History of Plan Preparation, Adoption and Approval

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History of Plan Preparation, Adoption and Approval
Office Consolidation
Regional Niagara
Policy Plan
Volume I
This Office Consolidation contains all the text and maps approved as
of July 10, 2007. Volume I contains the approved policies and
Volume II contains the Appendices which do not form part of the
Plan.
The Regional Municipality of Niagara
July 2007
Publication # 91
CONTENTS
REGIONAL NIAGARA POLICY PLAN
TABLE OF CONTENTS
Volume 1 – Policies (Note: see Volume II for Appendices)
Page
List of Maps ............................................................................................................. iii
History of Plan Preparation, Adoption and Approval.........................................iv
Introduction .............................................................................................................vi
Definitions..............................................................................................................viii
Section
One
Physical and Economic Background............................................1
Two
Planning Background .....................................................................6
Three
Regional Strategy for Development and
Conservation..................................................................................10
Four
Economic Development and Tourism ........................................15
A. The Greater Niagara Circle Route & Related Trails
Introduction .......................................................... 15
Objectives ............................................................ 16
Policies................................................................. 17
B. The Twenty Valley/Jordan Harbour Tourist Area
Introduction .......................................................... 22
Objectives ............................................................ 23
Policies................................................................. 24
Five
Urban Areas ...................................................................................28
Objectives for Urban Areas……………………………...29
Policies for Urban Areas................................................30
Industrial ..................................................................33
Commercial .............................................................33
Residential ...............................................................36
Six
Agriculture and Rural Areas.........................................................42
Objectives for Agriculture………………………………..42
A Policies for Agriculture .............................................43
B Policies for Rural Areas ...........................................52
C Policies for Villages and Hamlets ............................57
i
CONTENTS
Seven
Natural Resources and Environmental Areas............................60
A
B
C
D
E
F
G
H
Eight
Public Utilities ..............................................................................115
A
B
C
D
E
Nine
Recreation and Open Space................................... 61
Environmentally Sensitive Areas...........................62
Shorelines ............................................................... 65
Hazard Lands.......................................................... 68
Mineral Resources .................................................. 69
Historic Sites and Buildings..................................... 78
Forest Resources.................................................... 79
Niagara Escarpment Plan....................................... 80
Water and Sewage Works .................................... 116
Staging and Location of Services ......................... 117
Land Drainage....................................................... 121
Solid Waste Disposal ............................................ 121
Other Utilities ......................................................... 122
Transportation..............................................................................123
A
B
C
D
E
F
The Regional Road System .................................. 124
Public Transit......................................................... 145
Railroads ............................................................... 145
Airports .................................................................. 146
Welland Canal ....................................................... 146
Bicycling................................................................. 146
Ten
Community Services and Facilities...........................................150
Eleven
Finance..........................................................................................151
Twelve
Implementation ............................................................................152
Volume II – Appendices (Note: Volume II is a separate document)
Appendix A
Community Services and Facilities...........................................166
Appendix B
Planning Period and Permanence .............................................167
Appendix C
List of Original Documents and Amendments.........................169
Appendix D
Adopted Amendments ................................................................189
ii
MAPS
LIST OF MAPS
Page
Regional Niagara Strategy for Development
and Conservation...................................................................................................14
The Greater Niagara Circle Route and Related Trails .......................................21
The Twenty Valley/Jordan Harbour Tourist Area Map ......................................27
Urban Areas Boundaries Map
( See Back Map Pocket )
Agricultural Land Base Map .................................................................................48
Environmental Areas Map.....................................................................................67
Mineral Resources Maps.................................................................... 71, 72, 73, 75
Interim Road Proposals.......................................................................................132
Regional Niagara Bicycling Network Map.........................................................149
iii
HISTORY OF PLAN
History of Plan Preparation,
Adoption and Approval
When the Niagara Region was formed according to The Regional Municipality of
Niagara Act in 1970, the Niagara Regional Council was directed to prepare, adopt and
forward to the Minister for approval an Official Plan for the regional area before the 31st
day of December, 1973. Consultants were employed during 1971 and 1972 to prepare a
"working draft" plan. This was reconsidered during 1973 and the Regional Council
adopted a plan and submitted it to the Minister on December 31st, 1973, for approval, with
some portions of it not completed. Commercial policies and urban areas boundaries maps
were considered and adopted in 1974.
The Province informed Regional Council, in September, 1975, that the urban areas
boundaries were too large and should be reduced. After many months of review, Council
made reductions to the urban areas boundaries in August, 1976. In February, 1977, the
former Minister of Housing, the Honourable John Rhodes, proposed some further
reductions in the urban areas boundaries.
During the period up to the end of 1977, Regional Council also made various small
amendments to the urban areas boundaries and the text of the Policy Plan. The
agricultural, rural and environmental policies included in the 1973 Policy Plan were
reviewed and reconsidered by the Region during 1977 and early 1978. As a result,
amended policies, under the title "Amendment One", were submitted to the Minister for
approval.
On June 16, 1978, the Minister of Housing, the Honourable Claude Bennett, officially
approved a large portion of the Policy Plan as submitted by Niagara Regional Council.
The Minister also:
•
made some modifications as requested by Regional Council;
•
referred numerous portions of the Urban Areas Boundaries Maps and some text to
the Ontario Municipal Board for a decision;
•
deferred his decision on some other parts of the Plan; and
•
modified and then approved portions of the Urban Areas Boundaries Maps in
accordance with the Minister of Housing's statement of February 16, 1977.
Amendment One (the sections of the Plan - Four, part of Five, Six, Seven and Part of
Twelve - which were amended by Regional Council in 1978) was referred to the Ontario
Municipal Board later.
The Ontario Municipal Board held a hearing from October 16, 1978, to December 6, 1978,
concerning portions of the Urban Areas Boundaries Maps within the Cities of Port
iv
HISTORY OF PLAN
Colborne, Niagara Falls and Thorold, and issued its decision which approved some parts
and modified other parts of the Urban Areas Boundaries Maps for those Cities.
The Ontario Municipal Board held a very lengthy hearing, continuing from November 13,
1979, to November 5, 1980, to consider the many portions of the Urban Areas Boundaries
Maps for the City of St. Catharines and the Towns of Grimsby, Lincoln,
Niagara-on-the-Lake and Pelham, and all of Amendment One. Its decision of February
27, 1981, approved some parts and modified other parts of the maps and text.
As a result of the above process commencing in 1971 and concluding early in 1981, the
Regional Niagara Policy Plan was in a nearly complete and approved form, as reproduced
in the 1983 and 1988 Office Consolidations. In response to several petitions, the
Provincial Cabinet made two changes to the text in August, 1981.
Since Amendment One was adopted by Regional Council in June, 1978, there have been
a number of other amendments. These are listed in Appendix C. Those which have been
approved by the Minister, the Ontario Municipal Board, or after a decision by Regional
Niagara, are incorporated into this Office Consolidation.
Amendments 58, 59 and 60 were the result of a lengthy review of the Policy Plan initiated
in 1988. They were adopted by Council in 1991 and approved by the Province in 1994
with some amendments and deferrals of some disputed portions. The deferred portions
were modified and approved in 1997.
A detailed list of the original documents and the approving or amending statements which
form the basis for this Policy Plan is provided in Appendix C.
v
INTRODUCTION
Introduction
The Regional Municipality of Niagara is one of several Regional governments which has
been established by the Province of Ontario since 1969. Regional government in Ontario
is designed to:
a. Provide a high level of services to the residents of the Region and to provide these
services in as efficient a manner as possible.
b. Reorganize and streamline the operation and administration of local government.
c. Establish administrative procedures and mechanisms to deal with problems and
issues whose effects extend beyond the limits of any one local municipality's
political boundaries.
The challenge posed by Regional government is to accomplish the above broad purposes
and yet to remain responsive and responsible to the needs and desires of the residents of
the Region.
The Regional Municipality of Niagara Act reduced the number of local municipalities
from 26 to 12 and established the Region with full or shared responsibilities for:
i
The collection and treatment of sewage (shared),
ii
The treatment and distribution of water (shared),
iii Regional roads,
iv Health and welfare services,
v
Police,
vi Capital budgeting and borrowing, and
vii Planning (shared).
Planning was established as a joint responsibility to be shared by the local municipalities
and the Region. However, the Regional Act and now the Planning Act, 1990 designates
the Regional Plan as the paramount document. Section 27(1) of the Planning Act states:
"The Council of a local municipality shall amend every official plan and every by-law
passed under Section 34 or a predecessor of it to conform with a plan that comes into
effect as the official plan of a county, regional, metropolitan, or district municipality.”
vi
INTRODUCTION
The Regional Municipality of Niagara Act specified that a Regional Plan be prepared
and submitted to the Province for approval by the end of 1973. Section 92(2) of the Act
stated:
"The Regional Council, before the 31st day of December, 1973, shall prepare, adopt
and forward to the Minister for approval an Official Plan for the Regional Area."
vii
DEFINITIONS
Definitions
In this Plan,
"Agricultural Areas" means those areas outside of the Urban Areas Boundaries
suitable for agriculture and approximately shown on the Agricultural Land Base
Map contained in this Policy Plan as Good Tender Fruit, Good Grape or Good
General Agriculture;
“Agricultural-related Uses” means 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;
A “Bona Fide Farmer” is an individual who:
(i) owns, is employed on, and manages a farm operation;
(ii) earns a majority of his/her income from farming (the scale of the farm
operation should be capable of generating a reasonable operating profit
under "normal" economic conditions);
(iii) spends a majority of his/her working time on the farm and is available to
work on the farm when required by the farm operation;
(iv) demonstrates a continuing commitment to the farm operation, such as
through farm maintenance practices, and investment in equipment,
buildings, and crops; and
(v) for the purposes of this definition, a farmer is defined as the principal
operator of the farm together with his/her spouse.
"Local Municipality" refers to one of the twelve area municipalities as constituted by
The Regional Municipality of Niagara Act;
“Mineral Aggregate Operation” means:
i.
An operation, other than “wayside pits and quarries”, conducted under a
license or permit under the Aggregate Resources Act or successors
thereto; and
ii. Associated accessory facilities used in extraction, transport, beneficiation,
processing or recycling of mineral aggregate resources and derived
products such as asphalt and concrete, or the production of secondary
related products.”
viii
DEFINITIONS
"Province" means the Province of Ontario or the relevant Minister of the Provincial
government;
"Region" means the Regional Municipality of Niagara;
“Residence Surplus to a Farm Operation” is an existing farm residence that is
rendered surplus as a result of farm consolidation (the acquisition of additional
farm parcels to be operated as one farm operation);
"Rural Areas" means those areas outside of the Urban Areas Boundaries which
have limited or no capability for agriculture and approximately shown on the
Agricultural Land Base Map contained in this Policy Plan as Rural;
"Urban Areas" means those areas shown as being within the Urban Areas
Boundaries as defined by this Policy Plan.
ix
SECTION 1
SECTION 1
Physical and
Economic Background
SECTION ONE
PHYSICAL AND ECONOMIC BACKGROUND
1. Physical and
Economic Background
The Regional Municipality of Niagara is located in Southern Ontario between Lake Erie
and Lake Ontario. It corresponds approximately to the area commonly referred to as the
"Niagara Peninsula" and will be referred to here as simply "the Region". It is bounded on
the east by the Niagara River and the State of New York, and on the west by the Regional
Municipalities of Hamilton-Wentworth and Haldimand-Norfolk. The Region is at one end
of the band of urban development around the western end of Lake Ontario.
The Region was formed in 1970 and includes all of the areas within the boundaries of the
former Counties of Lincoln and Welland. There are twelve local municipalities within the
Region; these were formed by the rearrangement and amalgamation of the twenty-six
municipalities which existed before 1970.
1
SECTION ONE
PHYSICAL AND ECONOMIC BACKGROUND
The Queen Elizabeth Way and other provincial highways place most of the Region within
ninety minutes' travel time of Toronto. Hamilton-Wentworth, with a population of over
400,000, is about thirty minutes away from the centre of the Region. Four road and two
rail bridges connect the Region to the western part of New York State. About 2,500,000
people live along the United States' side of the Niagara River. The developing industrial
complex at Nanticoke, on the shore of Lake Erie to the southwest, is about an hour's travel
time from the centre of the Region.
Physical Characteristics
The "Niagara Peninsula" area is not a true peninsula but is a narrow neck of land
stretching between Lakes Erie and Ontario. The Niagara Escarpment, running east-west
through the northern part of the Region, is roughly 100 metres (300 feet) high and is the
dominant physical feature of the Region. A second Escarpment, the Onondaga, parallels
Lake Erie in the southern part of the Region. It is a much less prominent physical feature.
Centrally located in the Region is the Fonthill Kame Moraine, the highest point in the
Region. The sand and silt soils on this moraine and along the Lake Ontario Plain are
highly suited for the growing of peaches, cherries and grapes. Few other areas in North
America have their potential.
Land drainage in the fruit-growing areas is good, but is only moderately good to poor
throughout much of the rest of the Region. Large swamps are located in the southern part
of the Region.
2
SECTION ONE
PHYSICAL AND ECONOMIC BACKGROUND
The Great Lakes are a moderating influence on climate. Temperatures rarely dip below
-18oC, and there are more frost-free days than in most of Ontario. Snowfall is generally
lighter than in the rest of the Province.
While climate and soils provide excellent conditions for agriculture along the Lake Ontario
Plain, much of the central part of the Region is used for general agriculture. Rock
outcroppings along portions of the Lake Erie shore are an obstacle to most types of
development.
Industry
The industrial economic base of the Region is mature and stable. Many of the industries
were attracted to the area because of good transportation facilities, including the Welland
Canal, and the availability of cheap hydro-electric power. These industries have exhibited
low rates of employment growth in recent years.
Each of the urban communities has a different industrial base. The St. Catharines-Thorold
community finds the majority of its manufacturing employment in the production of
automotive parts and paper products. Tourism, the manufacture of finished products,
chemicals and abrasives, provides much of the employment in Niagara Falls, while
Welland relies on specialty steel and steel pipe production. Port Colborne's major
employer is a metal refinery. Aircraft parts are produced in Fort Erie. Many small
manufacturing concerns or service industries are located in the urban communities, often
providing materials or services for the major employers.
3
SECTION ONE
PHYSICAL AND ECONOMIC BACKGROUND
All urban communities are actively soliciting new industrial and commercial ventures, and
sizable industrial parks have been set aside throughout the Region.
Agriculture
Agriculture is an important industry in the Region. Fruit and vegetable crops, poultry,
livestock, greenhouse products and general crops are large categories of agricultural
production. The fruit-processing industry and the wine industry are two important
secondary industries which depend on a viable agricultural industry.
There are approximately 2,700 farms of various sizes and types in the Region. Past
trends have been toward larger-scale operations and, as a result, the number of farms has
been dropping. Similarly, the total farm population in the Region has been dropping.
Tourism
Tourism has long been an important part of the economic base of the Region. The famed
Niagara Falls is a major tourist attraction of North America and attracts millions of visitors
each year. Many thousands of persons per day visit the excellent beaches, camping
facilities and amusement areas along the Lake Erie shoreline. Summer cottages line Lake
Erie. The Shaw Festival at Niagara-on-the-Lake, and the historic atmosphere of that
Loyalist Town, attract additional thousands of summer vacationers. More attractions are
found at historic sites, mostly from the period of the War of 1812. The locks and channel
of the Welland Canals are becoming increasingly popular.
Present Urban Pattern
Urban development in the Niagara Region is predominantly characterized by the growth of
separate and identifiable urban nodes in a linear pattern along the Q.E.W. and Welland
Canal transportation corridors.
There is a considerable range in populations among the individual municipalities. For
example, St. Catharines, with a 1996 population of about 130,926, is the largest
municipality, while Wainfleet, with a 1996 population of 6,203, is the smallest. The three
largest municipalities in the Region, St. Catharines, Niagara Falls and Welland, account
for about two-thirds of the total Regional population.
Each of the communities is old by Ontario standards, having been founded at least 150
years ago. Niagara-on-the-Lake and Fort Erie owe their existence to the forts which are
located there. St. Catharines started as an inland trading and milling centre. The
hydroelectric capacity of the Niagara River, together with the tourist potential of the "Falls",
provided the impetus for the growth of the City of Niagara Falls. Welland, Thorold and
Port Colborne grew in response to the building of the Canal. Grimsby began as a market
town.
4
SECTION ONE
PHYSICAL AND ECONOMIC BACKGROUND
As there were individual reasons for the establishment of the urban communities, there
has been little inter-municipal activity. Daily newspapers and radio stations are based in
each of the three largest cities. Each community developed its own industrial base, and
individual retail areas grew within each centre. Some smaller centres have been engulfed
by the development of adjacent dominant communities. Much of this took place during
major annexations and amalgamations in 1960-61 and again in 1970 with the formation of
the Regional Municipality. While the major communities remain separated today by
substantial tracts of rural or semi-rural land, growth is bringing them closer together. The
St. Catharines community and the urban part of the City of Thorold are geographically
attached. Welland is rapidly reaching out toward the urban part of the Town of Pelham.
5
SECTION 2
SECTION 2
Planning Background
SECTION TWO PLANNING BACKGROUND
2. Planning Background
Purpose of an Official Plan
In Ontario, there is no broad consensus of opinion at either the provincial or municipal
level as to what constitutes an acceptable form and content for an official plan. The
Planning Act of Ontario, the most important piece of provincial planning legislation, is
silent on this topic.
Municipal official plans are generally comprehensive documents setting out policies for the
physical, economic, and, more recently and to a lesser extent, the social development of a
specific geographic area or political jurisdiction. Although comprehensiveness is an
impossible ideal, the approximation of the ideal is perhaps the most important
characteristic of an official plan. The official plan can establish development and
conservation objectives and policies, assign priorities, establish phasing, and set out social
and financial guidelines for a community.
The policies in an official plan are public in that they are approved by a municipal council.
The policies should represent the overall public interest and yet take into consideration the
particular values and needs of the various minorities.
The planning period customarily adopted for an official plan is 20 to 25 years. This time
period is justified on the basis that it is short enough to develop reliable projections of the
future and yet long enough to account for most forces and trends operating in the urban
environment.
Zoning by-laws are a means of regulating the actions of individual landowners. They
function as a "permit" to develop, and should carry out the proposals of the official plan.
Some zoning by-laws which indicate in advance the types of development which will be
permitted appear somewhat similar to an official plan with respect to land use.
Existing Local Planning Controls
The Region is composed of 12 local municipalities each with the responsibility for
exercising a variety of planning controls within its own political jurisdictions. The two
principal planning tools are the Official Plan and the Zoning By-law. Many of the 12 have
up-to-date, approved official plans, but all those without are actively engaged in preparing
such plans.
There is a great variety of zoning by-laws within the Region and they cover most, but not
all, of the Region. Some of these are detailed, complete and up-to-date, but in many
cases they were prepared many years ago and need revision, or are incomplete in the
area covered or in content. In other cases, the uses permitted are in conflict with official
plan proposals.
6
SECTION TWO
PLANNING BACKGROUND
Present and Future Planning Responsibilities
Planning in the Niagara Region is influenced by the decisions of all levels of government:
Federal, Provincial, Regional and Local. Each tier of government has an appropriate
planning role. However, to be most effective, planning must be a co-operative and shared
responsibility.
The Federal Government has major responsibilities including the regulation of air traffic,
the Welland Canal, railroads, trade and the protection of international boundaries. While a
regional municipality has no constitutional authority for interfering in these areas, any
regional plan should at least recognize areas of joint concern and facilitate cooperative
action.
The Provincial Government has prime responsibilities for such things as: provincial
highways, the protection of the environment, the provision of some public utilities, property
assessment and many aspects of municipal development. The Province has become
directly involved in preparing plans. One plan of interest to this Region is the Niagara
Escarpment Plan. Since 1983, the Province has been preparing and issuing Policy
Statements under Section 3 of the Planning Act on matters considered to be of Provincial
interest.
Municipalities in Ontario normally have responsibility (with some supervision from the
Province) for planning, for regulating the use of land and the construction of buildings, for
the provision of local roads, for the provision of a public water supply, for the collection and
treatment of sewage, for fire protection and for many other services. Municipal budgets to
provide these services are heavily dependent on Provincial financial assistance.
