Oak Ridges Moraine Conservation Plan

Transcription

1 Oak Ridges Moraine Conservation Plan

2 INTRODUCTION Oak Ridges Moraine Conservation Plan TABLE OF CONTENTS About This Plan... 1 Authority to Establish the Plan... 3 Smart Growth and the Oak Ridges Moraine... 3 Purpose of this Plan... 3 The Vision for the Oak Ridges Moraine... 3 Plan Objectives... 4 Land Use Designations... 4 Protecting Moraine Integrity... 5 Some Key Land Use Policies... 6 Boundaries... 6 Review and Amendment... 7 How to Read This Plan... 7 How to Use This Plan... 8 OAK RIDGES MORAINE CONSERVATION PLAN REGULATION (Ontario Regulation **/02, 59 pages) Note: Due to time constraints for copying the materials, the regulation contained in this document does not identify the actual regulation number and Minister s signature. Page OAK RIDGES MORAINE CONSERVATION PLAN LAND USE DESIGNATION MAP IMPLEMENTATION Status and Effect of the Plan... 9 Provincial Obligations and Technical Support... 9 Municipal Implementation... 9 Performance Indicators and Monitoring Plan Review and Amendment... 10

3 Oak Ridges Moraine Conservation Plan The INTRODUCTION and IMPLEMENTATION sections of this document provide both an explanation of the Oak Ridges Moraine Conservation Plan and some additional information for users of the plan that is not found in the Oak Ridges Conservation Act, 2001 or the regulation that establishes the Plan. Although they do not form part of the regulation, they will, when read along with the Oak Ridges Moraine Conservation Act, 2001, and the Oak Ridges Moraine Conservation Plan, help users of the plan understand how to apply the Plan and legislation. While every effort has been made to ensure the accuracy of the information provided in these sections, in the event of a conflict, the Act and the Plan supersede these materials. INTRODUCTION About This Plan The Oak Ridges Moraine Conservation Plan is an ecologically based plan established by the Ontario government to provide land use and resource management direction for the 190,000 hectares of land and water within the Moraine. The decisions of provincial ministers, ministries and agencies made under the Planning Act or the Condominium Act, 1998 or in relation to a prescribed matter, are required to conform with this Plan. Through the legislation and the Plan, the Ontario Government has set a clear policy framework for protecting the Oak Ridges Moraine. This is in keeping with the provincial land use planning system within which municipalities are responsible for implementing provincial policy through their official plans and when making decisions on development applications. Municipal planning decisions shall also conform with this Plan, which takes precedence over municipal official plans. Municipal plans are required to be brought into conformity with this Plan. Nothing in this Plan is intended to prevent municipalities from adopting official plan policies and zoning by-law provisions that are more restrictive than the policies of this Plan, except where prohibited by this Plan. The Oak Ridges Moraine is one of Ontario's most significant landforms. This irregular ridge stretches 160 kilometres from the Trent River in the east to the Niagara Escarpment in the west. The Escarpment and Moraine together form the foundation of south-central Ontario's natural heritage and greenspace systems. Strategically located north of and parallel to Lake Ontario, the Moraine divides the watersheds draining south into western Lake Ontario from those draining north into Georgian Bay, Lake Simcoe and the Trent River system. The Moraine shapes the present and future form and structure of the Greater Toronto region, and its ecological functions are critical to the region's continuing health.

