planning Area where the appropriate development criteria have been met. P November 2013

117 3. Planning Board will work with housing authorities in adjacent municipalities and with the Province in planning for alternative higher density housing types in adjacent municipalities. P November 2013

118 5.0 Agricultural Land Policies 5.1 INTRODUCTION Goal Agriculture is not a significant land use activity within the Planning Area. Most of the geographic landscape is rock knob topography characterised by poor drainage and shallow soil cover. It is only within some of the river valleys that agricultural activity has taken place all be it on a small scale. The amount of land that is classified as having CLI capability for agriculture Classes 2-3, is almost negligible. Discussions with the Ministry of Agriculture, Food and Rural Affairs have indicated that the designation of lands using this classification is not essential. As such, the only applicable standard is the Minimum Distance Separation Formulae I and II. To provide for the protection of farm-related livestock operations agricultural uses within the Planning Area Objectives To apply the Minimum Distance Separation for new development, land uses and new or expanding livestock facilities Policies - Agricultural Land 1. Agricultural uses that will be permitted include the growing of crops, including nursery and horticultural crops, raising of livestock and other animals for food, or fur, including poultry and fish; aquaculture; agro-forestry; maple syrup production; and associated on-farm buildings and structures; agriculture-related uses meaning those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation, and any accessory uses such as a dwelling and a secondary use. 2. A minimum lot area of 32 ha for an agricultural use will be encouraged as a means to ensure sustainable agricultural operations Minimum Distance Separation Policy It is a policy to require that new development, land uses and new or expanding livestock facilities comply with the Minimum Distance Separation Formulae I and II where applicable within the Planning Area. P November 2013

119 5.1.5 Implementation Measures to achieve the policy of the Planning Board are as follows: 1. Based on the land use information from the GIS data base, Planning Board in reviewing applications will identify agricultural land uses and with this information identify the application of the Minimum Distance Separation Formulae I and II. Planning Board may consult with the Ministry of Agriculture, Food and Rural Affairs in confirming the calculation and/or the application of the formulae. P November 2013

120 6.0 Conservation Policies 6.1 CONSERATION OF ENERGY, WATER AND BUILDING MATERIALS Introduction Conservation is the wise management and use of renewable and nonrenewable resources. Policies and practices can be incorporated into planning activities which help to link land use activities with conservation objectives. Official Plans should contain policies that promote conservation of water and energy resources and that promote more compact forms of development which make better use of infrastructure. It is recognized that there is within the Planning Area scattered and remote development on inland lakes, on private roads, etc. Basic principles should be to avoid further scattered and remote development which may have future implications for extending roads or providing community service facilities, e.g. fire protection, parks and open space, community recreational facilities, utilities, etc. In planning for the servicing of future development from the standpoint of sewer and water services, the preference is for on-site systems. Although lot sizes must be larger to ensure the sustainability of water and sewer for each and every new lot, the approval of future consents and the lotting patterns through consents or plans of subdivision can be designed to ensure compact low density development using for example the following criteria: Minimizing lot frontages. Ensuring that land division does not leave unusable land by virtue of insufficient lot frontage or lot area. Encouraging infill along existing road frontages. Avoiding land locked parcels. Much of the development in the Planning Area is rural in nature and consequently tends to blend in with the natural environment. Energy conservation practices may be enhanced by retaining wherever possible as much of the natural vegetative cover in site design and development. It is recognized that Planning Board do not have the tools for site plan control but can be instrumental in encouraging conservation practices to sustain the natural environment. P November 2013

121 6.1.2 Goal To provide for development that conserves energy, water and ensures the wise utilization of building materials Objectives 1. To provide measures for the siting, design, landscaping, infrastructure and building design of developments as measures of conservation Policies - Conservation of Energy, Water and Building Materials 1. It is a policy to emphasize development that best utilizes the existing road infrastructure. 2. It is a policy to avoid scattered or remote development which precipitates unnecessary private or public expenditures and the provision of infrastructure and community service facilities. 3. It is a policy to encourage low density development that is as compact as possible and in which on-site servicing is sustainable. 4. It is a policy to promote the retention of natural vegetative cover during site development. 5. The Planning Board supports the development of alternative and renewable energy systems within the Planning Area provided such systems comply with the Green Energy and Green Economy Act, and the Environmental Assessment Act where applicable and to local zoning standards. 6.2 TRANSPORTATION MODES Introduction This particular policy has limited application to the Planning Area with the exception perhaps of planning for bicycles. Cycling is recognized as having a more recreational orientation than transportation orientation. In either context however, bicycle friendly roads can encourage the utilization of bicycles as an alternative mode of transportation for local residents as well as an asset to tourism development for the "through cyclist". Planning Board can work with roads authorities in providing paved shoulders along rural roads and provincial highways where appropriate. Opportunities may exist for developing bicycle paths or bikeways in the future as a specific project. P November 2013