The Region of Niagara has been given direct responsibility for planning, for the treatment
and distribution of water, for solid waste management, for the collection and treatment of
sewage, for regional roads, for health and welfare services, for police services, and for
capital budgeting and borrowing.
The Region's responsibilities are complete in some of the above cases and are shared
with the local municipalities in other cases, such as planning, the distribution of water and
the collection of sewage.
A major decentralization of planning powers from the provincial to the regional
governments is part of a continuing program to strengthen local government. The
Regional Municipality of Niagara is responsible for:
(1)
the review of municipal zoning by-laws
September 1, 1974);
(2)
the monitoring of Committee of Adjustment and Land Division Committee
decisions (granted September 1, 1974), and
(3)
the approval of local official plans and official plan amendments.
7
and amendments
(granted
SECTION TWO PLANNING BACKGROUND
The approval of Amendments to the Regional Policy Plan remains a Provincial
responsibility. However, the Region has been exempted from the need to seek Provincial
approval for Policy Plan Amendments.
Preparation of the Regional Plan
The preparation of an official plan is a difficult process. It requires a search for and
evaluation of people's hopes and dreams, a choice between various priorities and
objectives, the consideration of the needs of the majority versus those of minorities, the
protection of our environment for future generations, and the recognition of changing
values in a rapidly changing world.
The preparation of this Regional Plan has involved many years of work. A series of twelve
research reports and five discussion papers were produced by the Region's consultant at
various intervals throughout the period of the Plan preparation. These support documents
extended over a variety of topics including economic base, agriculture, land use, servicing,
environments, etc.
Several alternative long-range development proposals were prepared and, after review,
three of these concepts were selected for detailed study. These concepts were titled:
1)
A "Separate City Concept" which emphasized the maintenance of rural
separations between the major cities to help preserve identifiable communities.
2)
The "New Highway Corridor Concept" which was based on a new major
highway corridor above the Escarpment and emphasis on future development
above and south of the Escarpment.
3)
The "Trends Concept" which was based on existing trends and anticipated the
development of most of the Lake Ontario Plain north of the Escarpment plus a
merging together of most of the large urban communities.
These three concepts were discussed at considerable length in public meetings, in
meetings with representatives of local municipalities and among Regional representatives.
From these discussions, there was some preference shown for Concept 2, followed by
Concept 1, with the conclusion that the best features of each should be amalgamated for
the preparation of the Regional Plan.
A Working Draft of the Regional Official Plan was submitted by the Region's consultants to
Regional Council at the end of 1972 for public distribution. A series of meetings were held
in each of the twelve local municipalities to discuss the Working Draft with local councils
and the public. In addition, Regional and Provincial staff held a series of liaison meetings
in order to analyze the document. The briefs and comments received were reviewed by
the Regional Planning and Development Committee. The majority of comments stressed
the need for a more conservation- and preservation-oriented Plan with a clearer definition
of Regional and local responsibilities. Based on these comments, extensive revisions
were undertaken in the form, content and guiding philosophy of the Regional Plan. The
result of this review is the Policy Plan which follows.
8
SECTION TWO
PLANNING BACKGROUND
During the mid-1970s the Urban Area Boundaries were the subject of extensive review by
the Region and by the Province. The Agricultural and Rural Areas Section and the
Environmental Areas Section were revised in 1976 and 1977. A major OMB hearing was
held in 1979 and1980 to consider the Urban Areas and revised the sections of the Policy
Plan. In February 1981 the OMB delivered its decision.
A major review of the Plan resulted in the adoption by Regional Council in November
1991 of revised Regional Strategic Objectives, Agricultural and Rural Areas policies, and
Urban Areas policies. These revised policies were modified and approved by the Minister
of Municipal Affairs in December 1994.
There have been numerous minor amendments to the Policy Plan over the years.
9
SECTION 3
SECTION 3
Regional Strategy
for
Development and Conservation
SECTION THREE
REGIONAL STRATEGY
3. Regional Strategy for
Development and
Conservation
In many ways, the Niagara Region is a community of communities and this is becoming
increasingly so. It is made up of towns and cities, hamlets and rural areas, all linked
together by social and economic ties. People live in one community and shop and work in
another. They have ties of friendship and family relations to other communities and enjoy
recreational and social activities around the Region.
As a community, Niagara has special qualities, rooted in its rich cultural and historical
heritage, its unique mix of natural resources, and in its diversity. It offers a mix of the
urban and the rural, of small hamlets and bustling cities, of specialty farmlands and
sensitive natural areas, of heavy industry and scenic tourist spots. It is seen as a special
area known for Niagara Falls and the Welland Canal, for historic sites such as Niagara-onthe-Lake and historic Fort Erie, and for its orchards and vineyards. Both those who live
here and those who visit as tourists value the special qualities that Niagara has to offer.
The preservation and enhancement of the Region's special character will be important to
the quality of life here in the future. At the same time, though, it is also important to
provide for economic development and housing to meet the needs of those who live in
Niagara. The challenge is to provide a balance between conservation and development.
At the Regional scale, there is the opportunity to achieve such a balance, accommodating
urban development while conserving resources and protecting the environment.
Increasingly, economic development at the community level is influenced by quality of life
issues such as environmental health and quality, housing mix and affordability, the quality
of public services, and the range of educational and recreational facilities. There is the
opportunity to establish a framework to guide change that will preserve and enhance what
is special about Niagara while also accommodating growth and new development.
To this end, seven strategic objectives have been identified along with underlying
principles which assist in the attainment of the objectives.
10
SECTION THREE
REGIONAL STRATEGY
Strategic Objectives
3.1
3.2
3.3
3.4
To recognize the diversified opportunities and needs in Niagara by balancing
both urban development and the conservation of natural resources.
•
A choice of housing and employment locations.
•
Development and efficient use of lands within the existing urban boundaries
first.
•
Conservation of natural resources (e.g., fishery habitat, Areas of Natural and
Scientific Interest, natural areas, wildlife habitat, waterways, Niagara
Escarpment, wetlands, aggregate areas, and woodlots).
•
Minimization of conflicts between incompatible land uses.
To facilitate and maintain a pattern of distinctive and identifiable urban
communities.
•
Separation between urban areas.
•
Integrated urban communities.
•
A variety of housing suited for each urban area.
•
Recognition of historical features.
•
Provision of opportunities for selective rural development in areas of poor
agricultural land where farming activities would not be adversely impacted.
To encourage two discontinuous development corridors, one between
Thorold and Port Colborne and the other between Niagara Falls and Fort
Erie, through enabling public policies.
•
Preferred locations for additional residential and employment areas based on
studies showing the Regional need for additional land.
•
Access to be improved by completion of Highway 406 and the mid-peninsula
transportation corridor.
•
Corridors to recognize natural resources and protect environmental features.
•
Orderly, staged development within the corridors.
To preserve and enhance the ecological processes and life-support systems
essential for sustaining human well-being and the health of the natural
environment.
•
Importance of water quality (e.g., as a source of drinking water, and for fishery
habitat).
11
SECTION THREE
3.5
3.6
REGIONAL STRATEGY
•
Public facilities to protect water quality.
•
Air quality improvements by good urban design, reduced commuting, and
linking residential and employment areas.
•
Contributions of natural areas (e.g., wetlands).
To improve regional self-reliance through long-range economic development
planning and economic diversification.
•
Attraction of more employment through existing or new firms.
•
Creation of tourism development opportunities.
•
Importance of affordable housing.
•
Relating employment and residential areas to discourage commuting.
To provide for the conservation and wise use of Niagara's agricultural and
other natural resources, through environmentally sound resource use
without compromising the needs of future generations.
•
Advocate and support government policies and programs which promote the
agricultural industry.
•
Protection of farmers' right-to-farm by minimizing the introduction of
incompatible land uses within the agricultural areas.
•
Preserve agricultural lands with highest priority being given to the protection of
the unique agricultural lands.
•
Preference for urban development on lower quality agricultural land.
•
Conservation of forest resources, fisheries, and significant landscape features.
•
Wise use of mineral aggregate resources.
12
SECTION THREE
3.7
REGIONAL STRATEGY
To undertake and support those activities which improve the quality of life
for the Niagara community.
•
Importance of quality of life in community development through housing,
employment, services, agriculture, environmental quality, and natural features.
Strategic Statement
These seven objectives taken together provide the basis for a Regional Strategy to guide
development and change in Niagara. This Strategy represents a balance among the
various objectives, a balance between development and conservation. The combined
objectives are to:
(1)
Provide a broad framework against which to assess major development
proposals and planning documents, Regional capital expenditures and
servicing plans, and Provincial initiatives; and
(2)
Provide the basis for the objectives and detailed policies contained in the
other sections of this Plan.
The Regional Strategy for Development and Conservation Map illustrates the Strategy in a
very schematic and approximate way. The Map provides guidance as to the broad
direction for development and conservation in the Region. It does not indicate specific
development areas or locations. The strategic objectives are made more specific in the
policies and policy maps found elsewhere in this Plan.
The emphasis in the Strategy is on issues of Regional concern. The local municipalities
have a significant contribution to make in developing more detailed policies within the
overall framework provided by the Strategy as well as in developing other policies to
address more local issues.
13
SECTION 4
SECTION 4
Economic Development
and
Tourism
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
4. Economic Development
and Tourism
Tourism plays a very important role in Niagara’s economy, providing employment and
generating business for support service and supply industries. It is an industry with
significant growth potential. The policies in this Plan are designed to support the
continued growth and development of Niagara as a tourist destination while maintaining
those special qualities that make the Region attractive both to tourists and to residents.
4.A
The Greater Niagara Circle Route and Related Trails
Introduction
The Greater Niagara Circle Route as shown on the map entitled “The Greater Niagara
Circle Route and Related Trails” would link the Niagara River with the Welland Canals. It
would consist of:
x
A scenic drive that would provide visitors and residents alike with a scenic
route linking various attractions within the Region;
x
A recreational trail providing an attractive setting for physically active users
such as walkers, cyclists and rollerbladers. This will include the Welland
Canals Trail, the Friendship Trail, the Niagara River Recreation Trail and the
Lake Ontario Waterfront Trail between Niagara-on-the-Lake and Port Weller.
The Niagara River Parkway and the Niagara River Recreation Trail have a history of
success in attracting tourists and residents alike and providing them with attractive and
enjoyable recreational opportunities. The Parkway and Trail have played a significant role
in making Niagara a major tourist destination and enhancing the quality of life for local
residents. The Greater Niagara Circle Route would build on this success and on the
potential offered by the Welland Canals Parkway and Trails.
In linking the Niagara River Parkway with the Welland Canals corridor, the Greater
Niagara Circle Route would play an important role in supporting the further development of
Niagara as a tourist destination. It would draw visitors to attractions in other parts of the
Region, in effect offering more to the tourist. At the same time it would benefit local
residents by providing opportunities for healthy outdoor activities, promoting healthy
lifestyles in Niagara and enhancing the quality of life in the Region.
The Trans Canada Trail and the Lake Ontario Waterfront Trail would provide links
connecting the Greater Niagara Circle Route to other trail systems outside Niagara. In so
doing they would enhance the value and attraction of the Circle Route. The Welland
Canals East Side Trail would provide opportunities for different types of users than would
use the Greater Niagara Circle Route. Finally the promotion of two recreational driving
routes is encouraged to support tourism. These are a Wine Route and a Lake Erie North
Shore Route (Talbot Trail).
15
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Objectives
Objective 4.A.1
To promote and coordinate the development of a Greater Niagara
Circle Route connecting the Welland Canals and the Niagara River
to form a coherent, continuous scenic drive and recreational trail
system that will:
x
foster the growth of tourism in Niagara;
x
increase the average length of stay of tourists visiting the
Region; and
x
provide recreational opportunities for local residents, and
promote healthy lifestyles.
Objective 4.A.2
To protect corridors from Lake Ontario to Lake Erie along the east
and west sides of the Welland Canals, along which a Parkway
would be established, with the remaining protected sections of the
corridors being available for potential alternate and related uses,
recognizing local municipal planning and Niagara Escarpment
Commission objectives.
Objective 4.A.3
To assist in the development of the Welland Canals corridor as a
linear corridor that blends historic, recreational and tourist-related
uses with natural settings, while providing opportunities for
compatible and appropriate residential and commercial
development at key nodes. The corridor would combine natural
and landscaped areas.
Objective 4.A.4
To support the development of the Trans Canada Trail and the
Lake Ontario Waterfront Trail as links connecting the Greater
Niagara Circle Route to trail systems outside Niagara.
Objective 4.A.5
To provide access to the cultural and natural features along the
Greater Niagara Circle Route, the Trans Canada Trail and the Lake
Ontario Waterfront Trail.
Objective 4.A.6
To ensure that, within Urban Areas, development along the Greater
Niagara Circle Route, the Trans Canada Trail and the Lake Ontario
Waterfront Trail maintains or enhances the scenic qualities and
character of these driving routes and trails and protects significant
natural and cultural heritage resources.
Objective 4.A.7
To maintain or enhance the scenic, rural character of the landscape
and significant natural and cultural heritage resources along the
Greater Niagara Circle Route, the Trans Canada Trail and the Lake
Ontario Waterfront Trail outside Urban Areas.
Objective 4.A.8
To support and promote two tourism-related driving routes, namely
a Wine Route and a Lake Erie North Shore Route (Talbot Trail).
16
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Policies
Policy 4.A.1
The Region supports the development of the Greater Niagara Circle
Route, the Lake Ontario Waterfront Trail, the Trans Canada Trail,
and the Welland Canals East Side Trail as shown on the map
entitled “The Greater Niagara Circle Route and Related Trails”.
Policy 4.A.2
The Greater Niagara Circle Route is intended to consist of:
x
A scenic drive; and
x
A recreational trail for use by hikers, cyclists, rollerbladers
and others but excluding motorized vehicles except for
motorized wheelchairs and other motorized invalid vehicles.
Policy 4.A.3
The Lake Ontario Waterfront Trail will be a recreational trail for
pedestrians, non-motorized vehicles, and motorized wheelchairs
and other motorized invalid vehicles.
Policy 4.A.4
The Trans Canada Trail will be a recreational trail for appropriate
recreational uses as determined by the local municipalities in
keeping with the framework developed by the Trans Canada Trail
organization. An equestrian trail may be permitted alongside the
paved section of that Trail in the Town of Fort Erie, the City of Port
Colborne, and the Township of Wainfleet subject to the agreement
of those local municipalities.
Policy 4.A.5
The Region intends that a mixed use recreational trail known as the
Welland Canals East Side Trail will be developed along the east
side of the Welland Canal and will provide for a variety of activities
including horseback riding, snowmobiling and off-road trail bike
riding.
Policy 4.A.6
Portions of the routes for the recreation trail component of the
Greater Niagara Circle Route and the Trans Canada Trail through
the City of Port Colborne have yet to be finalized. The Region will
cooperate with the City of Port Colborne in determining the routes
to be followed. Adjustments to these trail routes may be made by
the City without Amendment to this Plan provided that the intent
and purpose of this Plan are maintained.
Policy 4.A.7
The Greater Niagara Circle Route, the Lake Ontario Waterfront
Trail, the Trans Canada Trail, and the Welland Canals East Side
Trail will be developed in phases in the following order:
x
The first priority will be the completion of the recreational trail
component of the Greater Niagara Circle Route and the
completion of the Welland Canals East Side Trail from Port
Colborne to Thorold South;
x
The second priority will be the completion of those portions of
the Lake Ontario Waterfront Trail and the Trans Canada Trail
17
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
that are located outside the Greater Niagara Circle Route;
and
x
The third priority will be the completion of the scenic drive
component of the Greater Niagara Circle Route.
Policy 4.A.8
The Greater Niagara Circle Route, the Welland Canals East Side
Trail, the Lake Ontario Waterfront Trail and the Trans Canada Trail
will be developed in cooperation with the local municipalities, other
public and private agencies and private landowners.
Policy 4.A.9
The Region will pursue the creation of the Welland Canals portion
of the Greater Niagara Circle Route Scenic Drive as shown on the
map entitled “The Greater Niagara Circle Route and Related Trails”.
Until this Scenic Drive is completed, the existing interim Scenic
Drive will be used for that purpose.
Policy 4.A.10
The route identified for the Lake Ontario Waterfront Trail is interim.
The Region will seek opportunities to realign sections of the Trail to
bring it closer to Lake Ontario or to provide better views of the Lake
and the shoreline.
In doing so the Region will take into
consideration:
x
The broad public interest in the development of a Trail that
provides recreational opportunities for local residents and
supports tourism development;
x
The rights of private property owners; and
x
The protection and enhancement of sensitive natural heritage
areas, of agricultural areas and of local heritage character
and features.
Where development of lakefront land is proposed a strip of land
along the shoreline above the stable top-of-bank should be
dedicated by the landowner to a suitable public agency to form part
of the Lake Ontario Waterfront Trail.
Where Regional facilities exist or are to be developed in close
proximity to the Lake Ontario shoreline appropriate Waterfront Trail
facilities shall be included wherever feasible.
Policy 4.A.11
The Region encourages the local municipalities to identify and
protect the Greater Niagara Circle Route, the Lake Ontario
Waterfront Trail and the Trans Canada Trail and the uncompleted
portions of the Welland Canals Parkway system, including the
Welland Canals East Side Trail, in their Official Plans, Zoning ByLaws and planning decisions.
Policy 4.A.12
The Region will cooperate with the local municipalities and other
relevant agencies in planning for recreational, commercial and
tourism related uses along the Greater Niagara Circle Route, the
18
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Lake Ontario Waterfront Trail and the Trans Canada Trail and in
providing appropriate development opportunities at key nodes
along them so that:
Policy 4.A.13
x
Development within the Urban Area Boundary maintains or
enhances the visual qualities and character of these scenic
drives and trails and protects or enhances significant natural
and cultural heritage resources; and
x
Development conforms to the planning objectives and
policies of the Region, the local municipalities, the Provincial
government and the Niagara Escarpment Commission.
The Region and the local municipalities may support in their Official
Plans the development of appropriate staging areas, scenic
lookouts and other complementary uses outside the Urban Area
Boundaries along trails shown in the map entitled “The Greater
Niagara Circle Route and Related Trails”, provided that such uses:
x
Are small in scale;
x
Are in keeping with the recreational character of the trails and
are designed to complement them;
x
Have minimal impact on the surrounding land uses;
x
Have no significant negative impacts on the natural
environment or on cultural heritage resources; and
x
Will not require the extension of the municipal water supply or
sanitary sewage services.
Policy 4.A.14
The Region shall seek to secure appropriate public access where
land that is owned by a public agency or a public utility is
determined to be surplus to that agency’s or utility’s needs and has
the potential to enhance the quality and attractiveness of the trails
and scenic drives shown in the map entitled “The Greater Niagara
Circle Route and Related Trails”.
Policy 4.A.15
The Region will encourage and support the development of other
recreational trails that are connected to and complement the
Greater Niagara Circle Route, the Lake Ontario Waterfront Trails
and the Trans Canada Trail. The Region will cooperate with the
local municipalities and other appropriate public agencies in
identifying and protecting the routes for such trails.
Policy 4.A.16
The Region will support and promote a Wine Route and a Lake Erie
North Shore Route as tourism-related recreational driving routes.
Policy 4.A.17
The Region will request that the Niagara Economic and Tourism
Corporation include the Trails and Driving Routes referred to in this
Amendment in its promotional materials and activities.
19
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Policy 4.A.18
The Region will coordinate an ongoing Committee to pursue the
creation of the Greater Niagara Circle Route and the Welland
Canals East Side Trail with appropriate representation from the
Federal and Provincial governments; Public Works Canada; the
Regional Municipality of Niagara; the Niagara Peninsula
Conservation Authority; the municipalities of St. Catharines,
Thorold, Welland, Wainfleet, Port Colborne, Fort Erie, Niagara Falls
and Niagara-on-the-Lake; the Niagara Parks Commission; the
Niagara Economic and Tourism Corporation; the St. Lawrence
Seaway Management Corporation; the Niagara Escarpment
Commission; and several members of the public.
Policy 4.A.19
The above Committee, in association with the local municipalities,
will:
x
Coordinate the development of the Greater Niagara Circle
Route and the Welland Canals East Side Trail;
x
Coordinate a private fund-raising campaign to assist with the
financing of the Greater Niagara Circle Route;
x
Support a construction program to build or upgrade the
necessary sections of the route, with a work program and
funding sequence identifying this route in the Region’s capital
works program; and
x
Emphasize the completion of the proposed Greater Niagara
Circle Route as a Regional priority.