4 - 2 The Moraine has a unique concentration of environmental, geological and hydrological features that make its ecosystem vital to south-central Ontario, including: - clean and abundant water resources; - healthy and diverse plant and animal habitat; - an attractive and distinct landscape; - prime agricultural areas; - sand and gravel resources close to market. The Oak Ridges Moraine is also under increasing pressure for new residential, commercial, industrial and recreational uses which compete with the present natural environment. This Plan builds on years of effort by provincial ministries, the three regions of Durham, Peel and York (Tri-Region Oak Ridges Moraine Strategy), the Conservation Coalition, Morainearea municipalities and key stakeholders, to provide clarity and certainty about the longterm protection and management of this vital natural resource. In May 2001, the Minister of Municipal Affairs and Housing introduced the Oak Ridges Moraine Protection Act, 2001, establishing a six-month moratorium on development on the Moraine in order to allow the government to consult on how to protect the Moraine. The Ontario Legislature unanimously passed this Act, which took effect May 17, and later sunset on November 17, After the passage of the Oak Ridges Moraine Protection Act, 2001, the Minister appointed an Advisory Panel of 13 members drawn from key stakeholder groups, plus a Chair, to advise him on a plan for the future of the Moraine. An Inter-Ministry Team of senior Ontario government officials was also established to work along with the Advisory Panel. During July 2001, the Advisory Panel met and developed a series of recommendations that were incorporated in a public consultation document Share Your Vision for the Oak Ridges Moraine which the Minister released August 14. From August 28 through September 13, 2001 the Advisory Panel and the Inter-Ministry Team participated in day-long stakeholder sessions and evening public meetings in Uxbridge, Caledon East, Vaughan and Cobourg. More than 2,000 people attended these forums. Almost 600 written submissions were received by the Ministry of Municipal Affairs and Housing on this consultation document through submissions made by website , mail and the Environmental Bill of Rights registry. These consultations gave the public and stakeholders an opportunity to contribute to the development of a long term strategy for the Moraine and provide the province with ideas for legislation and a Plan. After this series of stakeholder and public consultation meetings, the Advisory Panel and the Inter-Ministry Team met to finalize their findings and recommendations, which formed the basis of this Plan.

5 - 3 On November 1, 2001, the Minister announced a comprehensive strategy for the Oak Ridges Moraine which included introducing the Oak Ridges Moraine Conservation Act, 2001 (which was passed on December 13, 2001 and received Royal Assent on December 14, 2001), a proposed Oak Ridges Moraine Conservation Plan, a settlement involving a land exchange proposal and the appointment of the interim board of directors for an Oak Ridges Moraine Foundation. Following this announcement, the Ministry continued to obtain input from the public and stakeholders through written, website and Environmental Bill of Rights registry submissions. Just over 600 comments on the comprehensive strategy were submitted during this period. Further input was obtained from submissions made at the Standing Committee hearing on the legislation, held in December These comments provided valuable input into the legislation and the Oak Ridges Moraine Conservation Plan regulation. Smart Growth and the Oak Ridges Moraine The Oak Ridges Moraine Conservation Act, 2001 and the Oak Ridges Moraine Conservation Plan are key elements of Smart Growth. Smart Growth is the Ontario government s long-term strategy for promoting and managing growth in ways that build strong communities, sustain a strong economy and promote a healthy environment. This strategy involves integrating decisions on development, infrastructure and the environment and making sure those decisions are economically sound. Authority to Establish the Plan The authority for the Minister to establish the Plan comes from the Oak Ridges Moraine Conservation Act, Purpose of The Plan The purpose of the Oak Ridges Moraine Conservation Plan is to provide land use and resource management planning direction to provincial ministers, ministries, and agencies, municipalities, municipal planning authorities, landowners and other stakeholders on how to protect the Moraine's ecological and hydrological features and functions. The Vision for the Oak Ridges Moraine The Ontario government's vision for the Oak Ridges Moraine is that of "a continuous band of green rolling hills that provides form and structure to south-central Ontario, while protecting the ecological and hydrological features and functions that support the health and well-being of the region's residents and ecosystems".