122 6.2.2 Goal To encourage cycling as an alternative mode of transportation where reasonable Policies - Transportation Modes 1. It is a policy to recognize the role of cycling as an alternative means of transport and for its recreational amenity Implementation Measures to achieve policies of the Planning Board are as follows: 1. To work with roads authorities in providing for paved shoulders along rural roads and provincial highways where appropriate, economically feasible and where they provide for safe passage. 6.3 WASTE MANAGEMENT SYSTEMS Introduction The Ministry of Natural Resources, Sault Ste. Marie District owns and operates five domestic waste disposal sites in the Planning Area. The five waste disposal sites which were established in the late 1960's are known as Fenwick (Goulais), Havilland, Batchawana, Searchmont and Montreal River. The Ministry of Natural Resources has provided for the maintenance of these sites in the absence of a local government structure. In the early 1970's, legislation (the Environmental Protection Act) required all dumps and landfill sites to be licensed or certified by the Ministry of the Environment. Because of the associated financial burden on the Ministry of Natural Resources for the maintenance of sites, a Regional Ministerial Task Force was established and recommendations made for waste management in unorganized areas, notably: The Ontario government is devolving itself from the direct operation of local waste disposal sites and encouraging local organizations such as Local Services Boards, to operate this site(s). The principle of "user pay" or "fee for service principle" (tipping fees) will be applied to these sites. Operational options are being presented to the local public for their consideration and include private sector operation, citizen group operation, and Local Services Board operation. P November 2013

123 As a result of this study, the Ministry has now organized for the privatization of all of the five sites. There are two operating sites in the Planning Area for which the Ministry of Natural Resources holds the Certificates of Approval. Both sites are operated by a private contractor. The capacity of both sites is monitored and the expectation is that the Ministry of Natural Resources and the Sault North Waste Management Council will work with the Planning Board in the continued planning and operation of these sites for area residents. 1. Fenwick (Goulais River) This site has been the subject of an operation and closure plan. The site which is 18.6 ha (45.9 ac.) in area is located on the southwest quarter, Section 25, Township of Fenwick with access to the Pine Shores Road. The site has a remaining capacity estimated at 30 years and services an area covered by the Townships of Aweres, ankoughnet, Fenwick and Kars. The Fenwick Waste Disposal Site is in compliance with the Ontario Regulation 347 prescribed standards for the location, maintenance and operation of a land filling site. 2. Havilland Bay (Havilland Township) The Havilland Waste Disposal Site is located approximately 45 km north of Sault Ste. Marie on the southwest quarter, Section 38, Township of Havilland. The site is located in a former sand and gravel pit and has an estimated capacity in excess of years. The site is small, ha ( ac.) of waste and isolated. The service area covered by the site consists mainly by the Township of Havilland. The Havilland Bay Waste Disposal Site is in compliance with Ontario Regulation Batchawana (Fisher Township) The Batchawana Waste Disposal Site is located approximately 75 km north of Sault Ste. Marie on the north half of Lot A, Township of Fisher. The site is situated in a shallow pit and has remaining capacity estimated at 20 years. The service area covered by the site consists of the Township of Fisher, Palmer, Tilley, Herrick and Ryan. 4. Montreal River (Slater Township) This disposal site is located on Part of Lot 5, Concession I, Township of Slater and situated on 16.2 ha (32.6 ac.) of land near the base of a rugged bedrock controlled hillside approximately 100 metres east of Highway 17. The total area to be utilized for waste disposal is 2 ha 4.94 ac.) and the site has a remaining capacity estimated at years. The service area covered by the site consists of the Townships P November 2013

124 6.3.2 Goal of Slater, Smilsky, Kincaid, Rix, Nicolet and Peever. The site is in compliance with the Regulation. 5. Searchmont (Gaudette Township) Recycling The Searchmont Waste Disposal Site is located on the south quarter of Lot 612, Plan M121, Township of Gaudette. The site occupies a shallow sand and gravel pit located adjacent to the Whitman Dam Road. The site's remaining capacity is estimated at 20 years. The service area covered by the site consists of the Townships of Gaudette, Shields, Deroche and Hodgins. The Searchmont Waste Disposal Site is in compliance with the Ontario Regulation. The site contractor has initiated a recycling program on a limited basis within the Planning Area. To provide for a waste management system that accommodates development within the Planning Area and complements the reduction, reuse and recycling objectives of the Province Objectives 1. To ensure that there is adequate ongoing capacity in the waste management sites to accommodate future development. 2. To encourage a program of reduction, reuse and recycling Policies - Waste Management Systems 1. It is a policy to recognize and designate the five both active and closed waste management sites of including two active sites: Fenwick, the Havilland Waste Disposal Site Bay, Batchawana, and the Montreal River Waste Disposal Site and three closed sites at Searchmont, Fenwick and Batchawana as meeting the waste management requirements for the Planning Area (see Land Use Schedule for Waste Disposal Coverage Area). 2. It is a policy to maintain the appropriate minimum distance separations between waste management sites and adjacent sensitive land uses as set out in Section of this Plan. P November 2013

125 3. It is a policy to support the 3Rs program. 4. It is a policy to prohibit development on active or defunct closed waste management sites except as otherwise permitted under the Environmental Protection Act Implementation Measures to achieve policies of the Planning Board are as follows: 1. In the review of development applications, Planning Board will verify as required, that there is sufficient capacity within area waste management sites to accommodate new development or redevelopment. 2. Development applications will be reviewed to ensure conformity with the minimum distance separation from existing sites. 3. The five two waste management sites will be recognized as part of the GIS data base. 4. For waste that cannot be accommodated as per the certificate of approvalenvironmental Compliance Approval or other approvals for existing waste management sites, the applicant or developer shall demonstrate to the Planning Board that alternative arrangements have been made for accommodating such waste prior to the approval being given for such development. 5. The Planning Board will work with the Sault North Waste Management Council in encouraging and facilitating measures for recycling and the management of hazardous wastes. P November 2013