20
SECTION FOUR
4.B
ECONOMIC DEVELOPMENT AND TOURISM
The Twenty Valley/Jordan Harbour Tourism Area
Introduction
The Twenty Valley/Jordan Harbour Tourism Area is shown on “The Twenty
Valley/Jordan Harbour Tourism Area Map”. It is expected that this Area will continue to
evolve as a distinctive entity that many people will want to visit and enjoy for many
purposes, in all seasons for many years to come.
The Area is renowned for its combination of scenic lands and waters, world heritage
natural environment, cultural heritage experiences and superb wine touring, all
contained within a small and readily accessible geographic area. These features will be
supported by a tourism infrastructure comprising a range of high quality food and
accommodation outlets and top-notch information resources and welcoming facilities.
These features will be linked by well-marked driving, cycling and walking routes.
It is a goal of the Region to increase the economic benefit from tourism in the Twenty
Valley/Jordan Harbour Tourism Area, while maintaining and enhancing its natural and
cultural heritage resources. Further, the achievement of this goal must balance tourism
interests with the existing agricultural, environmental, business and residential interests
in the Area.
The Twenty Valley/Jordan Harbour Tourism Area includes tourism assets in three key
categories including attractions/places, linkages and open spaces and the working
agricultural landscape. Attractions/Places provide the focus to the tourism strategy
within the Area. They include shopping and eating areas, heritage sites and museums,
waterfront attractions, market centres and wineries. These attractions/places provide
the anchoring points of visitation for a network of trails and road routes that traverse the
landscapes of the Area and the pastoral agricultural landscapes of the valley and
lowlands. Key attractions/places within the Twenty Valley/Jordan Harbour Tourism Area
include:
x
Vineland Central Business District;
x
Jordan Village;
x
Jordan Station;
x
Prudhommes;
x
Jordan Harbour; and
x
the Ball’s Falls Heritage Conservation Area.
Linkages and Open Spaces are public access routes and areas that weave through the
valley and agricultural landscapes providing a system of parks trails and nature-based
attractions that acknowledge the wide variety of natural and cultural amenities. The
routes include linkages for hiking, cycling, car touring and water-based routes for canoes
and other non-motorized vessels.
22
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
The Working Agricultural Landscape offers a scenic landscape exhibiting many orchards
of tender fruit, vineyards and a range of farms and agri-tourism businesses that sell
products and by-products to the public including an impressive array of wineries.
Farming operations provide many opportunities for public education and cottage
industries of public interest.
Objectives
Objective 4.B.1
Objective 4.B.2
Objective 4.B.3
The objectives related to attractions/places are:
x
to support sensitive and compatible development within the
various communities that comprise the Twenty
Valley/Jordan Harbour Tourism Area;
x
to increase the opportunities for shopping, eating and
accommodation and to provide an enhanced experience of
the valley and its environs for visitors;
x
to build enhanced landscape amenities to
recreational and educational experiences; and
x
to increase the diversity of visitation experiences for a wide
range of agri-tourism and natural and cultural heritage
choices, for all interests and in all seasons.
support
The objectives related to linkages and open space are:
x
to protect, manage and enhance the natural ecosystem
corridors of the Niagara Escarpment, the Twenty Valley,
Jordan Harbour, and the Lake Ontario waterfront and their
immediate environs;
x
to provide and enhance public access to selected natural
landscape attractions, for the purposes of heritage
education and scenic enjoyment, and in a manner that is
not harmful to the ecology of the Area; and
x
to promote the Area’s natural assets and linkages for
recreation, resource management and stewardship
initiatives in an effort to improve the ecosystem for future
generations.
The objectives related to the working agricultural landscape are:
x
to educate the visitors about the diversity of agricultural
activities within the Area;
x
to provide agri-tourism opportunities for the farming
communities that will complement farming operations and
the tourist appeal of the Area;
23
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
x
to retain all Unique Agricultural Lands for specialty crops,
field crops and vineyards, minimizing buildings; and
x
to increase the enjoyment of the scenic farming landscape,
and its unique natural setting.
Policies
Policy 4.B.1
Policy 4.B.2
The Region will cooperate with the Town of Lincoln, the Niagara
Peninsula Conservation Authority and other relevant agencies in
planning for recreational, commercial and tourism related uses
within the Twenty Valley/Jordan Harbour Tourism Area, and in
providing appropriate development opportunities at key locations
within it so that:
x
development within the areas identified as “Urban Areas”
on the Twenty Valley/Jordan Harbour Tourism Area Map
maintains or enhances the visual qualities and character of
the existing Villages, the connecting scenic drives and trails
and protects or enhances significant natural and cultural
heritage resources;
x
the areas identified as “Unique Agricultural Areas” on the
Twenty Valley/Jordan Harbour Tourism Area Map are
protected for their ongoing use for agriculture and that the
views and vistas that enhance the enjoyment of the natural
environment and the agri-tourism potential of the Area and
also protected;
x
the area identified as “Jordan Harbour” on the Twenty
Valley/Jordan Harbour Tourism Area Map is a sensitive
environmental resource that shall be protected and
enhanced;
x
the area identified as “Area under the jurisdiction of the
Niagara Escarpment Commission” on the Twenty
Valley/Jordan Harbour Tourism Area Map including the
area identified as the “Ball’s Falls Heritage Conservation
Area” shall be protected and enhanced; and
x
any new development shall conform to all the applicable
planning objectives and policies of the Region, the Town of
Lincoln, the Niagara Peninsula Conservation Authority, and
the Niagara Escarpment Plan.
The Region will support and promote the marketing and the
appropriate redevelopment of the roadways and the lands
adjacent to the Wine Route and the Victoria Avenue Market
Greenway.
24
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Policy 4.B.3
The Region will request that the Niagara Economic and Tourism
Corporation include the Twenty Valley/Jordan Harbour Tourism
Area in its promotional materials and activities.
Policy 4.B.4
The Region supports the development and/or enhancement of an
integrated trail system within the Twenty Valley/Jordan Harbour
Tourism Area, which includes components of the Bruce Trail, the
Waterfront Trail and the Twenty Valley Trail as identified
conceptually on the Twenty Valley/Jordan Harbour Tourism Area
Map.
Policy 4.B.5
The identified trail network will be developed in cooperation with
the Town of Lincoln, the Niagara Peninsula Conservation
Authority, other public agencies and private landowners.
Policy 4.B.6
The Region, the Town of Lincoln and the Niagara Peninsula
Conservation Authority shall support the development of
appropriate staging areas, scenic lookouts and other
complementary uses outside the “Urban Areas” along the trails
shown on the Twenty Valley/Jordan Harbour Tourism Area Map,
provided that such uses:
x
are small in scale;
x
are in keeping with, and complementary to the passive
recreational character of the trails;
x
have minimal impact on the surrounding public and/or
private land uses;
x
have no significant negative impacts on the natural
environment or on cultural heritage resources; and
x
will not require the extension of the municipal water supply
or sanitary sewage services.
Policy 4.B.7
The Region shall seek to secure appropriate public access where
land that is owned by a public agency or a public utility is
determined to be surplus to their needs and has the potential to
enhance the quality and attractiveness of the trail network.
Policy 4.B.8
The Region will encourage and support the development of other
recreational trails that are connected to, and complement the
Waterfront Trail and the Twenty Valley Trail. The Region will
assist with funding and will cooperate with the Town of Lincoln,
the Niagara Peninsula Conservation Authority and other
appropriate agencies in identifying and protecting the routes for
such trails.
Policy 4.B.9
The Region requires the Town of Lincoln supported by the
Niagara Peninsula Conservation Authority to identify and protect
the Waterfront Trail and the uncompleted portions of the Twenty
25
SECTION FOUR
ECONOMIC DEVELOPMENT AND TOURISM
Valley Trail in its Official Plan, Zoning By-law and in all its
subsequent planning decisions.
Policy 4.B.10
The route identified for the Waterfront Trail has not been finalized
and is shown conceptually on the Twenty Valley/Jordan Harbour
Tourism Area Map. The Region will seek opportunities in
cooperation with the Town of Lincoln and the Niagara Peninsula
Conservation Authority to ensure that the Waterfront Trail, when
implemented, maximizes public access to the Lake Ontario
shoreline.
In doing so, the Region, the Town and the
Conservation Authority will take into consideration:
x
the broad public interest in the development of a trail that
provides recreational opportunities for local residents and
supports tourism development;
x
the rights of private property owners;
x
the protection and enhancement of sensitive natural
heritage areas, agricultural areas and of local heritage
resources; and
x
shoreline protection measures may be included in area
development plans for maintaining long term stability along
the Lake Ontario shoreline which will assist to facilitate
“Smart Growth” initiatives in maximizing area land use and
development opportunities.
Where new development is proposed on lakefront property, the
Region shall support the efforts of the Town of Lincoln and the
Niagara Peninsula Conservation Authority to, where publicly
appropriate, secure by public ownership or by easement a strip of
land along the shoreline, from the water edge to a point above the
stable top-of-bank, to form part of the continuous Waterfront Trail.
Policy 4.B.11
Portions of the route for the Twenty Valley Trail have yet to be
finalized. The Region will assist with funding and will cooperate
with the Town of Lincoln, the Niagara Escarpment Commission
and the Niagara Peninsula Conservation Authority in determining
the final routing. Adjustments to this trail route may be made by
the Town without amendment to this Plan provided that the intent
and purpose of this Plan and the Niagara Escarpment Plan, where
applicable, are maintained.
Policy 4.B.12
The intent of the Twenty Valley/Jordan Harbour Tourism Area
Map is to identify the area where the policies of Section 4.B apply.
Further, the objectives and policies of Section 4.B apply to the
entire Twenty Valley/Jordan Harbour Tourism Area and are in
addition to all the other applicable objectives and policies of the
Region, the Town of Lincoln, the Niagara Peninsula Conservation
Authority and the Niagara Escarpment Commission.
26
SECTION 5
SECTION 5
Urban Areas
SECTION FIVE
URBAN AREAS
5. Urban Areas
The Regional Strategy for Development and Conservation recognizes the significant role
of urban communities with people's identification, economic activity, and quality of life.
Niagara's pattern of distinctive and identifiable urban communities appeals to people.
These characteristics are partly due to the built form and partly due to the surroundings.
While the initiative for the arrangement of land uses within the urban areas is left with the
local municipalities, the Region has an overall interest in people's quality of life as
influenced by the availability of housing, employment opportunities, and services. Also,
the effective use of urban land through the mix of uses, density of development, and
energy conservation contribute to the conservation of natural resources.
The Regional Strategy recognizes the need for a balance between urban development
and the conservation of natural resources. The urban area boundaries which are
established here are a prime means of implementing this balance, and other strategic
objectives, by:
•
establishing the location and the extent of city and town development, sufficient to
provide for the housing, social and employment needs of residents,
•
preventing urban development on inappropriate sites, thus contributing to the
conservation of resources such as the Niagara Escarpment, aggregate areas,
wetlands and the prime agricultural soils, and
•
establishing the responsibility of governments to provide the necessary public
services for the occupants of the urban areas.
The Urban Areas Boundaries were established after a lengthy OMB hearing between
1978 and 1980. The urban boundaries reflect objectives for the broader regional
community. Efficient use of the land within the urban boundaries is financially and
environmentally desirable. This efficient use involves development of higher densities
than in the past, and using lands suitable for infilling, intensification and redevelopment to
promote more compact urban forms. The Regional Strategic Objectives and the policies
in this Plan provide the guidance for possible expansions to the urban boundaries. These
expansions will require amendments to the Regional and local Official Plans.
When the need for more urban land is identified through comprehensive land utilization
studies, opportunities will be provided mainly in, but not limited to, two development
corridors in which there should be provision for both residential and employment areas.
Development will proceed in stages and in an orderly fashion. Development in the
corridors will not be continuous in order to retain open space, natural resources and
protect environmental features. These development corridors are directly based on the
existing QEW route from Niagara Falls to Fort Erie, and the Highway 406 route from
Thorold to Port Colborne which is now being extended. These routes are shown
schematically on the map in this Plan, entitled Regional Niagara Strategy for Development
and Conservation.
28
SECTION FIVE
URBAN AREAS
The Regional Strategy together with the objectives and policies in this Policy Plan
endeavour to guide change so as to contribute and build a better Niagara while
maintaining those urban characteristics and natural resources which make Niagara
special.
Objectives for Urban Areas
Objective 5.1
To designate urban areas for serviced urban development sufficient to
meet anticipated residential, business and other needs in a choice of
locations.
Objective 5.2
To designate urban areas for which suitable and efficient water
treatment, water distribution, sewage collection, stormwater
management controls and sewage treatment systems can be provided.
Objective 5.3
To designate urban areas which meet the strategic objectives of this
Plan such as economic development, conservation of resources, the
protection of the environment, preserve agricultural lands with highest
priority being given to the protection of the unique agricultural lands, the
maintenance of distinct urban communities, and which provide a high
quality of life for residents.
Objective 5.4
To encourage urban development south of the Escarpment as a
positive aid in reducing urban pressures on the unique agricultural
lands.
Industrial
Objective 5.5
To increase the number and type of employment opportunities
throughout the Region.
Objective 5.6
To assist and encourage the traditional existing businesses and
industries in the Region.
Commercial
Objective 5.7
To ensure that each municipality and the entire Region has an
adequate supply of convenient, attractive and economically viable
shopping facilities.
Objective 5.8
To support a dispersed pattern of shopping facilities. Under this
dispersed approach, shopping facilities must be related to the needs of
the municipalities in which they are located, in terms of location, size,
accessibility by auto or by public transit, and other relevant factors.
Objective 5.9
To ensure that the overall supply of shopping facilities in each local
municipality is sufficient to provide healthy competition without
endangering the essential character and quality of existing shopping
facilities.
29
SECTION FIVE
Note:
Objective 5.10
URBAN AREAS
This objective requires a careful balance between the
extremes of "no competition" and "unlimited competition". The
significance of an oversupply of commercial space must be a
continuing concern, and future decisions must be made on
the amount of oversupply which is desirable or tolerable.
To assist local municipalities to determine appropriate policies for
shopping facilities within their boundaries.
Residential
Objective 5.11
To contribute to the overall goal of providing a sufficient supply of
housing which is affordable, accessible, adequate and suited to the
needs of the full range of types of households and income groups in
Niagara.
Objective 5.12
To ensure that the sites for a minimum of twenty five percent of all
potential new housing units are suitable for affordable housing, in
accordance with the Provincial Policy Statement on Land Use Planning
for Housing.
Objective 5.13
To maximize the use of existing community and servicing resources in
established communities for a variety of new residential units.
Policies for Urban Areas
Policy 5.1
"Urban Areas" are defined as the areas within the "Urban Areas
Boundaries" defined on the Urban Areas Boundaries Map.
Policy 5.2
The Region intends to provide the Regional facilities needed for water
supply, sewage treatment and transportation within the urban areas.
The Region will continue to prepare servicing plans to serve
development over at least a 20-year period. However, the Region
cannot be committed to provide such services by any specific time
because of financial limitations and possible physical limitations to the
installation of services. Preference will be given to servicing projects
which are compatible with other Objectives and Policies of this Plan,
particularly the strategic objectives in Part Three.
Policy 5.3
“Urban Study Areas" are defined as existing small communities for
which the Region expects to provide water supply and sewage
treatment facilities to resolve existing health problems. They are shown
on the attached Urban Areas Boundaries Map in a circular shape as a
schematic indication only of the location and small size of such
communities. When their locations and boundaries are described more
precisely in the approved official plans of the area municipalities and
30
SECTION FIVE
URBAN AREAS
servicing is available, these approved areas will be shown as urban on
the Urban Area Boundaries Map.
Policy 5.4
Individual urban development proposals within urban areas will be
dependent on the availability of adequate municipal water, sewer,
stormwater and road services to meet the anticipated increased
requirements resulting from the development. Individual development
projects without the full range of urban services will only be permitted in
special cases and under special circumstances where the lack of
complete services will not be a detriment to the environment, the
private development, the municipality or to the efficient use of land.
Policy 5.5
The primary responsibility for regulating the types, locations and
densities of land uses within the defined urban areas rests with the
local municipalities, through their official plans and zoning regulations.
Each municipality is expected to prepare these plans with supporting
information to regulate the development within their urban areas.
Despite the predominance given the local plans, several aspects of
these local plans are considered to be of Regional significance and
interest. Thus the Region expects these topics to be adequately
covered in local documents, but the Region will maintain a continuing
interest in them, and will review and comment on topics of Regional
significance. These include:
(a) the amount and distribution of low, medium and high density
residential uses, and commercial and industrial uses;
(b) policies supporting the provision of various forms of affordable
housing within existing developed areas as well as in new
subdivisions;
(c) pedestrian as well as other transportation needs;
(d) parks and recreation policies which consider
accessibility, and relationships to other land uses;
demand,
(e) maps showing existing and proposed land uses, Regional and
area municipal roads and community facilities (schools, parks,
major institutions, etc.);
(f) consideration of factors such as historic features, aesthetic
values, adequate provision for public institutions, energy
conservation, a distribution and density of buildings which
contributes to a pleasing urban character, and the minimizing of
conflicts between adjacent land uses.
In these respects, the Region considers that it shares an interest with
the local municipalities in providing efficient, safe, attractive, and
adequate facilities within the urban environment while recognizing that
31
SECTION FIVE
URBAN AREAS
the detailed decisions will normally be the responsibility of the local
municipality.
Policy 5.6
Expansions to the urban boundaries are a significant community
undertaking requiring Amendments to the Regional and local Official
Plans. The Region expects, and will encourage and assist, the efficient
use of land within the existing urban boundaries through infilling,
redevelopment, and increased densities. Expansions into the Niagara
Escarpment Plan area are not encouraged and if proposed will require
an Amendment to the Niagara Escarpment Plan.
An assessment of proposed urban boundary changes will be based on
the Regional Strategy for Development and Conservation in Section 3.
Proposed expansions should be considered within the context of an
overall municipal review.
Particular criteria for the review of proposed urban boundary
expansions are:
•
the need for the proposed uses and the benefits and costs to
the local and Regional community. The need assessment
should consider the amount of developable land within existing
urban areas, the demand for the type of development proposed
in relation to the demographic forecasts for the local
municipality and the Region, and opportunities for
accommodating development within the existing urban areas;
•
the availability of suitable alternative locations within the
municipality for proposals only serving local residents. For all
other applications involving prime agricultural lands, the
availability of suitable alternative locations also shall be
considered;
•
compliance with the objectives and policies of this Plan
including preference for poor quality agricultural lands for
development, preservation of high quality agricultural land for
agricultural uses, protection of natural resources, and support
for physically separate urban communities;
•
the location and effect of the new boundary on those lands and
activities remaining outside the urban area;
•
the availability and capability of servicing facilities; and
•
the comments of local municipalities on the demonstrated need,
the evaluation of local resources, and the opportunity for
orderly, efficient and economic growth.
32
SECTION FIVE
Policy 5.7
URBAN AREAS
In implementing the strategic objectives of this Plan, the Region will
develop municipal population and household estimates in consultation
with each municipality. These will be used to develop appropriate
servicing systems to accommodate growth and to review development
applications and planning documents of the local municipalities.
Industrial
Policy 5.8
The Region, in co-operation with the local municipalities, and subject to
the necessary legislative authority, may establish industrial parks with
necessary services and adequate transportation services in order to
attract industry to the Region.
Policy 5.9
The Region will continue to support an industrial development
commission, Niagara Economic and Tourism Corporation, which may:
(a) attract new business and industrial activities into the Region to
help diversify the industrial base and provide regional
employment opportunities;
(b) support the continued operation of existing businesses and
industries within Regional Niagara;
(c) coordinate and complement local Business and Industrial
Development Committees and their activities;
(d) develop and manage, in co-operation with the local municipalities,
Regional industrial parks.
Policy 5.10
Subject to the overall objectives of this Regional Plan, each local
municipality may attract industries to provide local employment and for
local convenience, in keeping with the character of the community.
Policy 5.11
The Region recognizes the importance of the tourist industry to the
Region and will co-operate with agencies involved with the tourist
industry to promote the tourist attractions and facilities in the Region.
Commercial
Policy 5.12
Each local municipality should encourage the provision of convenient,
attractive and economically viable shopping facilities within its
boundaries, compatible with the needs and desires of its residents.