6 - 4 Plan Objectives The Oak Ridges Moraine Conservation Act, 2001 establishes the following objectives for the Oak Ridges Moraine Conservation Plan. (a) (b) (c) (d) (e) (f) (g) (h) (i) protecting the ecological and hydrological integrity of the Oak Ridges Moraine Area; ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted; maintaining, improving or restoring all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of its water and its other resources; ensuring that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations; providing for land and resource uses and development that are compatible with the other objectives of the Plan; providing for continued development within existing urban settlement areas and recognizing existing rural settlements; providing for a continuous recreational trail through the Oak Ridges Moraine Area that is accessible to all including persons with disabilities; and providing for other public recreational access to the Oak Ridges Moraine Area; and, any other prescribed objectives. Land Use Designations The Plan divides the Moraine into four land use designations: Natural Core Areas (38% of the Moraine), Natural Linkage Areas (24% of the Moraine), Countryside Areas (30% of the Moraine) and Settlement Areas (8% of the Moraine). S S Natural Core Areas protect those lands with the greatest concentrations of key natural heritage features which are critical to maintaining the integrity of the Moraine as a whole. Only existing uses and very restricted new resource management, agricultural, low intensity recreational, home businesses, transportation and utility uses are allowed in these areas. Natural Linkage Areas protect critical natural and open space linkages between the Natural Core Areas and along rivers and streams. The only uses that are allowed are those allowed in Natural Core Areas, plus some aggregate resource operations.

7 - 5 S Countryside Areas provide an agricultural and rural transition and buffer between the Natural Core Areas and Natural Linkage Areas and the urbanized Settlement Areas. Prime agricultural areas as well as natural features are protected. Most of the uses typically allowed in agricultural and other rural areas are allowed here. Within the Countryside Areas, the Oak Ridges Moraine Land Use Designation Map also identifies and delineates Rural Settlements. These are existing hamlets or similar small, generally long established communities, that are identified in official plans. S S Policies on creating and developing new lots in Natural Core Areas, Natural Linkage Areas and Countryside Areas are very restrictive. Exceptions are permitted in the Moraine's Rural Settlements, the Palgrave Estates Community, and for limited residential development in Countryside Areas in the City of Kawartha Lakes and Peterborough and Northumberland Counties once the municipality has an approved growth management study and a rural economic development strategy, as well as a water budget and water conservation plan. Settlement Areas reflect a range of existing communities planned by municipalities to reflect community needs and values. Urban uses and development as set out in municipal official plans are allowed. The Oak Ridges Moraine Land Use Designation Map identified as Map No. 208 to the Plan Regulation shows the boundaries of the land use designations and the Rural Settlements and their boundaries. The designations and Rural Settlement boundaries may be more precisely delineated in official plans and zoning by-laws as they are brought into conformity with this Plan, in accordance with Section 10 of the Plan. Protecting Moraine Integrity The Plan identifies key natural heritage features (such as wetlands and woodlands)and hydrologically sensitive features (such as kettle lakes and springs). In Natural Core Areas, Natural Linkage Areas and Countryside Areas, only very restricted new resource management, recreational, transportation, infrastructure and utility uses are permitted within these features. Development near these key natural heritage features and hydrologically sensitive features is only allowed if it will not adversely affect these features. In areas with significant landscape character (called landform conservation areas) in Natural Core Areas, Natural Linkage Areas and Countryside Areas, development will have to meet particularly stringent review and approval standards to ensure that the Moraine is protected. Over 85 per cent of the key natural heritage features are within Natural Core Areas or Natural Linkage Areas. The Plan s water resource policies require municipalities to prepare watershed plans, water budgets and water conservation plans to incorporate into their official plans within specified time periods. Restrictions on large scale development are imposed if this work is not completed. Development in wellhead protection areas and areas highly vulnerable