126 7.0 Mineral Aggregate and Mineral Policies 7.1 MINERAL AGGREGATE RESOURCES Introduction The Aggregate Resources Act has not been proclaimed applies to all townships within the Planning Area which are located south of Palmer and Ryan. Consequently, However there is a requirement to acquire a work permit for a pit or quarry operation from the Ministry of Natural Resources before commencing operations. On Crown land, land use permits are issued under the Public Lands Act by the Ministry of Natural Resources to pit and quarry operators to allow for extraction activities on what is essentially a lease basis. An inventory was carried out of aggregate operations and the resource potential for the southern half of the Planning Area. Other mapping has been produced along with associated reports for this area as well as the northern part of the Planning Area. Existing aggregate deposits including active pits have been identified and are incorporated in the GIS data base Goal To protect as much of the mineral aggregate resource as is practicable in order to supply local, regional and provincial needs Objectives 1. To protect existing pits and quarries from incompatible land uses. 2. To protect as much of the mineral aggregate resource as is realistically possible in the context of other planning objectives and to protect this resource from land uses which are incompatible with possible future extraction. 3. To provide for wayside pit and quarry operations except in areas of existing development or in areas which are particularly environmentally sensitive Policies - Mineral Aggregate Resources P November 2013

127 1. It is a policy that mineral aggregate resources will be protected for their resource value through designation as Mineral Aggregate Resource Policy Area (see Land Use Schedule ( C Series) for Mineral Aggregate Resources). This shall include legally existing pits and quarries and other lands identified as part of the mineral aggregate resource base. This shall also include wayside pits and quarries although they may not be specifically designated Permitted Uses It is a policy to permit certain uses within areas designated as part of the mineral aggregate resource, include the following: 1. Pits and quarries. 2. Wayside pits and quarries. 3. An agricultural use excluding any permanent buildings. 4. Forestry excluding any permanent buildings. 5. Uses associated with a mineral aggregate pit and quarry operation such as crushing facilities, stock piles, screening operations, asphalt plants and aggregate transfer or recycling operations provided they do not prevent the opening of a pit, quarry, wayside pit or quarry. 6. Passive recreation uses not including buildings or structures. 7. Existing uses. (Note: In general, non-aggregate land uses will only be permitted where extraction is not feasible, where future extraction is not significantly precluded or hindered or where the use serves a greater long term interest of the general public than does aggregate extraction.) Influence Area It is a policy to recognize an influence area as a means of protecting against incompatible land uses in the vicinity of proposed pits and quarries and to protect existing pits and quarries from encroachment from other incompatible land uses. It is a policy of The Planning Board to discourage incompatible land uses in areas surrounding mineral aggregate resource P November 2013

128 areas. For the purposes of this plan, the influence area shall be considered to be 500 m (1,640 ft.) for quarries and 150 m (492 ft.) for pits measured from the property boundary of the pit or quarry. The extent of the influence area may be modified in consultation with the Ministry of Natural Resources without amendment to this plan. Influence areas and separation distances may vary (lesser or greater distances) depending on technical studies under the MOE D-series guidelines (e.g. D-1, D-6) and the Mining Act. Pre-consultation with provincial ministries is warranted when a development application is being proposed in the vicinity of a mineral aggregate operation Wayside Pits and Quarries It is a policy to permit wayside pits and quarries. A wayside pit or wayside quarry means a temporary pit or a quarry opened and used by a public road authority or their agent, solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. or maintenance. Wayside pits and quarries are permitted throughout the Planning Area without amendments to this plan or the zoning by-law except in areas of existing development or environmentally sensitive areas which have been determined to be incompatible with extraction and associated activities designated as such in the official plan Portable Asphalt Plant and Portable Concrete Plant It is a policy to recognize portable asphalt plants and portable concrete plants as an important part of aggregate operations. Portable asphalt plants and portable concrete plants, used by a public road authority or their agents, shall be permitted throughout the Planning Area without amendment to this Plan or the zoning by-law. Portable asphalt plants and portable concrete plants are not permitted in existing built-up areas and in environmentally sensitive areas which have been determined to be incompatible with extraction and associated activities designated as such in the official plan. If asphalt for a public road project cannot be obtained from an exiting asphalt plant, attempts should be made to locate the portable plant in a wayside pit, vacant industrial site, the highway right-of-way, or on inactive or less productive agricultural lands. Portable asphalt plants are subject to the following provisions: a) Portable asphalt plants will be removed from the site upon completion of the project. P November 2013

129 b) All portable asphalt plants must have a Certificate of ApprovalEnvironmental Compliance Approval from the Ministry of Environment and Energy and must meet the minimum separation distance of that ministry. c) Sites used for portable asphalt plants within the agricultural area shall be rehabilitated to their former agricultural capability. DEFINITION Portable asphalt plant' means a facility: a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; b) which is not of permanent construction, but is designed to be dismantled and moved to another location as required. It is a policy that polluted water from washing or screening operations shall not be discharged into any creek or watercourse. The operation of a wayside pit or quarry will be conducted in accordance with the requirements of the Aggregates Resources Act where applicable. It is a policy that wayside pits will be progressively rehabilitated to substantially the same average soil capability for agriculture on agricultural resource lands or rehabilitated for other rural uses as the case may be, upon completion of the project they were required for. Portable asphalt plant: means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and which is not of permanent construction, but which is to be dismantled at the completion of the construction project. Portable concrete plant: means a building or structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and P November 2013