Policy 5.13
The primary responsibility for determining a detailed commercial
strategy guiding the size and location of new and expanded shopping
facilities within any local municipality rests with that municipality.
The local official plan is the appropriate document for indicating the
strategy for the provision of shopping facilities. The Region will
encourage each local municipality to undertake planning and market
33
SECTION FIVE
URBAN AREAS
studies to assist in establishing its commercial strategy and policy
statements.
Policy 5.14
The Region will review all major proposals for new commercial
development or expansion of existing facilities. In its review, the
Region will be guided by the objectives and policies of the Regional
Policy Plan.
The Region will be responsible primarily for regulating the overall
supply of shopping facilities throughout the Region and in each local
municipality.
Each major commercial proposal should be accompanied by sufficient
background information such as site, access and servicing plans,
timing or staging of development, the amount and types of retail
facilities, market studies, etc., to permit proper evaluation by the
Region. Based on their review, and recognizing the matters noted in
Policy 5.15, the Region will not approve any new or expanded
commercial development which, by its size or location:
(a) produces an undesirable oversupply of shopping facilities within
the Region, or
(b) produces an inequitable distribution of shopping facilities within
the Region, or
(c) does not mainly serve the residents of that municipality.
The Region will also consider the following:
(a) Impact on existing shopping facilities within the local municipality
and throughout the Region.
(b) Impact on, and adequacy of, local and Regional road networks to
accommodate the proposed development.
(c) Impact on, and adequacy of, local and Regional services to
accommodate the proposed development.
(d) Compatibility with adjacent existing and proposed land uses.
Policy 5.15
In evaluating commercial proposals, particularly with respect to
estimated commercial "needs" and possible oversupply, the following
factors will also be considered by the Region:
(a) There may be imperfections in economic and population
projections and in the resulting estimates of future "needs" for
shopping facilities.
34
SECTION FIVE
URBAN AREAS
(b) A degree of oversupply of shopping facilities may be desirable as
a stimulus to competition and to provide desirable choice and
variety for customers.
(c) An allowance should be made to permit the construction of a
large "increment" of commercial space (i.e., one new medium
size shopping centre or one stage of a large centre) at one time,
designed to meet estimated increasing needs over a period of a
very few years.
(d) An allowance for the early correction of serious inequities in the
present distribution of commercial space is desirable.
(e) A moderate amount of additional retail space may be justified in
larger urban areas to serve the major shopping needs of
residents of nearby rural areas and smaller urban areas.
(f) Some additional sales space may be justified by actual and
potential sales to travelers and tourists.
(g) Some types of commercial space are not covered by the
preceding policies, such as hotels and motels, automobiles sales
and service, places of entertainment, restaurants, service
establishments such as barber shops, and other uses such as
libraries and offices, but will be regulated in the normal manner
through local official plans and zoning by-laws.
Policy 5.15.1
A commercial centre is permitted for up to 400,000 square feet of
commercial space located on 35 acres in the Town of Niagara-on-theLake on the South Service Road between Taylor and Coon Roads for
non-shopping centre commercial uses intended to serve the Regional
community, any other policies in this Plan notwithstanding, with the
majority of the building area in the form of relatively large scale units,
subject to:
(1)
the exclusion of a supermarket as a permitted use;
(2)
70% of the 400,000 square feet to be in commercial units greater
than 10,000 square feet (930 square metres);
(3)
a minimum of 2 anchor units to be in excess of 43,000 square
feet (4,000 square metres), and a minimum of 2 anchor units to
be in excess of 20,000 square feet (1,860 square metres); and
(4)
a minimum unit size of 5,000 square feet (465 square metres),
save and except that 10% of the development may be ancillary
non-retail uses and retail stores, and that the retail stores shall not
be less than 3,000 square feet (280 square metres).
35
SECTION FIVE
URBAN AREAS
Residential
Policy 5.16
The following types of group homes administered under Provincial
legislation shall be permitted to establish in any residential zone or
residence in the Niagara Region, subject to criteria (i), (ii) and (iii)
below.
The types of group homes to be permitted are:
•
Approved Homes
•
Homes for Special Care
•
Supportive Housing Programs, Adult Community Mental Health
Program
•
Children's Residences
•
Accommodation Services for the Developmentally Handicapped
•
Satellite Residences for Seniors
In addition to the above, Homes for Physically Disabled Adults are also
permitted when the Province licenses, funds or approves a group home
program for physically disabled adults. Halfway Houses for the Socially
Disadvantaged, Halfway Houses for Alcoholics, Halfway Houses for Exoffenders, and Community Resource Centres will require a rezoning
unless a local municipality decides that such a rezoning is not
necessary.
The criteria referred to in the first paragraph of this policy are:
(i) a group home is defined as a housekeeping unit or units in a
residential building in which:
(a) in a single family residence or single family residential zone, up
to six (6) residents (excluding the staff or the receiving family)
live as a family under responsible supervision;
(b) in a multiple family residence or multiple family residential zone,
up to eight (8) residents (excluding the staff or the receiving
family) live as a family under responsible supervision.
The home is licensed or approved under Provincial statute and is in
compliance with municipal by-laws. Local municipalities may permit
more residents than indicated above, up to a maximum of 10 residents.
36
SECTION FIVE
URBAN AREAS
(ii) the local municipalities may have a distance separation between
group homes but in no instance should this exceed 460 metres
(1,500 feet) within the urban area boundaries. Beyond the urban
area boundaries, the local municipalities may establish greater
setback distances to prevent concentrations of group homes.
(iii) consultation is held with the local municipality and other agencies
by the applicant and the appropriate Provincial agency considering
the establishment of a group home and furthermore, this
consultation would occur preferably through a locally based review
and ongoing monitoring body with formal membership. Items for
consideration should include the provision of adequate funding by
the Province for quality care and the availability of appropriate
support services. Such a procedure would not preclude Provincial
consultation with other appropriate individuals or agencies not
represented on the review body.
Policy 5.17
The Region, in consultation with local municipalities, will continue to
designate at least a ten year supply of land for residential and other
uses at all times in its Policy Plan.
Policy 5.18
The Region expects local municipalities to designate at least a ten year
supply of residential land at all times in their Official Plans in
accordance with Policy 5.19.
Policy 5.19
The Region will prepare projections of future housing needs and their
distribution among the local municipalities. This distribution will be
developed
in
accordance
with
Regionally
approved
development/conservation strategies, to assist the municipalities in
meeting Policy 5.18. The local municipalities, in cooperation with the
Region, may use somewhat different projections based on local
circumstances and provided that all Regional policies are met.
Policy 5.20
The Region, in consultation with local municipalities, will continue to
prepare plans for water supply and sewage treatment facilities to serve
the residential development needs of the Region over at least a twenty
year period in accordance with Policy 5.19.
Policy 5.21
When the servicing capacity for new residential development is limited,
preference will be given to affordable housing.
Policy 5.22
When the servicing capacity for new development is limited, the status
of draft approved subdivision plans which are inactive after two years
should be reconsidered.
Policy 5.23
The Region, in cooperation with local municipalities, will seek to
maintain a continuous three-year supply of a combination of draft
approved and/or registered vacant residential lots and blocks in an
appropriate range of types and sizes.
37
SECTION FIVE
URBAN AREAS
Policy 5.24
The Region, in cooperation with the municipalities, will review the status
of all draft approved subdivision plans and, where considered
necessary to provide a supply of sites suitable for affordable housing,
may require modifications to the plans.
Policy 5.25
The Region, in cooperation with the local municipalities and other key
review agencies, will endeavour to make a decision on all residential
subdivisions which are compatible with housing, servicing and other
applicable planning policies within a target approval time of five months
from the circulation of a complete application. If this time period cannot
be met, then the applicant and Regional Council will be advised of the
reason for the postponement of a decision. In responding to matters
such as condominium applications, local official plan amendments, and
zoning by-law amendments which are under the jurisdiction of other
agencies, the Region will continue to comment as promptly as possible
and will attempt to meet the timetable of the appropriate agency.
Policy 5.26
The Region will establish an interdepartmental committee and identify a
coordinator to assist proponents in obtaining preliminary planning and
servicing information on any types of residential development
applications.
Policy 5.27
The Region will aim to decide on a minimum of eighty percent of all
residential Policy Plan amendments within nine months after receipt of
completed applications.
Policy 5.28
The Region expects that each local municipality will, in its own official
plan and zoning regulations:
Policy 5.29
•
designate and zone for a range of housing types, including sites
for a minimum of twenty five percent of all potential units to be
suitable for affordable types and tenure of housing,
•
distribute the range of housing types,
•
provide direction on the timing of development areas so that the
sites for affordable types of housing are approved concurrently
or in advance of others.
The Region will, in its review process for any planning documents, take
into account the Province's Policy Statement on Land Use Planning for
Housing. The Region will encourage the provision of sites for a
minimum of twenty five percent of potential new housing units to be
suitable for affordable housing.
The sites provided for affordable housing should attempt to:
38
SECTION FIVE
URBAN AREAS
•
provide a variety of housing types which could create new
affordable units for a reasonable proportion of household types,
•
meet the housing needs of people with a range of income levels
below the 60th percentile,
•
provide sites suitable for assisted housing.
Policy 5.30
The Region will require that for each subdivision application information
will be provided on how the minimum of twenty five percent affordable
requirement will be met within the municipality involved.
Policy 5.31
The Region will require that the sites for at least twenty five per cent of
all potential new housing units proceeding through the subdivision
approval process in each municipality are suitable for and intended for
affordable housing in accordance with the Province's financial
guidelines. These sites for affordable housing must include as full a
range of types and prices of affordable housing as practicable, such as
family type housing with direct ground access as well as apartments,
with the lot sizes, types of units, and prices varying amongst local
municipalities. This requirement can be satisfactorily met by:
(a) a subdivision plan which meets the minimum of twenty five per
cent affordable requirement by itself, or
(b) a group of development applications submitted jointly by one or
more applicants and which meet the requirements on an overall
basis. The affordable component must obtain final approval at
least concurrently, or
(c) a satisfactory statement and plan from the municipality, if
available, explaining how the requirements are being met
through current development applications on an overall
municipal basis. This would mean that the affordable sites in
various locations throughout the municipality must obtain final
approval in advance of the others or at least concurrently.
This policy does not apply to the Township of Wainfleet because it has
no serviced urban areas.
Policy 5.32
The Region expects, and will encourage and assist, each local
municipality to identify means to increase the supply of housing within
existing communities by such means as:
•
designating areas in the Official Plan for various forms of
increased density,
•
providing for infilling, redevelopment, and increased densities in
existing residential areas,
39
SECTION FIVE
URBAN AREAS
•
providing zoned areas for a broad variety of multiple units,
including rooming, boarding and lodging houses,
•
providing zones areas to permit added units within existing
dwellings.
In reviewing proposed zoning by-laws, the following criteria will be
considered with respect to facilitating the provision of affordable
housing:
Policy 5.33
Policy 5.34
•
minimum lot and building sizes, and heights,
•
types of housing permitted,
•
the potential to create accessory apartments, rooming/boarding
houses, mobile homes, and granny flats,
•
the potential for infilling,
•
parking standards,
•
adequate municipal services and parks.
The Region, in cooperation with the local municipalities, will conduct an
annual review of the housing situation to examine the extent to which
lots are being created upon which affordable housing can be expected
to be built, and whether or not affordable housing is being built. To
these ends, information on the following topics will assess the
effectiveness of the policies and the possible need for adjustments to
them:
•
annual housing production by type of unit,
•
annual production of affordable units on subdivision lots
approved for these types of housing,
•
annual production of non-profit and rent geared-to-income units,
•
apartment vacancy rates,
•
inventory of vacant housing sites, by type and location, and
•
information on current dwelling costs and rents.
The Region, together with local municipalities, will support the nonprofit housing agencies as well as the private sector in building dwelling
units for lower and modest income households, physically challenged
individuals, and other special needs groups.
40
SECTION FIVE
URBAN AREAS
Policy 5.34.1
Up to 25 units of seniors’ housing and/or a youth centre for sports and
recreation on existing services are permitted in association with and
just south of Club Italia east of Kalar Road in the City of Niagara Falls.
Any further development, or, any further extension or addition of
municipal services, will require amendments to the Regional Niagara
Policy Plan and the City of Niagara Falls Official Plan and be based on
a comprehensive planning and servicing study of the broader area east
of Kalar Road, north of the Hydro Corridor, south of Mountain Road and
west of the Queen Elizabeth Way.
Policy 5.35
To assist the non-profit housing sector and to further streamline the
approvals process for applications submitted by this sector, the Region
will provide information and, where appropriate, technical advice.
Furthermore, the Region and the local municipalities, in conjunction
with appropriate agencies, will prepare an inventory identifying
acceptable zones / locations for sponsored housing and non-profit
housing projects.
Policy 5.36
The Region will support efforts by local municipalities to maintain and
improve their existing housing through full use of Federal and Provincial
funding programs developed for these purposes.
Policy 5.37
Regional Council will not support the conversion of rental
accommodation to condominium ownership where, in its opinion, the
proposal will adversely affect the supply of affordable rental housing. A
vacancy rate of three per cent or more in rental accommodation is
considered desirable.
Policy 5.38
Regional Council will support the continued operation of the Advisory
Housing Committee with representatives from interested organizations.
A major role for that Committee will be to contribute information for, and
to review, the annual monitoring report and to suggest any policy
changes which they think are appropriate.
41
SECTION 6
SECTION 6
Agriculture
and
Rural Areas
SECTION SIX
AGRICULTURE
6. Agriculture
and Rural Areas
This Section outlines the objectives and the policies for the Region's Agricultural and Rural
Areas. Many of Niagara's important renewable and non-renewable resources can be
found in Agricultural and Rural Areas of the Region. For example, these areas contain
high quality agricultural land, environmentally significant features, and sand and gravel
resources. To achieve the proposed Regional strategy of balancing conservation and
development these resources must be used wisely.
With a unique combination of deep sandy soils and favourable microclimates, Niagara's
tender fruitlands are Provincially and Nationally significant. The Region also has large
areas of good general agricultural lands which are suitable for the production of field crops
and for livestock operations.
The agri-food industry in Niagara is diversified. Farmers produce a variety of crops
including greenhouse flowers, fruit, vegetables, livestock and field crops. Wineries,
distilleries, fruit and vegetable processors, dairies and meat packing firms process these
crops adding value to their production.
The proposed policies in this Plan give the unique agricultural lands (Good Grape and
Good Tender Fruit Areas) the highest priority for preservation. The good general
agricultural lands have the next priority for preservation. While not unique, these lands are
suitable for the production of a wide range of crops and therefore are important in
maintaining the agricultural industry's diversity.
Agricultural uses may continue in the Rural, Village and Hamlet Areas. However, some
opportunities for development, including residential, commercial, industrial, and recreation
uses compatible with the rural environment also are provided. The smallest of the urban
communities, villages and hamlets, offer a distinctive small town lifestyle to Niagara
residents. Low density development is permitted on private services in all of these areas.
Objectives for Agricultural and Rural Areas
Objective 6.1
To preserve Niagara's agricultural lands. The unique agricultural lands
suitable for tender fruits and grapes have the highest priority for
preservation. Good general agricultural lands have the second highest
priority for protection.
Objective 6.2
To advocate and support government policies and programs which
promote the agricultural industry.
Objective 6.3
To conserve and enhance the natural resources of the Agricultural and
Rural Areas.
42
SECTION SIX
AGRICULTURE
Objective 6.4
To provide for a limited amount of non-farm development in designated
Hamlets, Villages and Rural Areas.
Objective 6.5
To provide an efficient and orderly pattern of land uses in the
Agricultural and Rural Areas, which lessens land use conflicts, which
requires a minimum of municipal services and conserves natural
resources.
Objective 6.6
To protect farmers' right-to-farm by minimizing the potential for conflicts
between farm and non-farm uses.
6.A
Policies for Agriculture
The following policies for agriculture apply to both the unique and good general agricultural
lands shown on the Agricultural Land Base Map.
The Unique Agricultural Area includes both good tender fruit and good grape lands. The
boundaries of Unique Agricultural Areas are based on the mapping contained in the
Greenbelt Plan 2005. Areas shown as Unique Agricultural Areas are intended to reflect
the location of the Protected Countryside lands in the Greenbelt Plan. The Unique
Agricultural Areas are extended over the Niagara Escarpment Plan Area. The
requirements of the Niagara Escarpment Plan, established under the Niagara
Escarpment Planning and Development Act continue to apply and the Protected
Countryside policies in the Greenbelt Plan do not apply with the exception of Section 3.3
in the Greenbelt Plan..
The Good General Agricultural Area includes organic soils, areas of Classes 1 and 2
lands, areas of 60 to 70 percent Class 1 and 2 lands, and the majority of Class 3 lands.
These areas were originally based on the Canada Land Inventory: Soil Capability for
Agriculture and consultation with local agriculturalists.
The Map also includes refinements and adjustments to the Good General Agricultural
Areas based on detailed reviews and local official plan amendments by area municipalities
carried out in consultation with the Region and others.
The Region will review and revise the Agricultural Land Base Map further in co-operation
with area municipalities, agricultural representatives and interested local and Provincial
agencies and organizations. This review will use the available up to date information
including the soils mapping of the Ontario Institute of Pedology (1989) and available
climatic information. The six objectives of Section Six together with the Strategic
Objectives of Section Three provide direction for this review.
Policy 6.A.1
The highest priority will be given to preserving "good tender fruit lands"
and "good grape lands" (Unique Agricultural Areas are shown on the
accompanying map, "Agricultural Land Base").
Policy 6.A.2
The second highest priority will be give to preserving "good general
agricultural lands" (Good General Agricultural Areas are shown on the
accompanying map, "Agricultural Land Base").
43
SECTION SIX
Policy 6.A.3
AGRICULTURE
The Region will attempt to ensure a viable agricultural industry through
such means as:
•
the protection of unique and good general agricultural lands;
•
tariff and, or, quota protection from imports (a Federal
Government responsibility);
•
adequate marketing procedures (a responsibility of the industry
and the Provincial Government);
•
protection from unjustified taxes (a Provincial and local
municipal government responsibility);
•
financial support to local agricultural groups, such as grants to
the Niagara North and South Federations of Agriculture;
•
support of farmers seeking approval for loans from lending
agencies for additional farm residences in order to eliminate the
need for severances; and
•
the continuation of the existing Agricultural Sub-Committee to
advise the Region on agricultural issues. (This Sub Committee
includes representatives from Regional Council and local
agricultural and marketing organizations.)
The Region recognizes the urgent need to improve economic
conditions for the farmer. While the Region has continuously supported
the encouragement of a viable agricultural industry, the senior levels of
government have major responsibilities in this area as generally
indicated in Policy 6.A.3. In the event that the necessary economic
measures for the protection and development of the agricultural
industry are not forthcoming from the Federal and Provincial
Governments, the Region will review and may revise its agricultural
policies to reflect the lack of economic programs for agriculture.
Policy 6.A.4
Local municipalities, with assistance from the Region, should formulate
policies for inclusion in their official plans for the protection of unique
and good general agricultural lands, consistent with the policies of the
Regional Policy Plan. These areas should be mapped in the local
official plans.
Policy 6.A.5
The Agricultural Land Base Map identifies agricultural areas in which
the Region is committed to supporting the farmer and his/her
opportunity to farm. These areas should have supportive government
policies and programs, and attempt to prevent conflicting public and
private uses which hinder the farmer’s ability to farm. Changes to the
Good General Agricultural Areas and Rural Areas on the Agricultural
Land Base Map will be made only after consultation with the local
municipalities, agricultural representatives and interested local and
44
SECTION SIX
AGRICULTURE
Provincial agencies and organizations and will be done through a
Regional Policy Plan amendment. Revisions to the Greenbelt Plan and
to the Niagara Escarpment Plan boundaries and the redesignation of
Unique Agricultural Areas are prohibited.
Policy 6.A.6
In the Unique and Good General Agricultural Areas, the predominant
use of land will be for agriculture of all types, including livestock
operations. Compatible uses such as forestry and conservation of plant
and wildlife are also permitted. In Unique Agricultural Areas, all
existing uses lawfully used for such purpose prior to December 16,
2004, the date the Greenbelt Plan came into effect, are permitted.