8 - 6 to groundwater contamination is limited. Limitations are also set on impervious surfaces in areas outside Settlement Areas. Some Key Land Use Policies No new aggregate resource extraction is permitted in Natural Core Areas. In Natural Linkage Areas and Countryside Areas, new aggregate resource operations shall have to meet stringent review and approval standards. New major recreation developments such as golf courses are only permitted in the Countryside Areas and shall be required to meet stringent review and approval standards. New transportation and utility corridors or facilities shall only be allowed in Natural Core Areas and Natural Linkage Areas if they are shown to be necessary and there is no reasonable alternative. They shall also have to meet stringent review and approval standards. The trail system through the Oak Ridges Moraine shall provide non-motorized recreational access through the Moraine. Boundaries The Oak Ridges Moraine Area designated under the Oak Ridges Moraine Conservation Act, 2001 is shown on the Plan of the Boundary of the Oak Ridges Moraine Area (a series of 18 sheets) established by Ontario Regulation 01/02. The legislation allows the Minister, by regulation, to establish the Oak Ridges Moraine Conservation Plan for all or part of this Oak Ridges Moraine Area. The outer boundary of this Moraine area generally follows the boundary originally described in publications prepared by the Ontario government in 1990 and This boundary is based on a number of topographical, geomorphological and geological attributes, including the 245 metre (above sea level) contour along the southern boundary of the Moraine from the Town of Richmond Hill to the eastern boundary of the Municipality of Clarington. It has been more precisely defined in Ontario Regulation 01/02 by the Surveyor General employing a method of survey which uses UTM (Universal Transverse Mercator) coordinates. The Plan of the Boundary of the Oak Ridges Moraine Area provides the information for establishing the boundary on the ground by a Licensed Ontario Land Surveyor, under instructions for the Surveyor General for the Province of Ontario. The Plan applies to the Oak Ridges Moraine Conservation Plan Area designated by the Oak Ridges Moraine Conservation Plan Land Use Designation Map. However, the southern boundary of the Plan Area that lies between Bathurst Street in the Town of Richmond Hill and the eastern limit of the municipality of Clarington may be more precisely defined in the Plan as being those lands north of the 245 metre contour as surveyed and contained within the Oak Ridges Moraine Boundary area noted above.

9 - 7 Review and Amendment The Plan shall be reviewed every 10 years to determine whether any revisions should be made. During a review, the Minister shall consult with affected ministries, public bodies and municipalities and ensure that the public is given an opportunity to participate. The 10-year review cannot consider removing land from the Natural Core Areas or the Natural Linkage Areas. How to Read This Plan The Oak Ridges Moraine Conservation Plan consists of: Part I, GENERAL: Describes how the Plan applies, existing uses, previously authorized uses and exceptions regarding site plan approval. Defines planning or technical terms used throughout the Plan. Part II, LAND USE DESIGNATIONS: Describes the purpose, objectives, permitted uses for each of the Moraine s four land use designations, and lot creation policies for Countryside Areas. PART III, PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY: Identifies the Moraine's key natural, hydrological and landform features and describes specific planning, design and development restrictions and requirements that need to be met to protect the integrity of those features. PART IV, SPECIFIC LAND USE POLICIES: Identifies specific planning, design and development restrictions and requirements that may need to be met for specific uses and activities. It also provides policies on lot creation. PART V, PRESCRIBED PROVISIONS: Identifies the sections of the Oak Ridges Moraine Conservation Act, 2001 that apply to Natural Core Areas, Natural Linkage Areas and Countryside Areas for the purposes of transition, according to subsection 15(2) of the Act. Oak Ridges Moraine Conservation Plan Land Use Designation Map: Shows the four designations and the Rural Settlements described in PART II.

10 - 8 How to Use this Plan To find out how this Plan affects a specific area or land use or development proposal on the Oak Ridges Moraine, the Plan regulation must be read in its entirety as follows: 1. Consult the Oak Ridges Moraine Conservation Plan Land Use Designation Map to determine what designation applies to the area. 2. Consult PART II to see the policies for that designation and consult PART III to determine any restrictions or requirements that shall be considered to protect ecological and hydrological integrity. 3. Consult PART IV to determine any additional restrictions or requirements that may apply for the specific use or activity being considered. 4. Consult PART V to determine the prescribed provisions that apply pursuant to subsection 15(2) of the Act. 5. Remember that PART I (GENERAL) applies to all development proposals and land uses, including site alteration. Users of this Plan also need to consult with the appropriate municipality for information on official plan policies and any other municipal requirements. The Plan is not intended to replace the community planning principles reflected in municipal official plans. However, in the event that there is a conflict, the Act and the Plan take precedence.