130 which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project Resource Identification or Depletion It is a policy that an amendment is required to this Plan to designate mineral aggregate resource lands not currently identified or conversely to redesignate existing lands wherein the resource has been depleted Implementation Measures to achieve policies of the Planning Board are as follows: 1. Plans submitted by applicants for pits and quarries will be reviewed with the appropriate provincial agencies for conformity to land use policies and provincial policies, including where applicable, under the Aggregate Resources Act. As part of the review, the Planning Board may solicit input from the public. 2. Existing operating pits and quarries may be zoned in the implementing Zoning By-law. New pits or quarries or expansions to existing pits or quarries within the Mineral Aggregate Resource Policy Area designation will be subject to a Zoning By-law amendment and when applicable subject to meeting the requirements of the Aggregate Resources Act. 3. The Planning Board will ensure that when considering applications for redesignation, rezoning or land severances, in Mineral Aggregate Policy Areas or within influence areas surrounding Mineral Aggregate Resource Policy Area, that there will be consultation with the Ministry of Natural Resources staff. 4. New pits or quarries or the expansion of existing sites within the designated Mineral Aggregate Resource Policy Area will be subject to a Zoning By-law Amendment and when where applicable subject to meeting the requirements of the Aggregate Resources Act. In considering such amendments, the Planning Board shall, in consultation with the Ministry of Natural Resources require applicants to submit a plan which will address the following: I. The effect of the operation on the environment. ii. iii. The effect of the operation on any nearby settlement areas, residential uses or existing development. The suitability of the proposed after-use and the adequacy of the progressive and future rehabilitation plans for the site. P November 2013

131 iv. Possible effects on ground and surface water and agricultural resource lands. v. Planning and land use considerations. vi. When where the Aggregate Resources Act is made applicable to the area, licensing shall also be a requirement along with the submission of progressive rehabilitation plans and site development plans. The Planning Board or a proponent may initiate an amendment to this Plan for private lands not designated Mineral Aggregate Resource Policy Area. In reviewing such proposed Plan amendments, the Planning Board, in consultation with the Ministry of Natural Resources, will examine the aforementioned requirements. 5. Planning Board will maintain an updated GIS data base with respect to the identification of pits, quarries, mineral aggregate resource lands and where appropriate, wayside pits and quarries. 6. Planning Board may utilize a development permit system where provided for by the Planning Act with respect to extraction and related activity in Mineral Extraction Areas. 7.2 MINERAL RESOURCES Introduction The geological history of the Sault North Planning Area is interesting and complex. Few, if any, areas of Ontario contain the range of rocks types and geological environments present in the Sault North Planning Area. The region has a long history of mineral exploration, beginning with that of native Americans who mined copper near the site of the recent the past producing Coppercorp mine. The major rock types which have been identified as part of the GIS data base include: Keweenawan Supergroup - Jacobsville Formation (sandstone, siltstone), Mamainse Formation (mafic meta volcanic rocks, felsic intrusive rocks, conglomerate), Nipissing dibase; Huronian Supergroup - Gordon Formation (dolostone, sandstone), Lorrain Formation (conglomerate, sandstone), Gowganda Formation (conglomerate, mudstone, sandstone), Aweres Formation (sandstone, conglomerate), Thessalon Formation (mafic metavolcanics), Livingstone Creek Formation (sandstone, conglomerate); Archean (archean granitic rocks, mafic metavolcanic rocks). Most of the Planning Area has been identified by the Ministry of Northern Development and Mines as having significant mineral potential and virtually all of the area north of Batachwana has been entirely staked. Areas around the past producing Tri-bag Mine and its ancillary zones located in Nicolet and Norberg townships, past producing properties adjacent to the shoreline of Superior in the Montreal and Sand Bay Mining Locations are considered to be areas of provincially significant mineral potential. The townships of Havilland, an P November 2013

132 Koughnet, Deroche, Jarvis, Aweres and Duncan are also popular places for prospecting and also have high mineral potential, notably Jarvis because of the past producing Jardun Mine. Given past mining activity, there are a number of mine hazards that have been identified. Mine hazards will vary depending on the extent of past mining activities and an evaluation and potentially rehabilitation may be required prior to permitting new development or redevelopment. Mineral Potential in the Sault North Planning Area The concept of "mineral potential" or perhaps more correctly "mineral exploration potential" refers to the relative likelihood that a given area will yield mineral resources at a profit, or at least attract mineral explorers who have reason to believe the area will contain minable mineral deposits. The history of mineral exploration in other areas of Ontario has shown that the same area and the same mineral prospect generally experiences successive periods of mineral exploration with intervening periods of inactivity. For this reason the current distribution of mining claims is of limited value in evaluating the mineral potential of an area. The mineral potential rankings are consistent with the six stage ranking of the Ontario Geological Survey as follows: Rating 6 - Highest mineral potential - A tract which contains producing mines or deposits with defined resources of minable dimensions given present metal prices or a reasonable increase in present metal prices. Rating 5 - ery high mineral potential - A tract with past producing mines with undefined resources or developed prospects. i.e. prospects with extensive drilling to outline the deposit in three dimensions. The presence of past producing mines warrants a rating of 5 for parts of the Sault North Planning Area. When possible, the extent of a tract with this rating is determined by the extent of similar geological environment and the history of exploration in the area. Rating of 4 - High mineral potential - A tract identified by the presence of many mineral occurrences. An area in the Archean granitic terrain extending eastward from Superior to Ranger (outside the Planning Area) contains an unusually high concentration of mineral occurrences. Normally the granitic terrain would not earn such a high rating but studies have shown that these occurrences are of Keweenawan age and probably indicate the presence of Keweenawan igneous activity and metal concentration. There are two past producers within the tract. Rating of 3 - Moderate mineral potential - A tract with a favourable geological environment but few mineral occurrences, or a tract with favourable geochemical or geophysical anomalies. Also an area with mineral occurrences in an unfavourable geological environment. P November 2013