Also, in Unique Agricultural Areas single dwellings are permitted on
existing lots of record, provided they were zoned for such as of
December 16, 2004 or where an application for an amendment to a
zoning by-law is required as a condition of a severance granted prior
to December 14, 2003 but which did not proceed.
Policy 6.A.7
Small scale agriculturally related uses directly related to, serving, and
requiring close proximity to the surrounding agricultural areas may be
permitted except where there is a conflict with the Niagara Escarpment
Plan as amended from time to time and if it is not possible for such
uses to locate in designated Hamlets, Villages, Rural Areas, or Urban
Areas. These uses should be located so the effect on surrounding
unique and good general agricultural lands as well as viable farm
operations is minimized. Farm markets in agricultural areas should be
seasonal in nature with the majority of retail floor space devoted to the
sale of domestic produce. Local municipal official plans and zoning
by-laws should establish maximum retail floor space area provisions
and other site design criteria.
Policy 6.A.8
Non-agricultural uses should not be located in Agricultural Areas. The
introduction of new non-agricultural development of all types into the
Agricultural Areas has an adverse impact on the agricultural and
natural resources and shall be strictly limited. However, applications
for individual non-agricultural uses may be considered. These
applications will be reviewed through a Regional Policy Plan
Amendment subject to the following conditions:
(a)
Non-agricultural uses are not permitted in Unique Agricultural
Areas - Good Tender Fruit and Good Grape Areas.
(b)
Non-farm residential lots and uses are not permitted in Good
General Agricultural Areas or in Rural Areas in close proximity
to agricultural activity.
(c)
A demonstrated need for additional land to be designated within
the municipality and the desirability of the proposed use to the
community.
45
SECTION SIX
6.A.9
AGRICULTURE
(d)
There are no reasonable alternatives in Rural Areas or in Urban
Areas.
(e)
There are no reasonable alternative locations in other Good General
Agricultural Areas with lower priority agricultural land.
(f)
The degree of conflict with surrounding agricultural uses. Any conflict
should be mitigated to the extent feasible. This would depend on the
size and nature of the proposed use, the existing agricultural uses,
and on any buffering factors between them. For example, creeks,
roadways and other prominent features would be helpful in defining
and screening a non-agricultural use from surrounding farms;
(g)
Compliance with policies contained in Section 7 Environmental
Policies including the Natural Heritage and Aggregate Resource
Policies.
(h)
Applications must be supported by adequate technical assessment to
ensure that private water supply and private sewage services can be
provided.
(i)
Compliance with other policies contained in the Regional Policy Plan.
In the Unique Agricultural Areas, consents to convey may be permitted only in
accordance with the following provisions. Within the Niagara Escarpment Plan
Area, the policies of the Niagara Escarpment Plan as amended from time to
time shall prevail unless the following policies are more restrictive, then the
more restrictive policies shall prevail. Policies for lot creation in local Official
Plans can be more restrictive than the following policies and still conform to this
Plan.
(a)
The consent to convey is for an agricultural use where the severed and
retained lots are intended for agricultural uses and provided the minimum
lot size is 40-acres (16.2 hectares).
(b)
The consent is for a residence surplus to a farming operation as a result
of a farm consolidation, which residence was an existing use as of
December 16, 2004, provided that a residential dwelling is not permitted
in perpetuity on the retained lot of farmland created by this severance. As
a condition of severance, the applicant must have the remnant parcel
rezoned to preclude its use for residential purposes.
(c)
The consent requested is for minor boundary adjustments or easements,
complies with other policies in this Plan and does not create a separate
lot for a residential dwelling and there is no increased fragmentation of a
key
natural
heritage
feature
or
key
hydrologic
feature.
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SECTION SIX
AGRICULTURE
6.A.9.1 In Good General Agricultural Areas consents to convey may be permitted only
in those circumstances set out in the following provisions. Policies for lot creation in
local Official Plans can be more restrictive and still conform to this Plan.
Deferred
Under
Section
17 (34)
Of the
Planning
Act
(a)
The consent to convey is required for existing agriculturally related uses
subject to Policy 6.A.7 and provided the parcel size is limited to the
minimum size needed to accommodate the use.
(b)
The consent to convey is for a farm parcel provided that resulting parcels
are both for agricultural use and the size of the resulting parcels is a
minimum size of 40 hectares (100 acres):
Smaller lot severances for greenhouses can be permitted subject to the
condition that any new dwellings on the property are allowed only after the
greenhouse and other farm buildings have been constructed or substantially
completed. It is important that small lot severances for greenhouse operations
be of a sufficient size so that these uses have ample room for future expansion.
(c)
(d)
The consent to convey is for a residence surplus to a farming operation
as a result of a farm consolidation provided new residential dwellings are
prohibited in perpetuity on any vacant remnant parcel of land created by
the severance. As a condition of severance the applicant must have the
remnant farm parcel rezoned to preclude its use for residential purposes.
The consent is for a lot adjustment for legal or technical reasons such as
easements, corrections to deeds, quit claims and minor boundary
adjustments which do not result in the creation of a new lot.”
Policy 6.A.9.2
The Region supports the Niagara Tender Fruit Lands Program. In
return for restrictive covenants on title, Niagara tender fruit growers
receive financial compensation. The program is administered under
the Agricultural Research Institute of Ontario Act. The uses are
those permitted in the restrictive covenant.
Policy 6.A.10
Proposed residential lots being considered for a consent under the
criteria in Policies 6.A.9 and 6.A.9.1 must also meet the following
conditions.
(a)
Any new lot is of sufficient size and has suitable soil and site
conditions for the installation and long-term operation of a private
waste disposal system in compliance with the requirements of the
Ministry of the Environment.
(b)
Any new lot has an adequate ground or other water supply, in
compliance with the requirements of the Ministry of the
Environment and the Medical Officer of Health.
(c)
Any new lot has sufficient frontage on an existing publiclymaintained road.
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SECTION SIX
AGRICULTURE
(d)
Where possible, joint use should be made of the existing road
access to the farm operation.
(e)
Road access to any new lot does not create a traffic hazard
because of limited sight lines on curves or grades or proximity to
intersections.
(f)
The size of any new lot shall not exceed an area of 0.4 hectares
(1 acre) except to the extent of any additional area deemed
necessary to support a well and private sewage disposal system
as determined by the Medical Officer of Health or such other
person appointed for that purpose by the Ministry of the
Environment.
(g)
The proposed lot should be located to minimize the impact on the
remaining farm operation.
Policy 6.A.11
Any land conveyance for a residential lot shall also comply with local
official plans and by-laws where more detailed and/or more restrictive
criteria are included.
Policy 6.A.12
Additional permanent or portable farm-related dwellings may be
permitted without severance for full time farm help where the size
and/or nature of the farm operations makes the employment of such
help necessary, where such additional dwelling does not have a
significant effect on the tillable area of the farm or its viability.
Policy 6.A.13
Water supply and sewage treatment facilities and essential public uses
such as utility, communication, and transportation facilities which are of
a linear nature and cannot reasonably locate outside agricultural areas
may be permitted within them and should be located so as to minimize
the effects on surrounding unique and good general agricultural lands,
farm operations, surface drainage, and natural environmental
resources.
Within the Niagara Escarpment Plan Area, the Niagara Escarpment
Plan as amended from time to time and the development criteria
relating to Transportation and Utilities shall apply.
Policy 6.A.14
The removal of topsoil from unique and good general agricultural lands
is generally discouraged and should be regulated by by-laws passed
under The Topsoil Preservation Act. Local municipalities will be
encouraged to enact by-laws under the provisions of the above Act to
regulate the removal of topsoil and to require the rehabilitation of lands
from which the topsoil has been removed.
Policy 6.A.15
Interference with surface drainage that adversely affects the
productivity of nearby farmland should be prohibited. Municipalities are
encouraged to control interference with surface drainage under the
49
SECTION SIX
AGRICULTURE
provisions of Section 208 of the Municipal Act and under Section 41 of
the Planning Act. Municipalities also are encouraged to support the
flood plain and fill line mapping program of the Niagara Peninsula
Conservation Authority and the registration of fill lines once mapped.
Livestock Operations
Policy 6.A.16
New dwellings on existing lots and proposed new lots must be
separated from existing livestock operations on adjacent properties.
Similarly, new or expanded livestock operations must be separated
from existing dwellings on adjacent properties. It is required that local
official plans and zoning by-laws use the Minimum Distance Separation
Formula of the Agricultural Code of Practice as their standard for
livestock operations. Exceptions may be made for farm buildings under
the same ownership. Also, as set out in the Agricultural Code of
Practice, other non-farm uses shall comply with the Minimum Distance
Separation Formula.
Notwithstanding the above, in areas shown as Good General
Agricultural Area on the Agricultural Land Base Map, new lots suitable
for residential dwellings must be separated from existing livestock
operations by 1000 feet or the distance determined by the MDS formula
whichever is greater.
Policy 6.A.17
Where urban areas boundaries have been established closer to an
existing livestock operation, new urban development must still comply
with the separation distance as determined by the Minimum Distance
Separation Formula of the Agricultural Code of Practice for Ontario.
Secondary Uses
Policy 6.A.18
Home industries such as welding shops, small engine repair, carpentry,
electrical; home occupations within residences such as bed and
breakfast facilities with up to six guestrooms and personal services; and
uses that produce and market value-added agricultural products are
permitted as secondary uses to the principal use of a property in an
agricultural area provided that:
(i) the use is small in scale and remains ancillary to the principal
use of the property, and
(ii) any value-added agricultural products are from the farm
operation on the property, and
(iii) all of the property remains designated and zoned agricultural,
and
(iv) new secondary uses are compatible with and do not hinder
surrounding agricultural uses, and
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SECTION SIX
AGRICULTURE
(v) home industries are permitted by zoning by-law amendment,
and
(vi) the use complies with other policies in the Regional Policy
Plan, and
No future severance of these secondary uses is permitted.
The local municipalities are expected to incorporate more detailed
policies in their Official Plans and Zoning By-laws to regulate secondary
uses (i.e., lot size, lot coverage, setbacks, and the need for site plan
control) so that any negative effects on agriculture are minimized.
6.B Policies for Rural Areas
The following policies and also Policies 6.A.16 and 6.A.17 apply to the Rural Area as
shown on the "Agricultural Land Base" map. The Rural Area includes some of the Class 3
lands, as well as Classes 4 to 7 inclusive, according to the Canada Land Inventory: Soil
Capability for Agriculture.
Policy 6.B.1
The predominant use of lands in the "Rural" Area will continue to be
agriculture, but some non-farm related development will be permitted.
(Rural lands are shown on the accompanying map, "Agricultural Land
Base".)
Policy 6.B.2
A variety of non-agricultural development may be located in the Rural
Areas (which are shown in the Policy Plan) subject to meeting all the
provisions contained in Section 6.B. Certain types of low intensity
non-agricultural development such as non-farm residential uses
including estate subdivisions, recreational uses, and small-scale
commercial and institutional development may be permitted generally
in the Rural Areas subject to a rezoning or a consent to convey in the
case of residential uses. Local official plan policies for non-agricultural
development shall provide direction on the following issues:
Policy 6.B.2.1
(1)
the future pattern and character of development,
(2)
the extent of protection for agricultural activities,
(3)
types of and compatibility among uses either permitted generally
or by local official plan designation,
(4)
the extent of protection to natural resources,
(5)
compatibility with adjoining agricultural areas, and
(6)
access and servicing requirements.
Development in the Rural area located east of Highway 58, south of
Old Thorold Stone Road, west of Townline Road and north of
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SECTION SIX
AGRICULTURE
Beaverdams Road in the City of Thorold will proceed by way of a
secondary plan addressing such issues as the residential compatibility,
servicing, historical features, tourism, and the natural environment.
This secondary plan will form part of either the Thorold Official Plan or
the Regional Policy Plan.
A 61 metre (200 foot) possible future highway widening corridor along
the east/west portion of Highway 58 (Thorold Stone Road) between
Davis Road and Thorold Townline Road as shown in the City of
Thorold Official Plan will be protected until future Highway 420
extension needs are identified by the Ministry of Transportation. Also,
no direct new access will be permitted to the above portion of Highway
58 between Davis Road and Thorold Townline Road.
Policy 6.B.3
Development in the Rural Area will be permitted only when the
individual lot and its soil conditions are suitable for the satisfactory longterm operation of a private waste disposal system, in accordance with
the requirements of the Ministry of the Environment.
Policy 6.B.4
Development in the Rural Area will be permitted only when the water
supply meets the requirements of the Ministry of the Environment or its
agents and the Medical Officer of Health.
Policy 6.B.5
Developments outside the urban areas boundaries will not be provided
with municipal water and sewer services but instead will be expected to
depend on private waste disposal systems and private water supply.
The above policy applies to all lands outside the Urban Areas
Boundaries.
Notwithstanding the above:
(a)
Municipal sewers or water supply mains may be extended outside
the urban area where required to correct an existing health
problem as determined by the Medical Officer of Health or where
there is a clean-up order from the Ministry of Environment. All
alternatives to municipal mains for resolving the health concern
must be considered.
(b)
Further, extensions of the water supply system may be permitted
for necessary operating purposes, such as the looping of existing
mains, the replacement of existing mains, and the interconnection
of urban areas.
(c)
Further, Regional Council may also consider requests by local
municipalities for extensions of municipal water mains to serve
existing and proposed agricultural and agriculturally-related uses
subject to:
(1)
Compliance with the provisions of Section 8.B.8;
52
SECTION SIX
Policy 6.B.5.1
AGRICULTURE
(2)
The proviso that the predominant use for the water supplied
will be for existing or proposed agricultural or agriculturallyrelated uses; and
(3)
Provided that notice is given by the municipality to
neighbouring owners by personal service or prepaid first
class mail to every owner of land whose land is within
120 metres (400 feet) of the proposed waterline extension
as shown on the last revised assessment roll of the
municipality.
(d)
The above policy regarding the extension of water to agricultural
and agriculturally-related uses will expire at the end of 2009. In
the event of such an expiry of the policy, subsequent applications
will require an amendment to this Plan. Between 2004 and 2009,
the number, location and size of all servicing extensions will be
monitored.
(e)
Further, the Regional Council may only consider requests by local
municipalities for municipal connections to Regional transmission
watermains under Section 89 (a) of the Municipal Act, 2001
subject to compliance with Policy 8.B.8.
(f)
The Regional Council may also consider requests by local
municipalities for extensions of the water supply system beyond
the urban areas boundaries for other permitted uses subject to
amendments to this Plan which specify the area to be served and
which satisfy the criteria set out in Policy 8.B.8.
(g)
A policy of a local municipality regarding waterline extensions
shall be deemed to be in conformity with the Regional Niagara
Policy Plan even if the local policy is more restrictive than Policy
6.B.5.
(h)
Within the area of the Niagara Escarpment Plan, such proposed
extensions will be subject to conformity with the Niagara
Escarpment Plan as amended from time to time, and will require
a Development Permit from the Niagara Escarpment
Commission.
(i)
Within areas designated Unique Agricultural Areas, waterline
extensions may be extended for health reasons and to serve uses
existing as of December 16, 2004 and expansions thereof
adjacent to the urban area. Extensions to serve existing nonagricultural uses will require an Amendment to this Plan.
Notwithstanding the provisions of Policy 6.B.5, the extension of a 38 mm
diameter sanitary sewer forcemain is permitted to serve the proposed
Vincor International Inc. estate winery to be located to the east of the
53
SECTION SIX
AGRICULTURE
Jordan community and south of Regional Road 81 in the Town of
Lincoln.
Policy 6.B.5.2
Notwithstanding the land use provisions of Section 6.B.5 of the
Agriculture and Rural Areas Policies in the Regional Policy Plan, a 200
mm diameter PVC sanitary sewer line extension of approximately 90
metres in an area outside the Urban Area Boundary in the Town of
Grimsby to service an existing residential lot intended for residential
development in a “Good General Agricultural Area” is permitted. The site
is located on the north side of Main Street West (Regional Road 81)
about 50 metres east of Hunter Road, Part of Lot 18, Concession 2, Part
1, Plan 30R-10938
Policy 6.B.5.3
Notwithstanding the provisions of Policy 6.B.5, the extension of a
sanitary sewer forcemain is permitted on Haist Street outside the Fonthill
Urban Area to serve the Pelham Evangelical Friends Church located at
940 Haist Street and two intervening existing residential dwellings
located on Haist Street between the Urban Area and the church building.
Rural Residential Development in Rural Areas
Policy 6.B.6
The Region will permit some non-farm residential development in the
Rural Area, as described in the first paragraph under the heading 6.B
Policies for Rural Areas, with a reduced level of services and on large
lots, subject to Policy 6.B.9. Such development will be subject to
detailed regulations by the area municipalities through their official
plans and zoning by-laws. Any such development will be reviewed by
the Region through either a plan of subdivision or a consent application.
The granting of a consent to convey by the Land Division Committee
must be in conformity with the policies recommended in the Food Land
Guidelines issued by the Ministry of Agriculture, Food and Rural Affairs.
Policy 6.B.7
The long-term pattern and character of future development within any
local municipality must be carefully considered before non-farm
residential development in the Rural Area can be approved.
Policy 6.B.8
The cost of providing ancillary services such as storm drainage,
snowplowing, road maintenance, possible road paving, garbage and
refuse pickup if necessary, the operation of additional school buses,
etc., should be reviewed when considering approval of any non-farm
residential development in the Rural Area.
Policy 6.B.9
Proposals for rural residential development in the Rural Area must
meet the following criteria, in addition to the other requirements of this
Policy Plan, the Niagara Escarpment Plan and the local official plans:
(1)
The proposed development should offer amenities such as
diverse landscaping and vegetation.
54
SECTION SIX
AGRICULTURE
(2)
The proposal should be designed, insofar as is possible, to retain
desirable natural features and vegetation, if any, and, in addition,
may make provision for the enhancement of the site.
(3)
The development should be at a scale and density suitable to the
physical characteristics of the site.
(4)
Soil and drainage conditions are suitable and permit the proper
siting of buildings, the supply of potable water and the installation
and long-term operation of an adequate means of waste disposal.
(5)
The site should not have problems of flooding, erosion, unstable
slopes, is not swampy, and does not have organic soils.
(6)
Development will not have a significant detrimental impact on the
larger surrounding ecosystem, such as a reduction in water
quality and quantity or interference with natural farm drainage.
(7)
Proposed developments must be suitably distant from, and
protected from, incompatible land uses such as existing pits and
quarries, possible mineral resource areas recognized in this Plan,
livestock operations, existing and former solid waste sites, major
transportation facilities and heavy industrial uses which may result
in adverse environmental effects.
The Minimum Distance
Separation Formula of the Agricultural Code of Practice must be
used to determine the separation distance of a proposed
development from an existing livestock operation.
(8)
Proposed developments must have adequate access, but
locations must not jeopardize the operation of the road system by
improper or numerous accesses.
(9)
Minimum lot size shall normally be about 0.4 hectares (1 acre)
and the minimum frontage 46 metres (150 feet), but this is
variable depending on local conditions or on special design
proposals. For multiple lot residential development consisting of
three or more lots the minimum lot size will be 1 hectare unless it
is determined through a hydrogeological study that considers
potential cumulative impacts that a smaller size lot will adequately
accommodate private water and sewage treatment facilities for
long term operation. Applications for multiple lot estate residential
development should be accompanied by a drainage plan and
should be subject to site plan approval.
(10) Maximum lot size in the case of a lot, other than an existing lot,
where soils of Classes 1, 2, 3 or 4 as defined in the Canada Land
Inventory of Soil Capability for Agriculture predominate shall not
exceed an area of 0.4 hectares (1 acre) except to the extent of
any additional area deemed necessary to support a well and
55
SECTION SIX
AGRICULTURE
private sewage disposal system as determined by the Medical
Officer of Health or such other person appointed for that purpose
by the Ministry of the Environment.
Policy 6.B.10
Local municipalities wishing to designate rural residential areas should
include in their official plans rural residential policies which form part of
the municipality's overall housing policies and conform to Niagara
Escarpment Plan policies as amended from time to time and within the
Niagara Escarpment Plan area.