11 Note: Due to time constraints for copying the materials, the regulation contained in this document does not identify the actual regulation number and Minister s signature. ONTARIO REGULATION made under the OAK RIDGES MORAINE CONSERVATION ACT, 2001 OAK RIDGES MORAINE CONSERVATION PLAN CONTENTS PART I GENERAL 1. Plan 2. Application 3. Definitions 4. Date of commencement of application 5. Prohibition 6. Existing uses, buildings and structures 7. Previously authorized single dwelling 8. Building or structure previously authorized or authorized under s. 17 (1) of Act 9. Exception, site plan approval PART II LAND USE DESIGNATIONS 10. Division of Plan Area, land use designations 11. Natural Core Areas 12. Natural Linkage Areas 13. Countryside Areas 14. Residential development in certain parts of Countryside Areas 15. New lots in Countryside Areas 16. Plans of subdivision, site plan approval and lot creation in Countryside Areas 17. Previously authorized uses, buildings and structures in Countryside Areas

12 2 18. Settlement Areas PART III PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY 19. Purpose and application 20. Supporting connectivity 21. Minimum area of influence and minimum vegetation protection zone 22. Key natural heritage features 23. Natural heritage evaluation KEY NATURAL HERITAGE FEATURES HYDROLOGICAL FEATURES 24. Watershed plans 25. Water budgets and conservation plans 26. Hydrologically sensitive features 27. Subwatersheds 28. Wellhead protection areas 29. Areas of high aquifer vulnerability 30. Landform conservation areas Table LANDFORM CONSERVATION AREAS PART IV SPECIFIC LAND USE POLICIES 31. Application 32. Lot creation 33. Restriction re agricultural uses, mineral aggregate operations, wayside pits 34. Uses accessory to agricultural uses 35. Mineral aggregate operations and wayside pits 36. Comprehensive rehabilitation plans 37. Low-intensity recreational uses 38. Major recreational uses 39. Trail system 40. Small-scale commercial, industrial, and institutional uses 41. Transportation, infrastructure, and utilities

13 3 42. Official plan provisions, wellhead protection areas, areas of high aquifer vulnerability 43. Sewage and water services 44. Partial services 45. Stormwater management 46. Stormwater management plans 47. Rapid infiltration basins and columns PART V PRESCRIBED PROVISIONS 48. Prescribed provisions, subsection 15 (2) of Act 49. Commencement PART I GENERAL Plan 1. In this Regulation, Plan means the Oak Ridges Moraine Conservation Plan. Application 2. (1) This Plan applies to the area shown as the Oak Ridges Moraine Conservation Plan Area on the map entitled Oak Ridges Moraine Conservation Plan Land Use Designation Map, numbered 208, dated April 17, 2002 and on file in the offices of the Ministry of Municipal Affairs and Housing at Toronto. (2) Copies of the land use designation map referred to in subsection (1) are available for public inspection, (a) at the government information office located at the Macdonald Block at 900 Bay Street, Toronto; and (b) at the Ministry of Natural Resources district offices located at, (i) 50 Bloomington Road West, Aurora, and (ii) 300 Water Street, Peterborough. (3) The land use designation map referred to in subsection (1) is also posted on the internet at

14 4 (4) Despite subsection (1), along the part of the southern boundary of the Plan Area that lies between UTM T2034 and UTM T1266 as shown on the plan referred to in subsection 1 (1) of Ontario Regulation 01/02, land is in the Plan Area if, (a) it is above the contour of elevation Canadian Geodetic Vertical Datum 1928 (GDVD28); and (b) it is within the Oak Ridges Moraine Area as designated by Ontario Regulation 01/02. Definitions 3. (1) In this Plan, accessory use means a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot; adverse effect means any impairment, disruption, destruction or harmful alteration; adversely affect means to have an adverse effect on; agricultural uses means, (a) growing crops, including nursery and horticultural crops, (b) raising livestock and other animals, including poultry and fish, for food and fur, (c) aquaculture, and (d) agro-forestry and maple syrup production; agriculture-related uses means commercial and industrial uses that are, (a) small-scale, (b) directly related to a farm operation, and (c) required in close proximity to the farm operation; animal agriculture means growing, producing and raising farm animals including, without limitation, (a) livestock, including equines, poultry and ratites,