133 Rating of 2 and 1 indicate relatively low mineral potential based on our present knowledge and market conditions. An area of "ery High Mineral Potential" (5 rating) has been identified in the Keweenawan and Archean volcanic rocks which extend in a broad belt eastward from Mamainse Point on the east shore of Superior, eastward through the east boundary of Nicolet Township. This area hosts many copper, gold, molybdenum, lead and zinc occurrences. There are two past producing mines: The Tribag and the Coppercorp Mine. Over the past 20 years this area has experienced almost continuous mineral exploration activity by prospectors and mining companies. The eastern end of this belt (outside the Planning Area) is presently (July, 1995) an area of particular interest to mineral exploration companies. The second area of very high and high mineral potential is a broad zone within the Archean granitic rocks in Shields, Gaudette, Deroche and Jarvis Townships. This area contains many vein type Cu, Pb, Zn occurrences and three past producing mines. Mineral Occurrences Goal The location of mineral occurrences were compiled from 1:50,000, 1:31,680 and 15,840 scale maps and therefore cannot be used as "exact" locations. Resources did not permit the compilation from original sources necessary for more exact locational data. It should be noted that in most cases the original locations of mineral occurrences were made relative to mining claim posts. Since claim posts are only very loosely tied to topographic reference points, on-site inspections would be necessary to precisely locate the mineral occurrences shown on the map. To manage mining resource lands by protecting existing and potential resources, by controlling and regulating operations, by requiring a rehabilitation plan, by minimizing adverse impacts on the environment, by protecting the resource from incompatible land uses and by providing for sequential subsequent land uses Objectives 1. To identify on an ongoing basis areas of potential mineral resource and incompatible development. 2. To ensure that development on adjacent lands to the mineral resource does not preclude or hinder the continuation of existing or new mineral resource operations including development of the resource. 3. To ensure proper rehabilitation of mineral resource lands (mine hazards) after extraction and other related activities have ceased. P November 2013

134 7.2.4 Policies - Mineral Resources It is a policy to recognize mineral resource lands as those lands exhibiting significant moderate, high or very high mineral potential as well as known mineral occurrences Mineral Resources as a Constraint It is a policy that mineral resource lands be recognized as a development constraint overlay as identified on the Land Use Schedule ( C Series) for Mineral Potential. This shall mean that mineral resource-related uses such as exploration, development and mining of mineral resources, mine structures, buildings and ancillary uses and mining resource-related uses such as smelters or refineries shall have preemptive rights on those lands within the constraint overlay except those areas within designated settlement areas or communities or which do not meet the minimum distance separation requirements for industrial facilities and sensitive land uses. It is a policy that no new mining townsites are permitted within the constraint overlay. It is a policy that the scope of permitted uses shall be deemed to include compatible resource uses such as forestry, agriculture, conservation uses including the management of wildlife habitats, mineral aggregate resource extraction and passive recreation uses. It is a policy that the proponent of any development for other than the list of permitted uses above be required to undertake an evaluation or assessment (see Implementation) satisfactory to Planning Board and the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines, prior to the approval of such development New Mines It is a policy that the establishment of new mines shall be subject to the approval of the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines under the Mining Act and do not require an amendment to the Official Plan or Zoning By-law Past Producing Mines It shall be a policy that past producing mining operations are considered to be mine sites that are under temporary closure and where there is remaining mineral potential. Resumption of mining may be permitted subject to the approval of the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines Rehabilitation P November 2013

135 It shall be a policy that 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 Abandoned Mine Sites It shall be a policy to recognize abandoned mine sites as areas where development should be restricted subject to consultation with the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines. Any proposed development will be subject to an amendment to the Official Plan and the Zoning Bylaw wherein it has been demonstrated with supporting engineering documentation that the abandoned mine hazard can be mitigated and remediated to properly address public health, safety and environmental concerns to the satisfaction of the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines (see also Section Mining Hazards) Existing Mining Land Tenure It is the policy of the Planning Board to acknowledge the use of mining lands for mining purposes as permitted under the Mining Act and subject to the approval requirements of the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines. Mining lands include mining rights such as staked mining claims, mining leases and mining patents used or intended to be used for mining purposes. These may be zoned in the Minister's Zoning By-law on a site specific basis and wherever possible, incorporated within the Mining Resource Lands designation upon review of the Plan or upon application for an amendment to the Plan Influence Area It is a policy to recognize an influence area as a means of protecting against incompatible land uses in the vicinity of mining operations and to protect mining operations from encroachment from other incompatible land uses. It is a policy of the Planning Board to discourage or prohibit incompatible land uses in areas adjacent to mineral resource operations. For the purposes of this Plan, the influence area shall be generally 1,000 m (3,280 ft.) or less as set out in Section Land Use Compatibility of this Plan. The extent of the influence area may be modified in consultation with the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines without amendment to this Plan Resource Depletion Where the mineral resource has been depleted and the mine or lands associated with the mining operation have been rehabilitated or closed in accordance with plans approved by the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines, these lands may revert to an alternative resource use where there is an overlapping designation with the mining resource P November 2013