Policy 6.B.11
In addition to the policies in this Plan, the site consisting of
approximately 30.5 ha (75 acres) and located on the north side of Miller
Road, approximately 2900 feet east of Willoughby Drive in the City of
Niagara Falls is subject to the following policies:
(i) non-farm development proposals such as recreational,
institutional, or estate residential developments will require an
amendment to the City of Niagara Falls Official Plan. Such
proposals shall be supported by qualified evidence demonstrating
matters of need, suitability of the site for the proposed
development, effect on adjacent properties, the adequacy of
private water and sewer services, adequacy of road access,
impact on Usher’s Creek, impact on woodlands on the site, and
financial impact on the municipality.
(ii) estate residential development shall proceed by plan of
subdivision.
Policy 6.B.12
6.C
Notwithstanding the provisions in Section 6.B no new estate residential
subdivisions are permitted within the Rural Areas shown in the Town of
Fort Erie.
Policies for Villages and Hamlets
Villages and Hamlets are areas designated in local official plans for further development of
a low-density nature without the provision of municipal water and sewers. They include
existing groups of houses and may play an important social and economic role for the
people in the surrounding Agricultural or Rural Area.
Policy 6.C.1
Villages and Hamlets where additional development is to be permitted
shall be designated and their boundaries defined in local official plans.
They should have sufficient development capacity to accommodate
supporting farm-related uses and only a limited amount of non-farm
related development. In areas identified as Good General Agricultural
Areas an amendment to the Regional Policy Plan will be required to
show the general location. This amendment will be reviewed
according to the objectives and policies in this Plan and the detailed
provisions in 6.C. New hamlets or expansions to existing hamlets
should be identified only at the time of a comprehensive official plan
review and only where it has been demonstrated that:
56
SECTION SIX
x
x
x
AGRICULTURE
Sufficient opportunities for growth are not available through
intensification and redevelopment in urban areas,
There are no alternatives that avoid Good General Agricultural
Areas, and
There are no reasonable alternatives on lower priority agricultural
lands in Good General Agricultural Areas.
Notwithstanding the above provisions, no new hamlets or expansions
to existing hamlets are permitted in Unique Agricultural Areas.
Policy 6.C.1.1
In accordance with the provisions of Policy 6.C.1, a church is permitted
on about a 5 acre parcel located west of Wellandport Road in the
Township of Wainfleet as an extension to the boundary of the hamlet of
Wellandport and as further illustrated in the Township of Wainfleet
Official Plan.
Policy 6.C.1.2
In accordance with the provisions of Policy 6.C.1, a parcel of land
approximately 7 hectares (18 acres) in area, located south of Ostryhon
Corners in the Township of Wainfleet is included within the boundary of
the Hamlet of Ostryon Corners as further illustrated in the Township of
Wainfleet Official Plan.
Policy 6.C.2
The boundaries of new and expanded hamlets in Good General
Agricultural Areas and in Rural Areas should be located so as to
minimize and mitigate to the extent feasible the impacts on nearby
agricultural operations.
Policy 6.C.3
Where Village and Hamlet boundaries have been established closer to
an existing livestock operation than determined by the Minimum
Distance Separation Formula in the Agricultural Code of Practice, new
Hamlet or Village development must still comply with the Minimum
Distance Separation Formula.
Policy 6.C.4
Development in Villages and Hamlets should preferably take place on
the basis of secondary plans. The Region will co-operate and assist in
the preparation and review of these secondary plans. The secondary
plans should deal with issues which include:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Policy 6.C.5
population
servicing
road system
land use
community facilities
effect on surrounding lands
implementation.
The Region will undertake a study of the settlement capability of
presently designated Villages and Hamlets. This will provide necessary
information on the capacity of existing designated areas.
57
SECTION SIX
AGRICULTURE
Policy 6.C.6
Development in Villages and Hamlets will be permitted by plan of
subdivision or by consent. Development will be encouraged in depth
rather than in strips along roads. Provision shall be made to permit
access at appropriate locations from the main road to second or third
tiers of lots behind the existing development, where proposed.
Wherever possible, the local municipality shall obtain such access in
the course of considering plans of subdivision and consents for land
severances.
Policy 6.C.7
Proposals for development will be carefully reviewed by both the local
municipality and the Region to ensure that the development is orderly
and well planned, that adequate services such as school bussing and
fire protection can be provided, that the added development will not
interfere with the operation of the arterial road system and that existing
problems such as pollution, inadequate water supply or conflicting land
uses will not be aggravated.
Policy 6.C.8
Development must be on lots having an adequate water supply and
suitable for private waste disposal systems in accordance with the
requirements of the Ministry of the Environment and the Medical Officer
of Health. The minimum lot size for new lots in Villages and Hamlets
should be 1hectare unless it is determined through a hydrogeological
study that a smaller lot size will adequately accommodate private water
and sewage treatment facilities for long term operation.
Policy 6.C.9
Proposals for development within or expansion to areas designated
Minor Urban Centre and the establishment of new Minor Urban Centres
within the Niagara Escarpment Plan as amended from time to time on
Niagara Escarpment Plan Area Map 1, are subject to Part 1.6, Minor
Urban Centres, and the development criteria in Part 2.
58
SECTION 7
SECTION 7
Natural Resources
and
Environmental Areas
SECTION SEVEN
ENVIRONMENTAL
7. Natural Resources
and Environmental Areas
Background
This Policy Plan has two basic functions: first to provide guidelines for the location and
type of development in both urban and rural areas and, second, to identify the
environmental resources of the Region and to develop measures for their protection and
management. It is the second function which is described in this section.
This section refers to several different kinds of policy areas: Recreation and Open Space,
Environmentally Sensitive Areas, Shorelines, Hazard Lands, Historic Sites, Mineral
Resources and Forest Resources. These policy areas tend to overlap somewhat, but are
sufficiently different and important to merit separate sets of policy statements.
The Environmental Resources of the Region
Much of what makes the Niagara Region a distinctive and attractive place in which to live
and work is the quality and extent of its environmental resources.
The Niagara Escarpment, the Short Hills, the Lake Erie and Lake Ontario shorelines, the
major river and stream valleys, the Niagara River and the Welland Canal lands are the
primary areas for the provision of recreational, open space and park areas in the Region.
These areas form an interlinking network of corridors which must be protected to meet the
needs of the Region's valuable tourist industry, the increasing desire of residents for
recreational and scenic areas and also as a continuing and irreplaceable natural heritage.
The various marshes, forested areas, lakes, rivers and other dispersed locations of
valuable or endangered plant and animal life provide a necessary link in the maintenance
of natural systems, a living laboratory for study and research and an important source of
sport and recreational activities. There is a special urgency to protect these areas since
they represent a particularly fragile and, in many cases, a rapidly disappearing natural
resource.
The Niagara Region is also rich in history, being one of the oldest settled areas in Ontario,
a place settled by the United Empire Loyalists and fought over during the War of 1812.
The Region is fortunate to have retained numerous examples of architecturally important
buildings, neighbourhoods and entire communities. The abandoned locks of the Welland
Canals are a reminder of the early industrial development of the Region. These areas
should be preserved not just for their aesthetic value but as an important component in
understanding and appreciating the Region's settlement and development history.
The mineral and forest resources of the Region represent important economic assets
providing employment and raw materials for the development of the Region. These areas
also must be protected.
60
SECTION SEVEN
7.A
ENVIRONMENTAL
Recreation and Open Space
Objectives for Recreation and Open Space
Objective 7.A.1
To ensure sufficient recreational, open space and park areas within the
Region to meet the leisure needs and desires of present and future
residents and visitors.
Policies for Recreation and Open Space
Policy 7.A.1
The Region considers that its major role in recreation and open space
should be related to co-ordination of the activities of the various public
agencies involved, especially when the areas are of regional
significance or transcend the boundaries of individual local
municipalities.
Policy 7.A.2
The Region recognizes that the primary role of local municipalities in
the field of recreation and open space should be the development of
policies and programs for the acquisition, use, management and
distribution of recreation and open space areas which best serve the
needs of the residents of that municipality.
Policy 7.A.3
The Region may provide funding for land acquisition in cases where
this cannot be accomplished through other agencies. Wherever
possible, acquisition programs shall be in co-operation with other
agencies and shall use available cost-sharing programs. The Region
will also seek the necessary legislative changes to permit such funding.
Policy 7.A.4
The Region will evaluate the potential of all public lands including
property owned by the St. Lawrence Seaway Authority, the Federal
Department of National Defense, the public utilities, and the Region for
recreation and open space uses. Those lands considered desirable for
recreation and open space uses should be retained in public ownership
with the operational responsibility transferred through lease or other
agreements if necessary to the appropriate recreation, conservation or
park agency.
Policy 7.A.5
Arrangements for the multiple use of publicly-owned lands with
recreation potential will be made, wherever possible, recognizing both
the needs of the public agency owning the lands and the desirability of
recreational uses. The possibility of developing a walking or riding trail
system using public utility rights-of-way and the St. Lawrence Seaway
Authority lands will be explored.
Policy 7.A.6
The Region supports and encourages continued liaison between the
Ministry of Natural Resources, the Ministry of Citizenship, Culture and
Recreation, the Niagara Parks Commission, local municipalities, other
relevant agencies, and the Region in the acquisition, use and
management of recreation and open space lands and the development
of recreation programs and activities.
61
SECTION SEVEN
ENVIRONMENTAL
Policy 7.A.7
A continuous pedestrian route generally following the Bruce Trail should
be protected along the Niagara Escarpment, recognizing and protecting
the rights of the property owners involved.
Policy 7.A.8
The Niagara Escarpment Plan sets out the policies and framework for a
Niagara Escarpment Parks System stretching from Queenston to
Tobermory. The Parks System is the responsibility of, and coordinated
by the Ministry of Natural Resources and includes 105 parks managed
by several public agencies. The Bruce Trail is an essential component
of the Parks system linking parks and natural features. A summary of
the Parks System concept is provided in the Niagara Escarpment Plan.
The following is a list of the Escarpment Parks within the Niagara
Region:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
7.B
Beamer Memorial Conservation Area
Mountainview Conservation Area
Cave Springs
Ball's Falls Conservation Area
Louth Conservation Area
Rockway Conservation Area
St. John's Conservation Area
Short Hills Provincial Park
Thirty Mile Creek
Welland Canal
Woodend Conservation Area
Queenston Quarry
Woolverton Conservation Area
Queenston Heights (Brock's Monument)
Environmentally Sensitive Areas
Environmentally sensitive areas are identified in a general way on the Environmental Areas
map. The selection of specific areas was based on information contained in the Draft
Regional Official Plan Background Report entitled "Potential Recreation Areas and Fragile
Biological Sites" together with some input from the Ministry of Natural Resources, the
Niagara Peninsula Conservation Authority and several private groups and individuals
concerned about the natural environment.
The areas identified as environmentally sensitive include the major marshes throughout
the Region, important plant and wildlife habitats, major forested areas and major landforms
such as the Niagara Escarpment and the Short Hills which have an important scenic and
natural value. More precise boundaries for environmentally sensitive areas will be
established over time based on further study and individual environmental impact
statements.
There is a need to further examine the natural amenities of the Region in order to more
fully understand the natural systems and to monitor the effects of development on them.
As knowledge of the environmentally sensitive areas increases, additional areas may be
designated and other existing areas deleted or reduced in size.
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Objectives for Environmentally Sensitive Areas
Objective 7.B.1
To preserve, protect and conserve environmentally sensitive areas.
Objective 7.B.2
To permit only those uses which are compatible with and will not
damage environmentally sensitive areas.
Policies for Environmentally Sensitive Areas
Policy 7.B.1
The Region will consider the establishment of an Environmental
Advisory Committee to identify, inventory and analyze environmentally
sensitive areas.
Policy 7.B.2
The Region supports the need for added information on
environmentally sensitive areas to assist with future environmental
impact studies. The Region, with the assistance of an Environmental
Advisory Committee, will prepare the following:
Policy 7.B.3
(a)
an acceptable set of criteria
environmentally sensitive areas;
for
the
identification
of
(b)
a more detailed identification, inventory and analysis of the natural
features of the Region in order to better determine the degree of
sensitivity of each area;
(c)
a revised set of policies for the use and management of areas
identified; and
(d)
a workable set of procedures for the carrying out of environmental
impact studies.
As an interim measure, the following policies will apply to
environmentally sensitive areas identified in a general way on the
Environmental Areas map. The uses permitted in environmentally
sensitive areas will be limited to the following uses, subject to the other
policies contained in this plan, in particular, the Niagara Escarpment
Plan policies in Section 7.H, and any more restrictive policies and
regulations of the local municipalities and the Provincial Government:
(a)
agricultural uses;
(b)
forestry uses and timber harvest operations in woodlots under
agreement pursuant to The Woodlot Improvement Act and The
Forestry Act;
(c)
public and private recreation and open space uses such as golf
courses, campgrounds, picnic areas, and nature reserves;
(d)
rural non-farm residential uses, provided they are identified in
local official plans and provided the Region, when reviewing
development applications, is satisfied they will not adversely affect
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SECTION SEVEN
ENVIRONMENTAL
the natural environment of the particular area or existing
agricultural uses on adjacent lands.
In determining whether or not the proposed development
adversely affects the natural environment, the Region may require
a study submitted by the applicant and carried out by a qualified
environmental specialist which identifies and describes the natural
environment that will be affected (plant and animal species,
natural systems involved, groundwater table, etc.), the effects on
the environment that may be caused by the development and
actions necessary to remedy or prevent these effects. Included
as well should be an evaluation of the advantages and
disadvantages to the area of the undertaking or development and
the alternatives to the undertaking or development.
Policy 7.B.4
Uses which could detract from and damage environmentally sensitive
areas will not be permitted on or adjacent to these areas.
Policy 7.B.5
Where environmentally sensitive areas are located on public lands, the
Region, in co-operation with the public agency concerned, will support
and encourage all measures intended to protect, preserve and improve
the quality of environmentally sensitive areas.
Policy 7.B.6
The Region will support and encourage the acquisition of
environmentally sensitive areas for public recreation and conservation
purposes by the appropriate local, Provincial and Federal agencies and
will itself consider contributing toward the acquisition of such areas.
However, it should not be inferred that the designation of
environmentally sensitive areas represents a commitment to purchase
such areas nor should it be implied that such areas under private
ownership are free and open to the public.
Policy 7.B.7
Uses such as public utilities, communication and transportation
facilities, and public uses including waste disposal sites should only be
permitted in or through environmentally sensitive areas if it can be
demonstrated that the advantages of any project outweigh the
disadvantages. This weighing of advantages versus disadvantages
requires evaluation of:
(a)
the value and sensitivity of the particular site;
(b)
the expected impact of the
environmentally sensitive area;
(c)
the need for and benefits of the proposed project; and
(d)
the advantages and disadvantages of alternative locations for the
proposed project.
proposed
project
on
the
Within the Niagara Escarpment Plan area, the above noted uses are
subject to the requirements of the Niagara Escarpment Plan Policies in
Section 7.H.
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SECTION SEVEN
ENVIRONMENTAL
Policy 7.B.8
Pending completion of the studies referred to previously, the Region
accepts some flexibility in respect of the environmentally sensitive
areas, and recognizes that the mapping of such areas in local official
plans may define such areas more precisely at this time. The Region
accepts that such local mapping, after Regional review and approval,
will supersede the Environmental Areas Map in this Plan, provided any
differences are of a minor nature. In the area of the Niagara
Escarpment Plan Policy 7.B.9 replaces Policy 7.B.8.
Policy 7.B.9
The Escarpment Natural Area as defined in the Niagara Escarpment
Plan is based on further studies as contemplated in Policy 7.B.8 and
has been adopted by the Province of Ontario. The environmentally
sensitive area which is schematically shown on the Environmental
Areas map, is redefined to coincide with the Escarpment Natural Area
designation in the Niagara Escarpment Plan as shown in Section 7.H
within the boundaries of the Niagara Escarpment Plan area.
7.C
Shorelines
The Lake Erie and Lake Ontario shorelines, together with the Niagara River lands,
represent an important public resource. The development and use of these areas should
be in a manner consistent with maximizing public access to this resource and at the same
time minimizing the potential hazard to both life and property as a result of periodic
flooding or shoreline erosion.
Further study of the shoreline lands is necessary in order to develop an overall shoreline
planning strategy.
Objectives for Shorelines
Objective 7.C.1
To recognize, protect and improve the shoreline lands in a manner
which reflects their value as a public amenity and as areas of potential
hazard to both life and property.
Policies for Shorelines
Policy 7.C.1
Road closings which restrict public access to the Lake Ontario and
Lake Erie shorelines will not be permitted unless a new suitable
alternative access is provided in the same general area.
Policy 7.C.2
The Region, when reviewing development applications in shoreline
areas, will encourage public use and access to shorefront lands across
publicly-owned lands in co-operation with local municipalities through
agreements and/or land dedications. This policy does not imply that
shorefront lands will necessarily be accepted by the municipality to fulfill
park dedication requirements nor does it in any way commit the
municipality to purchase or maintain shorefront properties.
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ENVIRONMENTAL
Policy 7.C.3
The detailed distribution of land uses related to Lake Erie and Lake
Ontario shorelines within urban areas boundaries is primarily the
responsibility of the local municipalities concerned.
Policy 7.C.4
The uses permitted in areas related to the shorelines outside the urban
areas boundaries is a legitimate area of shared local and Regional
concern.
Policy 7.C.5
The uses permitted should conform to those uses set out in the
Agricultural and Rural Areas Policies and other policies of this Plan.
However, due to the special problems associated with shoreline
development, the following additional policies will apply:
(a)
Policy 7.C.6
Where new rural non-farm residential uses are permitted:
•
the areas involved must be identified and supported in local
official plans;
•
the development must comply with other policies of this Plan;
and
•
the development must be designed in such a way so as to
facilitate public access to the shoreline.
(b)
Any new development involving the construction of a permanent
building should be set back from the shoreline in accordance with
the hazard land provisions of this Plan.
(c)
Conversions of resort residential development of a seasonal
nature to permanent year-round use should not be permitted
unless it meets the requirements of the Ministry of the
Environment, and Regional and local policies related to
year-round, rural non-farm residential development.
The Region will support and encourage the activities of Environment
Canada and the Provincial Ministry of the Environment in all necessary
measures to reduce pollution and ameliorate the quality of the water in
Lake Erie and Lake Ontario.
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7.D
ENVIRONMENTAL
Hazard Lands
The definition of hazard lands includes all lands which, due to their location and/or physical
characteristics, are unsuitable for development. Hazard lands include lands susceptible to
flooding, erosion, slumping, poor drainage, and organic soils. The development of hazard
land poses high costs to society due to the loss of life or property.
It is the present practice of the Ontario Government to require that all local official plans
contain policy maps and statements intended:
•
to indicate the location of all hazard lands; and
•
to restrict the development of such lands primarily to such uses as agriculture,
outdoor recreation, forestry, wildlife conservation and public or private recreational
facilities.
Under The Conservation Authorities Act, the Ministry of Natural Resources has
developed criteria for identifying hazard lands. These criteria have been used by the
Ministry of Natural Resources to prepare maps showing hazard lands in the Niagara
Region. Detailed maps for floodplains and other hazard areas are available through the
Niagara Peninsula Conservation Authority.
Objectives for Hazard Lands
Objective 7.D.1
To reduce potential property damage and loss of life in those areas that
are, by their location and/or physical characteristics, hazardous to
development.
Objective 7.D.2
To preserve and conserve the character and quality of natural areas
and the environment in general.
Policies for Hazard Lands
Policy 7.D.1
The Region supports the present practice of the Provincial Government
and will itself require that local official plans and zoning by-laws include
maps and text indicating the location of hazard lands, the permissible
uses thereon and factors to be considered in reviewing development
applications in hazard lands.
Policy 7.D.2
The Region supports the Niagara Peninsula Conservation Authority in
the requirements for its written consent as a condition to the
construction of buildings, or the placing or the removal of fill of any kind
in areas subject to periodic flooding or physical limitations, provided the
Region and the local municipalities have had an adequate opportunity
to consider and approve the hazard land and floodplain mapping.
Policy 7.D.3
The Region will co-operate with the local municipalities, the Niagara
Peninsula Conservation Authority and the Ministry of Natural Resources
in the development of park dedication criteria where new development
is proposed on a site, part of which is classified as hazard land.
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SECTION SEVEN
ENVIRONMENTAL
Generally, however, there should be no obligation to accept land as part
of the 5% park dedication in hazard land areas.
Policy 7.D.4
There should be no public obligation to purchase hazard land nor
should it be construed that private lands so designated are free and
open to the general public.