15 5 (b) fur-bearing animals, (c) bees, (d) cultured fish, (e) deer and elk, and (f) game animals and birds; aquifer vulnerability means an aquifer s intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality; area of natural and scientific interest (earth science) means an area that has been, (a) identified as having earth science values related to protection, scientific study or education, and (b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; area of natural and scientific interest (life science) means an area that has been, (a) identified as having life science values related to protection, scientific study or education, and (b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; bed and breakfast establishment means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is the principal residence of the proprietor of the establishment; connectivity means the degree to which key natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs;

16 6 development means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include, (a) the construction of facilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or (b) for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; dwelling unit means one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants; earth science values means values that relate to the geological, soil and landform features of the environment; ecological features means naturally occurring land, water and biotic features that contribute to ecological integrity; ecological functions means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio-economic interactions; ecological integrity, which includes hydrological integrity, means the condition of ecosystems in which, (a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, (b) natural ecological processes are intact and self-sustaining, and (c) the ecosystems evolve naturally;

17 7 endangered species means any native species, as listed in the regulations under the Endangered Species Act, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed; farm vacation home means an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment; fish habitat means the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans (Canada); forest access road means a one or two-lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes; forest management means the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities, (a) for the production of wood and wood products, including maple syrup, (b) to provide outdoor recreation opportunities, (c) to maintain, and where possible improve or restore, conditions for wildlife, and (d) to protect water supplies; groundwater recharge means the replenishment of subsurface water, (a) resulting from natural processes, such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams and wetlands, and (b) resulting from human intervention, such as the use of stormwater management systems; habitat of endangered, rare and threatened species means land that,

18 8 (a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species, and (b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; hazardous waste has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; home business means an occupation that, (a) involves providing personal or professional services or producing custom or artisanal products, (b) is carried on as a small-scale accessory use within a single dwelling by one or more of its residents, and (c) does not include uses such as an auto repair or paint shop or furniture stripping; home industry means a business that, (a) is carried on as a small-scale use that is accessory to a single dwelling or agricultural operation, (b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, (c) may be carried on in whole or in part in an accessory building, and (d) does not include uses such as an auto repair or paint shop or furniture stripping; hydrological cycle means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying

19 9 rocks, and in the atmosphere, and water s interaction with the environment including its relation to living things; hydrological features means, (a) permanent and intermittent streams, (b) wetlands, (c) kettle lakes and their surface catchment areas, (d) seepage areas and springs, and (e) aquifers and recharge areas; hydrological functions means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water s interaction with the environment including its relation to living things; hydrological integrity means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity; hydrologically sensitive feature means a hydrologically sensitive feature as described in section 26; impervious surface means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot; kame means a mound, hummock or conical hill of glacial origin; kettle lake means a depression formed by glacial action and permanently filled with water; key natural heritage feature means a key natural heritage feature as described in section 22; landform features means distinctive physical attributes of land such as slope, shape, elevation and relief; landform conservation area means a landform conservation area as described in section 30;

20 10 life science values means values that relate to the living component of the environment; liquid industrial waste has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; lot means a parcel of land that is, (a) described in a deed or other document legally capable of conveying an interest in the land, or (b) shown as a lot or block on a registered plan of subdivision; major development means development consisting of, (a) the creation of four or more lots, (b) the construction of a building or buildings with a ground floor area of 500 m² or more, or (c) the establishment of a major recreational use as described in section 38; meander belt means the land across which a stream shifts its channel from time to time; mineral aggregate means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under that Act; mineral aggregate operation means, (a) an operation, other than a wayside pit, conducted under a licence or permit under the Aggregate Resources Act, and (b) associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related byproducts; natural self-sustaining vegetation means self-sustaining vegetation dominated by native plant species; net developable area means the area of a lot or site, less any area that is within a key natural heritage feature or a hydrologically sensitive feature;