136 lands designation or alternatively where such is not the case, the lands may redesignated by amendment to this Plan provided that such redesignation does not prejudice mining operations or mineral resource operations or other resource lands on adjacent properties Implementation Measures to achieve policies of the Planning Board are as follows: 1. In the review of planning applications, Planning Board may consult or circulate to the Ministry of Northern Development, Mines and ForestryNorthern Development and Mines where the proposed development is located outside of a designated community or settlement area but within the lands identified as having moderate, high or very high significant mineral potential. 2. The proponent of development shall provide an analysis of the proposed development for uses other than those permitted above and shall be generally based on the following criteria: to demonstrate that such development would not hinder the establishment of a new mineral mining operation or access to the resource and development shall only be permitted if: resource use would not be feasible; or the proposed land use or development serves a greater long-term public interest; and issues of public health, public safety and environmental impact are addressed the economic, social and environmental benefits that will accrue from the proposed development and from resource use; current economic circumstances and the likelihood of the mineral resource being developed within the official plan planning horizon; the planning lifespan of the proposed development as compared to mineral extraction. Is there an opportunity for sequential use, by allowing the resource to be extracted first followed by the proposed development? whether the proposed development and mineral extraction can coexist. For example, would the mining method be open pit/quarry or underground? Can mining infrastructure be located off site or adjacent to the development proposal using non-obtrusive and compatible site design and construction methods? P November 2013

137 the nature and sensitivity of physical features and existing development constraints that may restrict the feasibility of mining the resource or developing the other use; whether the proposed development can be feasibly located on another site so that it would not conflict with mineral extraction; and whether there is enough information and data available to answer the aforementioned questions; will it be necessary to undertake additional on-site mineral resource analysis in the proposed development area in order to make a fully informed planning decision? Such analysis shall be considered to be a prerequisite to an application for a consent, rezoning or other planning application. P November 2013

138 8.0 Implementation and Interpretation 8.1 INTRODUCTION It is the intent of this section of the Plan to provide for policies not otherwise addressed in previous sections Planning Period and Projected Population It is the intent of this Plan to provide for a 20-year development framework ( ) to guide the future growth of the Planning Area and to provide for a permanent population of approximately 5, Planning Review, Pre-Consultation and Complete Applications It is intended that this Plan shall be reviewed on a regular basis. To this end, Planning Board shall hold a meeting once every 5 years in accordance with the requirements of the Planning Act for the purposes of determining whether there is a need to revise revising the Plan to ensure that it is consistent with the provincial policy statement and conforms to any applicable provincial plans. This will not preclude Planning Board from initiating amendments from time-to-time as circumstances change or as new information becomes available. In the review and approval of planning applications, for development, the Planning Board will ensure that land use decisions on applications are consistent with the provincial policy statement. Planning Board may require pre-consultation prior to the submission of a planning application and may refuse an application which is not considered to be complete where studies or other information required by this Plan have not be submitted in support of an application Utilization of Geographic Information System This Plan contains a minimal number of specific land use designations. Rather, it is the intent to utilize the Geographic Information System as a basis for interpreting policy in reviewing development applications and making planning decisions. While information may be depicted on hard copy maps, it is intended that the Geographic Information Base (Electronic Data Storage) be utilized as the primary information source for identifying both natural and built characteristics of the landscape and consequently undertaking the review of development applications. Except for engineered flood elevations, the boundaries of natural heritage features, resource lands and settlement areas may be considered to be approximate and it shall not be necessary to make amendments to the Official Plan for minor variations in the approximate boundaries provided that the intent of the Plan is preserved. Additions P November 2013

139 tot the Geographic Information Base that will result in changes to land use characteristics, policies or the Land Use Schedules will, however, require an amendment to this Plan. Additional information may be added to the GIS data base without amendment to this Plan particularly identifying information with respect to individual properties e.g. property ownership, civic addressing as well as information which may serve to enhance the decision-making process e.g. identification of aquifers, recharge areas, soil and slope conditions, etc. The addition of this information will not require an amendment to the Plan Figures and Quantities It is intended that all figures and quantities contained in the Plan be considered as approximate only and not absolute. Amendments to the Official Plan will not be required for any reasonable variance for any of the proposed figures where it does not change the substance of the policies of the Plan Amendments Waived A public meeting as required by the Planning Act will not be necessary to make changes to the Official Plan with respect to the following matters: Deleting obsolete provisions such as references to Provincial legislation, regulations and guidelines or to other sections of this Plan which have been changed. Altering the number and arrangements of any provisions. Punctuation or altering language to obtain a uniform mode of expression. Correcting clerical, grammatical or typographical errors. Inserting historical footnotes or similar annotations to include the origin and approval of each provision. Change in format. Consolidation of amendments Crown Land It is recognized that Planning Board does not have the jurisdiction to enforce the provisions of this Plan as it relates to Crown land since Crown lands are recognized as falling under the purview and responsibility of the Provincial government. However, it is expected that Planning Board and Provincial Ministries will work cooperatively in achieving the objectives and spirit of this Plan particularly with P November 2013

140 respect to the review of development applications. It is expected that Crown lands proposed to be released for private development not be released by the Crown without prior consultation with the Planning Board and that generally, the release of Crown land for non-resource related development be discouraged unless there is no alternative private lands available for such development. It is also the intent of Planning Board to minimize or avoid land use conflicts or conflicts in resource development since inter-agency cooperation is essential to maximizing the potential of natural resources within the Planning Area Related Authorizing Legislation The policies of this Plan shall not be interpreted to preclude the requirement to obtain permits or approvals under other legislation. Other authorizing legislation may include the Environmental Assessment Act, the Ontario Energy Board Act, the Ontario Water Resources Act, the Fisheries Act, the Public Lands Act, etc. Wherever possible, Planning Board will identify other approvals that may be required of the applicant Environmental Assessment and the Planning Act Where infrastructure which is subject to the Planning Act has been authorized under an Environmental Assessment Process, and has undergone a systematic process of examining impacts on the environment, an EIS will not be required. Where infrastructure which is subject to the Planning Act is not authorized under an Environmental Assessment Process, an EIS will be required Development Permits Subject to the enabling authority of the Planning Act, Planning Board may utilize development permits to control and regulate development where prescribed under this Plan Existing Land Uses, Minor ariances and Non-Conforming Uses Any land use legally existing at the date of approval of this plan that does not conform with the land use designations as shown on the Land Use and Transportation Services Plan, as a general rule, should cease to exist in the long term. In special instances, however, it may be desirable to permit the extension or enlargement of such a non-conforming use in order to avoid unnecessary hardship. It is the intention of this Plan that extensions and enlargements should be handled through the use of Section 34(10) or Section 45 of the Planning Act. All uses which were legally in existence at the effective date of this Plan shall, however, be allowed to continue as such. Nothing in this Plan shall prevent the reconstruction of legal non-conforming uses which are inadvertently destroyed by a natural cause. Sections 34(10) and 45 of the Planning Act P November 2013