Policy 7.D.5
Setbacks for buildings along the Lake Ontario and Lake Erie shorelines
shall be established through local official plans and zoning regulations,
and should be based on average rates of erosion in the past years and
on the installation of erosion protection measures.
Policy 7.D.6
The Region will co-operate with the Provincial Government in measures
such as drainage improvements and other measures necessary to
reduce the threat of flooding and other physical hazards, provided such
improvements and measures have been adequately reviewed to
determine their economic and environmental costs and benefits.
Policy 7.D.7
The conservation of soil, water, flora and fauna will be encouraged in all
hazard land locations.
7.E
Mineral Resources
The Niagara Region is fortunate in having large deposits of sand, gravel, stone and shale
as illustrated on the sketch maps. These mineral resources play a significant role in the
Region's economy in providing necessary raw materials for buildings, roads and other
construction projects. Policies for mineral resources are intended to ensure that these
natural resources are available for future use and that their management is compatible with
the natural and human environment.
The Pits and Quarries Control Act, 1971, provides that:
(a)
all pit and quarry operations must obtain a Provincial license and
must meet the landscaping, buffering and setback regulations of
the Province; and
(b)
pit and quarry operations must prepare and follow plans for the
future rehabilitation of their pit or quarry and must contribute funds
to ensure that the rehabilitation measures are carried out.
There are now nine sand and gravel pits and eleven stone quarries within the Niagara
Region operating under the provisions of the above Pits and Quarries Control Act.
Approximately four million tonnes of aggregate have been extracted annually in recent
years.
Other mineral resources found in the Region are peat and natural gas. There is a large
peat-harvesting operation in the Wainfleet Marsh. A small amount of natural gas is
produced from the southern portion of the Niagara Region and offshore Lake Erie. Natural
gas is also stored underground in this Region to help provide for peak wintertime usage.
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SECTION SEVEN
ENVIRONMENTAL
Objectives for Mineral Resources
Objective 7.E.1
To ensure an adequate supply of mineral resources (including sand,
gravel, stone and shale) for the short-term and long-term construction,
chemical, and metallurgical needs within the Niagara Region.
Objective 7.E.2
To ensure the suitable location, operation and rehabilitation of mineral
extraction activities in order to minimize conflicts with both the natural
and human environment of the Region.
Policies for Mineral Resources
Policy 7.E.1
The Region accepts that all the currently licensed pits and quarries
within the Niagara Region may continue within the limits of the land
areas presently licensed, and subject to continuing satisfactory
operating and rehabilitation procedures. (Licensed pits and quarries
are shown approximately on the accompanying map, "Mineral
Resources".)
Policy 7.E.2
The Region will consider new pits and quarries or the expansion of
existing pits and quarries within either the "possible aggregate areas"
which are shown in a general way on the Mineral Resources map, or
elsewhere in the Region. In addition, within the Niagara Escarpment
Plan area any proposed new pit or quarry shall conform with the
Niagara Escarpment Plan policies.
Policy 7.E.3
Other uses within possible aggregate areas will be restricted, insofar as
possible, to existing uses plus agricultural, open space, and forestry
uses which do not involve significant new building. The intent is to limit
the establishment of uses or activities whose presence would either
prevent or conflict with the possible development of a pit or quarry
extraction operation. In addition, within the Niagara Escarpment Plan
area, land uses are restricted to uses that are permitted in the Niagara
Escarpment Plan policies.
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ENVIRONMENTAL
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73
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Policy 7.E.4
ENVIRONMENTAL
Only those uses permitted under Section 6.A, Policies for Agriculture,
and Niagara Escarpment Plan policies within the Niagara Escarpment
Plan area, should be considered for areas adjacent to either licensed
pits and quarries or possible aggregate areas which are outside the
urban areas boundaries of local municipalities as shown in this Plan.
Also, in areas adjacent to or in known deposits of mineral aggregate
resources, development and activities which would preclude or hinder
the establishment of new operations or the expansion of existing
operations or access to the resources shall only be permitted if:
(a) Resource use would not be feasible; or
(b) The proposed land use or development serves a greater long-term
public interest; and
(c) Issues of public health, public safety and environmental impact
are addressed.
Policy 7.E.5
Applications for licenses to open new pits or quarries and applications
for changes to or expansions of existing licensed pits or quarries will be
considered in relationship to the Niagara Escarpment Plan policies
within the Niagara Escarpment Plan area and to the following
conditions:
(a)
compliance with the provisions of other policies in this Plan
including Policies 7.B.1.31 to 7.B.1.34 inclusive in Section 7 of
this Plan.;
(b)
compatibility with surrounding land uses;
(c)
the impact on the natural environment including surface
watercourses and groundwater;
(d)
the proposed manner of operation, site plan, and rehabilitation;
(e)
the proposed haulage roads and the possible effect on the roads
concerned and on adjacent development.
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SECTION SEVEN
ENVIRONMENTAL
7.E.5.1 Notwithstanding any provisions in the Section 7.E to the contrary:
(a)
No new mineral aggregate operations, wayside pits and quarries or any
ancillary or accessory use thereto will be permitted between Lake Ontario
and the Niagara Escarpment Plan Area.
(b)
A new mineral aggregate operation or wayside permit or the expansion to
an existing operation may only be considered on primary and secondary
selected sand and gravel resources on the Fonthill Kame, in the Town of
Pelham, as identified by Aggregate Resource Inventory Paper #4 if the
applicant demonstrates that:
i.
Substantially the same land area will be rehabilitated back to an
agricultural condition which allows for the same range and productivity
of tender fruit or grape crops common in the area; and
ii. The micro climate on which the site and the surrounding area may be
dependent for tender fruit and grape crop production will be maintained.
(c)
A new mineral aggregate operation or the expansion of an existing
operation shall only be permitted in Unique Agricultural Areas not identified
under clauses (a) and (b) above where the applicant demonstrates the
following:
i.
The physical characteristics of the proposed site allow for the
rehabilitation of the property back to an agricultural condition, which
allows for the same range and productivity of tender fruit and grape
crops common in the area, and allow for the microclimate on which the
site and surrounding area may be dependent for grape and tender fruit
production to be maintained; or
ii. If the physical characteristics of the proposed site will not allow for the
rehabilitation of the property back to an agricultural condition, which
allows for the same range and productivity of tender fruit and grape
crops common in the area, and will not allow for the micro climate on
which the site and the surrounding area may be dependent for tender
fruit and/or grape production to be maintained, the applicant shall
consider alternative locations; and
iii. Where other alternatives have been considered by the applicant and
found unsuitable, and in situations where complete agricultural
rehabilitation to the same level of tender fruit and grape production is
not possible due to the depth of planned extraction or a substantial
aggregate deposit below the water table warranting extraction,
agricultural rehabilitation in the remaining licensed area will be
maximized as a first priority to allow production of tender fruit and grape
crops.
Policy 7.E.6
The Region desires full consultation among the Ministry of Natural
Resources, the Region, the area municipalities and pit and quarry
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SECTION SEVEN
ENVIRONMENTAL
applicants before the licenses are issued or changed, to ensure that
proposed new or expanded pit and quarry operations are found to be
on satisfactory sites and that the rehabilitation plans are found suitable.
Policies of local official plans and comments by area municipalities will
be taken into account. In addition, within the Niagara Escarpment Plan
area any pit and quarry application shall conform with the Niagara
Escarpment Plan policies.
Policy 7.E.7
The Region encourages progressive rehabilitation of operating pits and
quarries, that is, the simultaneous stripping, extraction, and
rehabilitation of licensed areas. The rehabilitation of the pit or quarry
should be compatible with the surrounding land uses.
Policy 7.E.8
In the case of adjacent pit or quarry operations, the Region will,
wherever practical, encourage the removal of all economically viable
material between the pits, and encourage continuous and harmonious
rehabilitation.
Policy 7.E.9
Where two extractive operations are separated by a Regional road, the
feasibility of allowing the producers to temporarily re-route and then
replace the road at a lower elevation will be considered to enable
operators to remove viable material between the operations.
Policy 7.E.10
Wayside pits and quarries which are to be operated by a public
authority or under agreement by an agent of a public authority for public
road purposes may be permitted temporarily in all parts of the Region
except in environmentally sensitive areas as shown in this Plan. In
addition, within the Niagara Escarpment Plan area any wayside pit and
quarry application shall conform with the Niagara Escarpment Plan
policies. Such public authority should inform the area municipality and
the Region of its intentions and respond to any comments made before
the opening of a wayside pit or quarry.
Policy 7.E.11
All pits and quarries and wayside pits and quarries are subject to the
Pits and Quarries Control Act, 1971, and Regulations as amended.
Policy 7.E.12
The Region will request area municipalities to establish land-use
designations and by-laws for pits and quarries to conform with the
policies and maps in this Plan.
Policy 7.E.13
Where a new pit or quarry or an extension to an existing licensed pit or
quarry are to be located outside a possible aggregate area, an
amendment to this Plan is required.
Policy 7.E.14
All the lands shown on the Mineral Resources map as Possible
Aggregate Area, located south of Mountain Road and west of the Trans
Canada Pipeline in the City of Niagara Falls, shall be rehabilitated in a
progressive and sequential manner for agricultural use following
licensing and extraction. Any rehabilitation for uses other than
agriculture shall require an Amendment to the Regional Niagara Policy
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SECTION SEVEN
ENVIRONMENTAL
Plan. (The reference to Mountain Road refers to the road alignment as
it existed prior to the fall of 2001.)
Policy 7.E.14.1
Notwithstanding the provisions of Section 6 Agriculture and Rural
Areas and above Policy 7.E.14 Environmental: Mineral Resources in
the Regional Niagara Policy Plan, a landfill and ancillary facilities for
the disposal of non-hazardous solid waste is permitted in accordance
with approvals under the Environmental Assessment Act and
Environmental Protection Act, on an 85.68 hectare property (53.9
hectare landfill footprint limit) generally located north of Thorold Stone
Road, west of Taylor Road, south of former Mountain Road and east
of Thorold Townline Road in the City of Niagara Falls (Township lots
31, 49, 50 and 66 in former Township of Stamford). The after use of
the property following land filling, if other than agriculture, will require
an amendment to this Plan.
Peat Extraction
Policy 7.E.15
7.F
The Region requests the Province to enact enabling legislation to
include peat extraction as mineral extraction under the Pits and
Quarries Control Act.
Historic Sites and Buildings
Objectives for Historic Sites and Buildings
Objective 7.F.1
To preserve buildings, communities and other sites of significant historic
and architectural interest.
Policies for Historic Sites and Buildings
Policy 7.F.1
The Region will encourage local municipalities to take advantage of the
provisions of The Ontario Heritage Act regarding the designation and
protection of historic and architecturally significant buildings and sites.
Policy 7.F.2
The Region, in co-operation with other levels of government and
concerned private groups, will identify, inventory and evaluate sites and
buildings of major historic and architectural significance.
The Region, in consultation with Provincial and Federal personnel, will
establish a sub-committee to assist in the identification and evaluation
of sites and buildings of historic and architectural significance.
Policy 7.F.3
The Region will carefully review development proposals which might
impair the historic or architectural character of sites and buildings
evaluated as being of significant interest.
Policy 7.F.4
Each area municipality should provide policies in its official plan for the
protection of sites and buildings which have historical or architectural
significance. There should be provision for the area municipality to
delay the demolition or extensive alteration of significant sites or
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SECTION SEVEN
ENVIRONMENTAL
buildings for a specific period to allow time for negotiations or public
purchase.
Policy 7.F.5
7.G
The public works and projects of all levels of government should
wherever possible be in harmony with the character of historic and
architecturally significant buildings and communities.
Forest Resources
Regional forest resources have economic significance. However, the associated aspects
of environmental protection, wildlife, recreation and soil and water conservation are at least
of equal importance. In assessing the value of forest resource protection policies,
therefore, it is necessary to consider not only the economics of the forest industry but also
the intangible environmental benefits that a forest provides.
Objectives for Forest Resources
Objective 7.G.1
To maintain a productive forest within the Region for its social,
economic, recreational and environmental values.
Policies for Forest Resources
Policy 7.G.1
The Region will co-operate with the Ministry of Natural Resources in its
efforts to expand the forested area of the Region and to promote a full
utilization of the forestry resources.
Policy 7.G.2
The Region will encourage forest protection in environmentally sensitive
areas and hazard lands and throughout the Region generally.
Policy 7.G.3
The Region will encourage agreements in rural areas on marginal or
abandoned farmland primarily above the Niagara Escarpment to
enhance forest value through stand improvements and reforestation
pursuant to The Woodlot Improvement Act.
Policy 7.G.4
Property owners will be encouraged to qualify for and use the tax
reduction and other benefits associated with the protection and
management of wooded properties.
Policy 7.G.5
In considering development in rural areas, the Region will attempt to
retain wherever possible existing trees in order to maintain visual relief,
to conserve natural resources and to protect viable woodlots.
Policy 7.G.6
The Region in co-operation with the Ministry of Natural Resources will
pursue action necessary under The Trees Act to rectify misuses of
forest resources and poor forestry practices.
Policy 7.G.7
Where aggregate extraction occurs, and agriculture is not deemed to be
a realistic alternate after-use, reforestation should be encouraged.
Policy 7.G.8
Within certain environmentally sensitive areas where timber harvesting
is taking place, the Region in co-operation with the Ministry of Natural
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SECTION SEVEN
ENVIRONMENTAL
Resources and any other appropriate agencies will approve where
necessary a forest management plan to maintain a single valuable
specimen of flora or fauna, to retain or increase plant and animal
species diversity and to retain a desired flora or fauna community in
perpetuity.
7.H
Niagara Escarpment Plan
Except as otherwise stated the policies of the Regional Policy Plan apply to the Niagara
Escarpment Plan area.
Part 1 Land Use Policies
7.H.1.1
Interpretation of Boundaries
The outer boundary of the area covered by the Niagara Escarpment Plan is
fixed and inflexible, and can be changed only by a Plan amendment.
Amendments to Section 7.H must conform with the Niagara Escarpment Plan
otherwise, Niagara Escarpment Plan amendments or Minister's modifications
would be necessary. This boundary is formed by a combination of such
features as roads, railways, electrical transmission lines, municipal and
property boundaries, lot lines, rivers and topographic features.
The internal boundaries between designations within the Plan, however, are
less definite except where they are formed by such facilities as roads, railways,
and electrical transmission lines. These internal boundaries, shown at a scale
of 1:50,000, are not intended to be site specific and should not be used for
accurate measurement. The exact delineation of designation boundaries on
specific sites will be done by the implementing body through the application of
the designation criteria (see Part 1) utilizing the most detailed or up-to-date
information available and site inspections.
Such designation boundary
interpretations will not require amendments to the Niagara Escarpment Plan.
7.H.1.2
Land Use Designations
The area of the Niagara Escarpment Plan has been allocated among the
following six land-use designations in Niagara:
• Escarpment Natural Area
•
Escarpment Protection Area
•
Escarpment Rural Area
•
Minor Urban Centre
•
Urban Centre
•
Mineral Resource Extraction Area
The land-use designations are shown on Niagara Escarpment Plan Map 1
which is part of the Niagara Escarpment Plan. A smaller scale replica will be
Note: The following policies in Section 7.H may not reflect the most recent revisions to
the Niagara Escarpment Plan approved by cabinet on June 17, 1994. Please
refer to the new Niagara Escarpment Plan.
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SECTION SEVEN
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included in Section 7.H for quick reference. Any interpretations of land use
designations should refer to Map 1 in the Niagara Escarpment Plan.
This part of the document explains the policies associated with each of these
designations and the way in which land may be used throughout the area of the
Niagara Escarpment Plan.
7.H.1.3
Escarpment Natural Area
Escarpment features and associated stream valleys, wetlands and forests
which are relatively undisturbed are included in this designation. These contain
important plant and animal habitats and geological features and are the most
significant natural and scenic areas of the Escarpment. The policy aims to
maintain these natural features.
Objectives
1. To maintain the most natural Escarpment features, stream valleys,
wetlands and related significant natural areas.
2. To encourage compatible recreation and conservation activities.
3. To maintain and enhance the landscape quality of Escarpment features.
Criteria for Designation
1. The least disturbed Escarpment slopes and related landforms associated
with the underlying bedrock.
2. Where forest lands abut the Escarpment, the designation extends 300
metres (1,000 feet) back from the brow of the Escarpment slope.
3. The most significant Areas of Natural and Scientific Interest (Life Science).
4. The most significant stream valleys and wetlands associated with the
Escarpment.
Permitted Uses
Subject to Part 2, Development Criteria and the Regional Policy Plan, the
following uses may be permitted:
1.
2.
3.
4.
5.
6.
7.
Existing agricultural operations.
Existing uses.
Single-family dwellings.
Non-intensive recreation uses such as nature viewing and trail
activities except the use of trail bikes and all-terrain vehicles.
Forest, wildlife and fisheries management.
Archaeological activities.
Essential transportation and utility facilities.
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SECTION SEVEN
8.
9.
10.
11.
12.
13.
New Lots
ENVIRONMENTAL
Accessory buildings, structures and facilities (e.g. a garage or farm
pond) and site modifications required to accommodate them.
Incidental uses (e.g. swimming pools, tennis courts) and site
modifications to accommodate them, provided that the impact on the
natural environment is minimal.
Uses permitted in approved Park Plans.
Home occupations and cottage industries.
Essential watershed management and flood and erosion control
projects carried out or supervised by a public authority.
Limited expansion of the existing small sandstone quarries subject to
Part 2.10.
New lots may be created subject to the provisions of this section, and
subject also to the applicable policies of Part 2, Development Criteria,
and other specified policies of the Regional Policy Plan and local official
plans.
1.
2.
3.
New lots may be created for the purpose of correcting
conveyances, enlarging existing lots or through acquisition by a
public body.
Severances may be permitted to recreate original lots along
original township lot lines and to create 40 hectare (100 acre) lots
along half-lot lines where the original township lot is 80 hectares
(200 acres).
A farmer who has been farming a substantial number of years and
is retiring from active working life may be permitted to sever one
lot from the farm holdings on which to build a house for retirement.
In addition to Part 1.3, Escarpment Natural Area, and the development
criteria of the Niagara Escarpment Plan, the following policies apply to
the Escarpment Natural Area designation for the referenced areas of
the Regional Policy Plan:
1.
In determining whether or not the proposed development
adversely affects the natural environment, the Region may require
a study submitted by the applicant and carried out by a qualified
environmental specialist which identifies and describes the natural
environment that will be affected (plant and animal species,
natural systems involved, groundwater table, etc.), the effects on
the environment that may be caused by the development and
actions necessary to remedy or prevent these effects. Included
as well should be an evaluation of the advantages and
disadvantages to the area of the undertaking or development and
the alternatives to the undertaking or development.
2.
Uses which could detract from and damage Escarpment Natural
Area will not be permitted on or adjacent to these areas.
3.
Transportation and utility facilities preferably should not be located
in this area. The Niagara Escarpment Plan development criteria
apply to such projects. In addition, the advantages of such
82
SECTION SEVEN
ENVIRONMENTAL
projects are to be demonstrated to outweigh the disadvantages.
This weighing of advantages versus disadvantages requires
evaluation of:
4.
7.H.1.4
(a)
the value and sensitivity of the particular site;
(b)
the expected impact of the proposed project on the natural
environment;
(c)
the need for and benefits of the proposed project; and
(d)
the advantages and disadvantages of alternative locations
for the proposed project.
Policies 6.B.5 and 8.B.6 apply to the provision of municipal
sewers and water supply in addition to the development criteria.
Escarpment Protection Area
Escarpment Protection Areas are important because of their visual prominence
and their environmental significance. They are often more visually prominent
than Escarpment Natural Areas. Included in this designation are Escarpment
features that have been significantly modified by land use activities such as
agriculture or residential development, land needed to buffer prominent
Escarpment Natural Areas, and natural areas of regional significance.
The policy aims to maintain the remaining natural features and the open, rural
landscape character of the Escarpment and lands in its vicinity.
Objectives
1.
To maintain and enhance the open landscape character of Escarpment
features.
2.
To provide a buffer to prominent Escarpment features.
3.
To maintain natural areas of regional significance.
4.
To encourage agriculture, forestry and recreation.
Criteria For Designation
1.
Escarpment slopes and related landforms where existing land uses have
significantly altered the natural environment (e.g. agricultural lands or
residential development).