21 11 Oak Ridges Moraine Conservation Plan Area and Plan Area mean the areas described in section 2; partial service means connections linking a building to, (a) a communal sewage or water service or a full municipal sewage or water service, and (b) an individual on-site sewage or water system; portable asphalt plant means a temporary facility, to be dismantled at the completion of a construction project, where, (a) equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and (b) bulk materials used in the process described in clause (a) are kept; prime agricultural area means an area that is, (a) designated as prime agricultural land in the relevant official plan, or (b) identified through an alternative agricultural land evaluation system approved by the Government of Ontario; prime agricultural land means, (a) land where fruit and vegetable crops and greenhouse crops are grown, (b) agriculturally developed organic soil land, or (c) land with Class 1, 2 or 3 soils according to the Canada Land Inventory; rare species means a native species that is not currently at risk of becoming threatened but, because of its limited distribution, small population or specialized habitat needs, could be put at risk of becoming threatened through all or part of its Ontario range by changes in land use or increases in certain types of human activity; retirement home means a building in which, (a) accommodation is provided, mainly for retired persons, (b) common kitchen and dining facilities are provided for the residents, and

22 12 (c) common lounges, recreation rooms and health care facilities may also be provided for the residents; sand barrens means land (not including land that is being used for agricultural purposes and no longer exhibits sand barrens characteristics) that, (a) has sparse or patchy vegetation that is dominated by plants that are, (i) adapted to severe drought and low nutrient levels, and (ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire, (b) has less than 25 per cent tree cover, (c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and (d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; saturated zone means the zone below the water table where the spaces between soil grains are filled with water; savannah means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that, (a) has vegetation with a significant component of non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, (b) has from 25 per cent to 60 per cent tree cover, (c) has mineral soils, and (c) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; self-sustaining vegetation means vegetation dominated by plants that can grow and persist without direct human management, protection, or tending;

23 13 significant means identified as significant by the Ministry of Natural Resources, using evaluation procedures established by that Ministry, as amended from time to time; single dwelling means a building containing only one dwelling unit; site means the land subject to an application; site alteration means activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include, (a) the construction of facilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or (b) for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; subwatershed means an area that is drained by a tributary or some defined portion of a stream; surface catchment area means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland; sustainable, when used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected; tallgrass prairie means land (not including land that is being used for agricultural purposes and no longer exhibits tallgrass prairie characteristics) that, (a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, (b) has less than 25 per cent tree cover, (c) has mineral soils, and

24 14 (d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; threatened species means any native species that is at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed; time of travel means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone; unserviced park means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking lots or permanent water or sewer facilities; valleyland means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year; watershed means an area that is drained by a river and its tributaries; wayside pit means a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the road right of way; wellhead protection area means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field; wetland means land such as a swamp, marsh, bog or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that, (a) is seasonally or permanently covered by shallow water or has the water table close to or at the surface, (b) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and (c) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; wildlife habitat means land that,

25 15 (a) is an area where plants, animals and other organisms live or have the potential to live and find adequate amounts of food, water, shelter and space to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species, and (b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; woodland means a treed area, woodlot or forested area, other than a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees; zone of contribution, when used in reference to a period of time, means the area within which the water pumped from a well originates during that time. (2) Maps illustrating locations of key natural heritage features and areas of natural and scientific interest (earth science) may be made available by the Ministry of Natural Resources. Date of commencement of application 4. (1) For the purposes of this Plan, an application shall be deemed to have been commenced on the day set out in the relevant clause of subsection 15 (4) of the Act. (2) In this Plan, application includes a matter, proceeding or request. Prohibition 5. No person shall, except as permitted by this Plan, (a) use land or any part of it; (b) undertake development or site alteration with respect to land; or (c) erect, move, alter or use a building or structure or any part of it. Existing uses, buildings and structures 6. (1) Nothing in this Plan applies to prevent,