141 Where a property is not zoned in accordance with the existing use, the extension or enlargement of such use may be considered by the Planning Board if such extension or enlargement does not contribute to the intensification of development. The Planning Board, through the passing of an amendment to the Zoning By-Law pursuant to Section 34(10) of the Planning Act or by a permission under Section 45 of the Planning Act, may allow extensions or enlargement of such uses subject to the following guidelines. 1. The extension or enlargement should not aggravate the non-conforming situation for neighbouring uses. 2. The extension or enlargement should be in a reasonable proportion to the existing use and to the land on which it is to be located. 3. Any extension or enlargement involving land should be minor in relation to the total property. Any major change or adjustment shall require an amendment to this Plan. 4. The proposed extension or enlargement shall not create undue noise, vibration, fumes, smoke, dust, odours, traffic generation nor glare from lights. 5. Traffic and parking conditions in the vicinity will not be adversely affected by the application and traffic hazards will be kept to a minimum by appropriate design of ingress and egress points to and from the site and by improvement of site conditions especially in proximity to intersections. 6. Adequate provisions have been or will be made for off-street parking and loading facilities. 7. Services such as storm drainage, roads, private sewer and water services and school bussing are adequate or can be made adequate. 8. Neighbouring land owners will be notified of the proposed extension or enlargement of the non-conforming use before the final decision on the application is made. Minor ariances Section 45 of the Planning Act authorizes the Planning Board to grant minor variances to the Zoning By-law. The Minister may approve applications provided the general intent and purpose of the Official Plan and Zoning By-law are maintained, that the variance is minor and that the proposed use of land, building or structure is desirable for appropriate development Land Use Schedules P November 2013

142 A set of Land Use Schedules have been prepared to assist in the interpretation of the Land Use Policies of this Plan. These schedules are intended to form part of this Plan and are intended to be interpreted in light of the policies and in light of Section 8.1.3, the Geographic Information System Appendices Appendix 1 to this Plan does not constitute part of the formal policies but may be utilized to assist with the interpretation of policies particularly where definitions apply Community Profile The Community Profile may be utilized as a reference document to provide further information with respect to understanding the policies of this Plan. The Community Profile does not constitute part of the Plan but may be considered as a basis for the policies that have been formulated Zoning Planning Board shall enact a Zoning By-law to regulate the use of land, buildings and structures within the Planning Area in accordance with the enabling authority of the Planning Act Holding Provisions A holding symbol may be used in the zoning by-law in connection with any land use zone, in accordance with Section 36 of the Planning Act. The zoning by-law will allow existing uses to continue in areas covered by the holding symbol and will specify the uses to be permitted, where the principle of development or land use has been established, at such time as the holding symbol is removed by amendment to the by-law. A holding zone may be used to defer development until specified conditions have been met (e.g., to provide adequate infrastructure and public service facilities, to remediate or rehabilitate contaminated or hazardous sites, to limit the use of land in order to achieve the phasing or timing of development, to complete required studies, to ensure that conditions of development or other agreements have been met and to secure financial requirements) Temporary Use By-laws An amendment to the zoning by-law may be passed permitting a temporary use of land or buildings that is otherwise prohibited by the zoning by-law, in accordance with Section 39 of the Planning Act. A temporary use by-law shall be deemed to conform to this Plan, and an amendment to this Plan is not required for a temporary use. P November 2013

143 TUPPER LAKE SUPERIOR MONTREAL RIER HARBOUR ³² RIX SLATER ³² HWY 17 PEEER SMILSKY HOME SAULT STE. MARIE NORTH PLANNING AREA LAND USE SCHEDULE A1 PROPOSED SETTLEMENT PATTERN Legend ³² k Provincial Highway Secondary Highway Built-up Community ³² HWY 17 KINCAID NICOLET RYAN PALMER ³² HERRICK FISHER HWY 17 k BATCHAWANA BAY HWY 563 ³² TILLEY ARCHIBALD MARNE LA ERENDRYE LAKE SUPERIOR LEY KARS DENNIS HAILLAND BAY k HAILLAND ³² FENWICK HWY 17 PENNEFATHER k KARLASH CORNERS k GOULAIS RIER HWY 552 TUPPER ANKOUGHNET ³² KIRBY'S CORNER HWY 17 k k HEYDEN AWERES HWY 552 SHIELDS DEROCHE HWY 556 GAUDETTE HWY 532 k SEARCHMONT HODGINS JARIS ANDERSON DUNCAN CITY OF SAULT STE. MARIE S a u l t N o r t h P l a n n i n g B o a r d

144 7 HIGHWAY 17 1 HIGHWAY 563 Batchawana Bay Provincial Park ³² 2 3 HIGHWAY 563 STONY POINT Batchawana Bay SAULT STE. MARIE NORTH LAND USE SCHEDULE A1A BATCHAWANA BAY SCALE 1:40,000 1, ,000 BUILT-UP COMMUNITY 1. Community Bible Church 2. Batchawana Bay olunteer Fire Department 3. Former C.O. Somes School 4. acant Church 5. Government Dock 6. Cemetery 7. Batchawana Bay Waste Disposal Site (Closed) Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line Hazardous Lands MARCH 2010 S a u l t N o r t h P l a n n i n g B o a r d

145 Havilland SAULT STE. MARIE NORTH Bay Stokely Tier Creek Creek SEC 26 LAND USE SCHEDULE A1B HAILLAND BAY BUILT-UP COMMUNITY 1. Havilland Bay Waste Management Site Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line Hazardous Lands HIGHWAY 17 SEC 35 SEC 34 SEC 38 ³² Waste Disposal 1 SCALE 1:20, MARCH 2010 S a u l t N o r t h P l a n n i n g B o a r d

146 SAULT STE. MARIE NORTH 1 Anglican Church Road SEC 13 HIGHWAY 17 Post Office Road LAND USE SCHEDULE A1C GOULAIS RIER BUILT-UP COMMUNITY FENWICK POINT Rocky Ridge Road ³² HIGHWAY St. James Anglican Church 2. Goulais River United Church 3. Captian Tilley Park 4. Government Dock 5. Cemetery 6. Goulais Public Library 7. Fenwick Waste Management Site (Closed) SEPA South Channel SEC 29 North Channel Goulais SEC 21 4 SEC 28 Goulais Mission Grant Road River Road Island Road Yong's Road Christoper St. HIGHWAY SEC Yong's SEC 26 6 Pine Shores Road 2 3 Corner Pine Shores Road Waste Disposal SEC 25 7 SEC 24 Goulais River Pine Shores Road Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line Hazardous Lands Heavy Aquatic SEPA Light Aquatic SEPA Dynamic Beach Location Wetland Area SEPA Olar Road Old Goulais Bay Road 1:100 Year Flood Plain Sundial Road SEC 32 Water Crescent Pine Shores Road Front Road Thielman Road SEPA Shoreline Environmental Protection Area Pine Shores Road S a u llt N o r t h P lla n n iin g B o a r d SEPA SCALE 1:40,000 1, ,000 MARCH 2010

147 SAULT STE. MARIE NORTH SEC 2 LAND USE SCHEDULE A1D HEYDEN BUILT-UP COMMUNITY Heyden lakes SEC 17 ³² Peace Tree Dr. 9 Baxter Boul. King Cres. 2 SEC 20 SEC HEYDEN OLD HWY. 17 ALGOMA HIGHWAY 17 Birch Grove Road CENTRAL SEC 16 view Drive Leland Cres. Heyden 6 lakes Maki Road Moss lake ALGOMA SEC 21 SEC 28 RAILWAY Trout Road SEC 33 CENTRAL HWY 556 SCALE 1:50,000 2, ,000 MARCH 2010 ³² Maki Cameron Road RAILWAY Lawler Road Red Rock Alton Road Brooks Road HWY 552 SEC 10 SEC 15 Lower Island lake Fin SEC 22 Arbour Road SEC 11 Upper Island Shields Road Mill Road SEC 14 Pants Old Mill Road SEC Beaumont Mobile Home Park 2. Rupert Acres Mobile Home Park 3. Heyden Bible Chapel 4. Gauthierville 5. Aweres/Heyden Fire Hall 6. Aweres Public School & Recreation Area 7. Pioneer Mobile Home Park 8. Shetland Mobile Home Park 9. Peace Tree Subdivision Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line Hazardous Lands S a u l t N o r t h P l a n n i n g B o a r d

148 SAULT STE. MARIE NORTH LAND USE SCHEDULE A1E KARALASH CORNERS BUILT-UP COMMUNITY 1. Mother of God Church 2. Goulais Fire and Rescue 3. Mountain iew Public School 4. Mountain iew Baptist Church 5. Buttermilk Alpine Ski Hill Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line TOWNSHIP OF HAILLAND TOWNSHIP OF FENWICK Probyn Creek Moskal Road Old Highway 17 Karalash SEC 1 ³² Road Yourchuk Road HIGHWAY 17 1 Mahler Road 3 4 Pickard's Road Old Highway 17 TOWNSHIP OF FENWICK 2 Roth Road TOWNSHIP OF ANOUGHNET GREAT LAKES POWER TRANSMISSION LINE 5 Robertson Road SEC 7 McGauhn Road Rose Road SCALE 1:25, SCALE 0 1:25, ,000 1,500 MARCH 2010 S a u l t N o r t h P l a n n i n g B o a r d Anderson Road SEC 12 Buttermilk Alpine Ski Hill

149 SAULT STE. MARIE NORTH LAND USE SCHEDULE A1F KIRBY'S CORNER Post Office Road BUILT-UP COMMUNITY HWY 552 Best Road Robertson SEC 30 Creek SEC 29 SEC 28 SEC 27 HWY 552 Groth BOURDAGES CORNER Eagle Mine Road Road River Kirby Road Legend ³² Provincial Highway Secondary Highway Road Forest Access Road Local Roads Board Road Statute Labour Board Road Public Road Power Transmission Line Railway line Hazardous Lands 1:100 Year Flood Plain SEC 33 Goulais Goulais River SEC 34 KIRBY'S CORNER Bellevue SEC 39 Martha Road Homestead Road Maple Rd. Bellevue Road Monette Road Creek SEC 35 SCALE 1:35,000 1, ,000 HWY 552 MARCH 2010 S a u l t N o r t h P l a n n i n g B o a r d