26 16 (a) the use of any land, building or structure for a purpose prohibited by this Plan, if the land, building or structure was lawfully used for that purpose on November 15, 2001 and continues to be used for that purpose; or (b) the erection or use for a purpose prohibited by this Plan of a building or structure for which a permit has been issued under subsection 8 (2) of the Building Code Act, 1992 on or before November 15, 2001 if, (i) the permit has not been revoked under subsection 8 (10) of the Building Code Act, 1992, and (ii) the building or structure when erected is used and continues to be used for the purpose for which it was erected. (2) Nothing in this Plan applies to prevent the expansion of an existing building or structure on the same lot, if the applicant demonstrates that, (a) there will be no change in use; and (b) the expansion will not adversely affect the ecological integrity of the Plan Area. (3) Despite subsection (2), an existing mineral aggregate operation or an existing wayside pit within a Natural Core Area may not be expanded beyond the boundary of the area under licence or permit. (4) Nothing in this Plan applies to prevent the expansion of an existing institutional use, if the applicant demonstrates that, (a) there will be no change in use; and (b) the expansion will not adversely affect the ecological integrity of the Plan Area. (5) Nothing in this Plan applies to prevent the reconstruction, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner s control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use. (6) Nothing in this Plan applies to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion,

27 17 (a) will bring the use into closer conformity with this Plan; and (b) will not adversely affect the ecological integrity of the Plan Area. (7) If an existing use has adverse effects on the ecological integrity of the Plan Area, any application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan. (8) In this section, existing means lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; institutional use includes, without limitation, a long-term care facility, hospital, school, university or college. Previously authorized single dwelling 7. Nothing in this Plan applies to prevent the use, erection or location of a single dwelling if, (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and (b) the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Plan Area. Building or structure previously authorized or authorized under s. 17 (1) of Act 8. Nothing in this Plan applies to prevent the use, erection or location of a building or structure if, (a) the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or (b) the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001 and decided in accordance with subsection 17 (1) of the Act.

28 18 Exception, site plan approval 9. An application for site plan approval under section 41 of the Planning Act is not required to comply with this Plan if it relates to land in respect of which any of the following was commenced before November 17, 2001 and approved after that date: 1. An application for an amendment to a zoning by-law. 2. An application for approval of a plan of subdivision under section 51 of the Planning Act. 3. An application for approval or exemption from approval for a plan of condominium under section 9 of the Condominium Act, PART II LAND USE DESIGNATIONS Division of Plan Area, land use designations 10. (1) The Oak Ridges Moraine Conservation Plan Area is divided into areas subject to the following land use designations, as shown on the land use designation map referred to in section 2: 1. Natural Core Areas, which are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. 2. Natural Linkage Areas, which are areas forming part of a central corridor system that support or have the potential to support movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors. 3. Countryside Areas, which are areas of rural land use such as agriculture, recreation, residential development, Rural Settlements, mineral aggregate operations, parks and open space. Rural Settlements, which form part of Countryside Areas and are existing hamlets or similar existing small communities, generally long-established and identified in official plans, are also shown on the land use designation map referred to in section Settlement Areas, which are areas designated for development of an urban type permitting a range of residential, commercial, industrial and institutional uses. (2) When official plans and zoning by-laws are amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, the boundaries of the

29 19 Natural Core Areas, Natural Linkage Areas, Countryside Areas, Rural Settlements and Settlement Areas may be further defined, in a manner that is consistent with the land use designation map referred to in section 2, but with greater precision than the map can show, and subject to subsection (4). (3) The further definition of boundaries described in subsection (2) does not require an amendment to this Plan. (4) The outer boundary of the Plan Area shall not be further defined under subsection (2). Natural Core Areas 11. (1) The purpose of Natural Core Areas is to maintain and where possible improve or restore the ecological integrity of the Plan Area, by, (a) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions; (b) maintaining or restoring natural self-sustaining vegetation and wildlife habitat; (c) maintaining the quantity and quality of groundwater and surface water; (d) maintaining groundwater recharge; (e) maintaining natural stream form and flow characteristics; and (f) protecting landform features. (2) Natural Core Areas also have the objectives of, (a) accommodating a trail system through the Plan Area and trail connections to it; and (b) providing for limited economic development that is compatible with clause (a) and subsection (1). (3) The following uses are permitted with respect to land in Natural Core Areas, subject to Parts III and IV: 1. Fish, wildlife and forest management.