2.
Areas in close proximity to Escarpment slopes which visually are part of the
landscape unit.
3.
Regionally Significant Areas of Natural and Scientific Interest (Life
Science).
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SECTION SEVEN
ENVIRONMENTAL
Permitted Uses
Subject to Part 2, Development Criteria and the Regional Policy Plan, the
following uses may be permitted:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Agricultural operations.
Existing uses.
Single-family dwellings.
Dwelling(s) accessory to an agricultural operation.
Recreational uses such as golf courses, picnic sites, day-use
sites, unserviced camp sites and trail uses oriented towards the
land rather than requiring the building of major structures.
Forest, wildlife and fisheries management.
Archaeological activities.
Transportation and utility facilities.
Accessory buildings, structures and facilities (e.g. a garage or
farm pond) and site modifications required to accommodate them.
Incidental uses (e.g. swimming pools, tennis courts and ponds)
and site modifications to accommodate them, provided that the
impact on the natural environment is minimal.
Small scale institutional uses.
Uses permitted in approved Park Plans.
Home occupations, cottage industries and home industries.
Veterinary clinics.
Animal kennels in conjunction with a single-family dwelling.
Watershed management and flood and erosion control projects
carried out or supervised by a public agency.
Wayside pits or wayside quarries for municipal road construction
purposes subject to The Pits and Quarries Control Act and
Part 2.10.
New Lots
New lots may be created subject to the provisions of this section, and
subject also to the applicable policies of Part 2, Development Criteria,
and other specified policies of Regional Policy Plan and local official
plans.
1.
New lots may be created for the purpose of correcting
conveyances, enlarging existing lots, through acquisition by a
public body, and for agricultural operations provided both the
severed and remnant parcels are of sufficient size to remain
useful for agricultural purposes as outlined in the Foodland
Guidelines.
2.
Severances may be permitted to recreate original lots along
township lot survey lines and to create 40 hectare (100 acre) lots
along half-lot lines where the original township lot is 80 hectares
(200 acres).
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SECTION SEVEN
ENVIRONMENTAL
3.
Where no lots have ever been severed in the past, and where lots
to be created are not in conflict with the Foodland Guidelines, one
new lot may be severed for a permitted use per original township
lot (generally 40 hectares) or half-lot where the original township
lot is 80 hectares. The creation or acquisition of a lot by a public
body (e.g. for a road deviation) will not be considered as a
previous severance providing this does not result in a remnant
severance.
4.
In addition, a farmer who has been farming a substantial number
of years and is retiring from active working life may be permitted
to sever one lot from the farm holdings on which to build a house
for retirement.
Notwithstanding Part 1.4 Escarpment Protection Area, of the Niagara
Escarpment Plan, the following policies apply to the Escarpment
Protection Area designation for the referenced areas of the Regional
Policy Plan.
1.
The good tender fruit and grape areas, (unique agricultural areas),
and the good general agricultural areas will be preserved for
agriculture.
2.
In the unique and good general agricultural areas, uses, other
than agricultural uses and plant and wildlife conservation, that are
permitted in the Escarpment Protection Area designation are
subject to the requirements of Policy 6.A.6 in addition to the
development criteria.
3.
In the unique and good general agricultural areas, consents to
convey may be permitted only in accordance with Policy
6.A.9(a)(b)(c)(d)(e)(f), 6.A.9.1, 6.A.10, and 6.A.11, Part 1.4 of the
Niagara Escarpment Plan and the development criteria.
4.
Additional permanent or portable farm-related dwellings are
permitted in accordance with Policy 6.A.12 and the development
criteria.
5.
Transportation and utility facilities preferably should not be located
in unique and good general agricultural areas. If such cannot
reasonably be located outside of these areas, they should be
located so as to minimize the effects on surrounding unique and
good general agricultural lands, viable farm operations and
natural farm drainage and satisfy the development criteria.
6.
In the unique and good general agricultural areas, new dwellings
are subject to Policy 6.A.16 and 6.A.17 in addition to the
development criteria.
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SECTION SEVEN
ENVIRONMENTAL
7.
Where the Policy Plan's rural areas coincide with Escarpment
Protection Area any non-agricultural development permitted is
subject to Policy 6.B.2 in addition to the development criteria.
8.
In the unique, good general agricultural and rural areas, the
provision of municipal sewers or water supply is subject to Policy
6.B.5 and 8.B.6 in addition to the development criteria.
9.
Only the uses permitted in the unique and good general
agricultural areas should be considered adjacent to licensed or
adjacent to or in possible aggregate areas.
10. An amendment to the Regional Policy Plan and the Niagara
Escarpment Plan is required for a new pit or quarry or for an
extension to an existing licensed pit or quarry or for a new or
expanded possible aggregate area.
7.H.1.5
Escarpment Rural Area
Escarpment Rural Areas are an essential component of the
Escarpment corridor, including portions of the Escarpment and lands in
its vicinity. They provide a buffer to the more ecologically sensitive
areas of the Escarpment.
Objectives
1.
To maintain scenic values of lands in the vicinity of the
Escarpment.
2.
To maintain the open landscape character.
3.
To encourage agriculture and forestry and to provide for
low-density rural land uses.
4.
To provide a buffer for the more ecologically sensitive areas of the
Escarpment.
5.
To provide for the designation of new Mineral Resource Extraction
Areas which can be accommodated by an amendment to the
Niagara Escarpment Plan.
Criteria For Designation
1.
Minor Escarpment slopes and landforms.
2.
Lands in the vicinity of the Escarpment necessary to provide an
open landscape, and/or of ecological importance to the
environment of the Escarpment.
Permitted Uses
86
SECTION SEVEN
ENVIRONMENTAL
Subject to Part 2, Development Criteria and the Regional Policy Plan,
the following uses may be permitted:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Agricultural operations.
Existing uses.
Single-family dwellings.
Dwelling(s) accessory to an agricultural operation.
Recreational uses such as campgrounds, golf courses, country
clubs, and trail uses provided that any detrimental impact of these
uses on the Escarpment scenic qualities and natural environment
is kept to a minimum.
Forest, wildlife and fisheries management.
Archaeological activities.
Transportation and utility facilities.
Accessory buildings, structures and facilities (e.g. a garage or
farm pond) and site modifications required to accommodate them.
Incidental uses (e.g. swimming pools, tennis courts and ponds)
and site modifications to accommodate them, provided that the
impact on the natural environment is minimal.
Small scale institutional uses.
Uses permitted in approved Park Plans.
Home occupations, cottage industries and home industries.
Veterinary clinics.
Animal kennels in conjunction with a single-family dwelling.
Small-scale commercial and industrial development servicing
agriculture and the rural community.
Watershed management and flood and erosion control projects
carried out or supervised by a public agency.
New licensed pits or quarries producing less than 20,000 tonnes
(22,000 tons) annually subject to Part 2.10.
New licensed pits or quarries producing more than 20,000 tonnes
(22,000 tons) annually subject to Part 1.9 (requiring an
amendment to the Niagara Escarpment Plan), and Part 2.10.
Wayside pits or wayside quarries subject to The Pits and
Quarries Control Act, the Ministry of Transportation and
Communications Wayside Pits and Quarries Criteria, and Part
2.10.
New Lots
New lots may be created subject to the provisions of this section, and
subject also to the applicable policies of Part 2, Development Criteria,
and other specified policies of the Regional Policy Plan and local official
plans.
1.
New lots may be created for the purpose of correcting
conveyances, enlarging existing lots, through acquisition by a
public body, and for agricultural operations provided both the
severed and remnant parcels are of sufficient size to remain
useful for agricultural purposes as outlined in the Foodland
Guidelines.
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SECTION SEVEN
ENVIRONMENTAL
2.
Severances may be permitted to recreate original lots along
township lot survey lines and to create 40 hectare lots along
half-lot lines where the original township lot is 80 hectares (200
acres).
3.
Where no lots have ever been severed in the past, and where lots
to be created are not in conflict with the Foodland Guidelines, two
new lots may be severed for permitted uses per original township
lot (generally 40 hectares) or half-lot where the original township
lot is 80 hectares (200 acres). The creation or acquisition of a lot
by a public body (e.g. for a road deviation) will not be considered
as a previous severance provided this does not result in a
remnant severance.
4.
In addition, a farmer who has been farming a substantial number
of years and is retiring from active working life may be permitted
to sever one lot from the farm holdings on which to build a house
for retirement.
5.
Where the creation of lots does not conflict with the Foodland
Guidelines, new lots may be created by low density rural plans of
subdivision, condominium or other compatible forms of ownership.
Notwithstanding Part 1.5, Escarpment Rural Area, of the Niagara
Escarpment Plan, the following policies apply to the Escarpment Rural
Area designation for the referenced areas of the Regional Policy Plan:
1.
The Good Tender Fruit and Grape Areas, (Unique Agricultural
Areas) and the Good General Agricultural Areas will be preserved
for agriculture.
2.
In the Unique and Good General Agricultural Areas, uses, other
than agricultural uses and plant and wildlife conservation, that are
permitted in the Escarpment Rural Area designation are subject to
the requirements of Policy 6.A.6 in addition to the development
criteria.
3.
In the Unique Agricultural Areas, consents to convey may be
permitted only in accordance with Policy 6.A.9(a)(b)(c)(d)(e)(f),
6.A.10, and 6.A.11, Part 1.5 of the Niagara Escarpment Plan and
the development criteria.
4.
In the Good General Agricultural Areas consents to convey may
be
permitted
only
in
accordance
with
section
6.A.9(a)(b)(c)(d)(e)(f), 6.A.9.1, 6.A.10, 6.A.11, Part 1.5 of the
Niagara Escarpment Plan and the development criteria.
5.
In the Policy Plan's Rural Areas consents to convey may be
permitted only in accordance with Part 1.5 of the Niagara
Escarpment Plan and the development criteria and Policies
6.A.16, 6.A.17, and 6.B.9 and 6.B.10.
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SECTION SEVEN
7.H.1.6
ENVIRONMENTAL
6.
Additional permit or portable farm-related dwellings are permitted
in accordance with Policy 6.A.12 and the development criteria.
7.
Transportation and utility facilities preferably should not be located
in Unique and Good General Agricultural Areas. If such cannot
reasonably be located outside of these areas, they should be
located so as to minimize the effects on surrounding Unique and
Good General Agricultural lands, viable farm operations and
natural farm drainage and satisfy the development criteria.
8.
In the Unique and Good General Agricultural Areas new dwellings
are subject to Policy 6.A.16 and 6.A.17 in addition to the
development criteria.
9.
In the Policy Plan's Rural Areas, non-agriculture development
may be permitted only in accordance with Part 1.5 of the Niagara
Escarpment Plan and the development criteria and Policy 6.B.2.
10.
In the Unique, Good General Agricultural and rural areas, the
provision of municipal sewers or water supply is subject to Policy
6.B.5 and 8.B.6 in addition to the development criteria.
11.
Only the uses permitted in the Unique and Good General
Agricultural Areas should be considered adjacent to licensed or
adjacent to or in possible Aggregate Areas.
12.
An amendment to the Policy Plan is required for a new pit or
quarry or for an extension to an existing licensed pit or quarry or
for a new or extended possible aggregate area.
Minor Urban Centre
This land use designation identifies those rural settlements, villages and
hamlets that are distributed throughout the Niagara Escarpment Plan
area.
Objectives
1.
To provide concentration points for development in rural areas.
2.
To maintain the rural heritage of these settlement areas.
3.
To generally direct growth of villages, hamlets, and settlement
areas away from Escarpment Natural Areas and Escarpment
Protection Areas into Escarpment Rural Areas in a logical manner
with the least possible environmental and agricultural disruption.
4.
To ensure that any growth will be in accordance with a municipal
official plan and/or secondary plan which is not in conflict with the
Niagara Escarpment Plan.
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SECTION SEVEN
ENVIRONMENTAL
Criteria For Designation
The Minor Urban Centre designation includes Queenston and St.
Davids which are shown in the Regional Policy Plan and designated in
the local official plans.
Changes to the identified Minor Urban Centres and the designations on
Niagara Escarpment Map 1 do not require amendments to the Niagara
Escarpment Plan.
Boundaries
The Minor Urban Centre designation is shown by symbols on Niagara
Escarpment Map 1. Boundaries establishing the growth area will be
clearly defined by the local municipality in an official plan and/or
secondary plan which is not in conflict with the Objectives and
Development Objectives of this designation.
Permitted Uses and New Lots
The range of permitted uses and the creation of new lots will be subject
to the following Development Objectives and Part 2, Development
Criteria as well as policies of the Regional Policy Plan, local official
plans, and local zoning by-laws that are not in conflict with the Niagara
Escarpment Plan policies.
Development Objectives
1.
Growth generally should not extend into Escarpment Natural
Areas or Escarpment Protection Areas.
2.
Growth should be limited to minimize land-use conflicts (e.g. with
agriculture) and, where appropriate, incorporate adequate
screening and/or setbacks to reduce visual impact on the
Escarpment landscape.
3.
Growth should be minor only, relative to the size and capacity of
the settlement to absorb new growth, so that the rural heritage of
the community is maintained.
4.
Growth generally should take place as a logical extension of
existing development in the form of planned groups rather than
linear or scattered development. Expansion in depth rather than
extension along existing roads is preferred.
5.
Development proposals should be compatible with and provide for
the protection or restoration of historic features or areas,
archaeological sites and structures of architectural significance in
accordance with Part 2.11.
6.
Growth should be compatible with and provide for the protection
of unique ecologic areas, wildlife habitats, streams and water
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SECTION SEVEN
ENVIRONMENTAL
supplies and other environmentally sensitive areas, both inside
and adjacent to the Minor Urban Centres.
7.H.1.7
Urban Area
This designation identifies urban areas in which the Niagara
Escarpment and closely related lands are located. In some areas the
Escarpment is still largely undeveloped although surrounded by existing
development. In other areas, urban growth already has encroached
substantially on the Escarpment.
Objective
To minimize the impact and further encroachment of urban growth on
the Escarpment environment.
Criteria For Designation
Urban development and committed urban areas on or adjacent to the
Escarpment as provided for in local municipal official plans and/or
secondary plans.
Urban Area designations are found within the following municipalities:
•
City of St. Catharines
•
Town of Grimsby
Boundaries
The boundaries of the Urban Area designation generally reflect those
areas within a municipality identified for urban development in municipal
official plans and/or secondary plans.
Annexation of land by a municipality does not require an amendment to
the Niagara Escarpment Plan.
However, any change to the
designations of the Niagara Escarpment Plan requires a Niagara
Escarpment Plan amendment.
Permitted Uses and New Lots
The range of permitted uses and the creation of new lots will be subject
to the following Development Objectives and Part 2, Development
Criteria, as well as policies of the Regional Policy Plan and local official
plans and local zoning by-laws that are not in conflict with the Niagara
Escarpment Plan policies.
Development Objectives
1.
All development should be of an urban design compatible with the
visual and natural environment of the Escarpment. Where
appropriate, provision for adequate setbacks and screening
91
SECTION SEVEN
ENVIRONMENTAL
should be required to minimize the visual impact of urban
development on the Escarpment landscape.
7.H.1.8
2.
New lots should not be created to include the Escarpment Natural
or Escarpment Protection Area designation, except where such lot
creation is for the purpose of correcting conveyances, enlarging
existing lots or through acquisition by a public body, or where
there is insufficient area in the Urban designation to
accommodate the proposed development.
3.
Adequate public access to the Escarpment should be provided by
such means as parking areas, walkways or pedestrian trails (e.g.
Bruce Trail).
4.
Development proposals should be compatible with and provide for
the protection or restoration of historic features or areas,
archaeological sites and structures of architectural significance in
accordance with Part 2.11.
5.
Growth should be compatible with and provide for the protection
of unique ecological areas, wildlife habitats, streams and water
supplies and other environmentally sensitive areas both inside
and adjacent to Urban Areas.
Mineral Resource Extraction Area
The Mineral Resource Extraction Area designation includes pits and
quarries licensed pursuant to The Pits and Quarries Control Act and
areas where mineral resource extraction may be permitted subject to
the policies of this Plan.
Objectives
1.
To designate licensed Mineral Resource Extraction Areas.
2.
To minimize the impact of mineral extraction operations on the
Escarpment environment.
3.
To provide for areas where new pits and quarries may be
established.
Criteria For Designation
Existing licensed areas.
Permitted Uses
Subject to Part 2, Development Criteria and the Regional Policy Plan,
the following uses may be permitted:
1.
Agricultural operations
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SECTION SEVEN
ENVIRONMENTAL
2.
3.
Existing uses
Mineral extraction operations licensed pursuant to The Pits and
Quarries Control Act.
4.
Forest, fisheries and wildlife management.
5.
Archaeological activities.
6.
Recreational uses (such as trail activities and golf courses) which
are oriented to the land rather than the building of major
structures.
7.
Essential utility and transportation facilities.
8.
Watershed management and flood and erosion control projects
carried out or supervised by a public agency.
9.
Accessory buildings and facilities normally associated with the
mineral extraction operation, such as offices or crushing and
washing facilities but excluding asphalt plants.
10. Incidental uses and site modifications to accommodate them,
provided that the impacts of such uses on the natural environment
are minimal.
11. Uses permitted in approved Park Plans.
After Uses
Prior to a change of land use a mineral resource extraction area will
require an amendment to the Niagara Escarpment Plan. The after use
of the excavated area shall be compatible with, and have minimal
impact upon, the surrounding uses and the objectives of the Niagara
Escarpment Plan.
New Mineral Resource Extraction Areas
1.
New Mineral Resource Extraction Areas producing less than
20,000 tonnes annually in the Escarpment Rural Area to not
require an amendment to the Niagara Escarpment Plan.
However, an amendment to the Regional Policy Plan would be
required.
2.
New Mineral Resource Extraction Areas producing more than
20,000 tonnes annually which are designated in the Escarpment
Rural Area require an amendment to the Niagara Escarpment
Plan. Such an amendment will be to effect the change from
Escarpment Rural Area to Mineral Resource Extraction Area. An
amendment to the Regional Policy Plan will also be required.
PART 2 Development Criteria
7.H.2.1
Introduction
The development criteria are to be applied to all development within the
Niagara Escarpment Plan area in conjunction with the other policies of
the Plan and the Regional Policy Plan. These criteria deal with
93
SECTION SEVEN
ENVIRONMENTAL
development in a variety of situations, and, therefore, all criteria will not
apply to every development.
Where the development permit system as established pursuant to The
Niagara Escarpment Planning and Development Act and its
regulations as amended is in effect, the development criteria shall be
used in the consideration of development permit applications.
The development criteria will also be used as a basis for bringing local
official plans and zoning by-laws into conformity with this Plan and in the
administration of site-plan control approvals.
7.H.2.2
General Development Criteria
The objective is to permit reasonable enjoyment by the owners of all
lots that can sustain development.
1.
Permitted uses may be allowed provided that:
(a) The long-term capacity of the site can support the use
without a substantial negative impact on Escarpment
environmental features such as water quality, natural
vegetation,
soil,
wildlife,
population
and
visual
attractiveness.
(b) The cumulative impact of development will not have serious
detrimental effects on the Escarpment environment (e.g.
water quality, vegetation, soil, wildlife, and landscape).
(c)
The site is not considered hazardous to life or property due
to unstable soil conditions or possible flooding.
(d) Development meets applicable federal, provincial and
municipal requirements including health and servicing
requirements.
(e) Development satisfies the requirements of the Foodland
Guidelines and the Mineral Aggregate Resource Planning
Policy.
(f)
Development satisfies all other requirements and policies of
the Regional Policy Plan.
2.
Where a lot is located in more than one designation, development
should be located on that portion of the lot located in the least
restrictive designation.
3.
Private sewage systems and water supplies associated with
permitted uses require, where specified by statute, the approval of
the Ministry of the Environment or its agent, the local Medical
Officer of Health, or the authority having jurisdiction in these
matters and must conform to the other policies in the Regional
Policy Plan.
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SECTION SEVEN
7.H.2.3
ENVIRONMENTAL
4.
Any development permitted should be designed and located in
such a manner as to preserve the natural and visual
characteristics of the area.
5.
Where development involves new roads, road improvements or
service corridors, their designation and alignment should be in
harmony with the Escarpment landscape.
6.
The design of subdivisions should be in harmony with and
maintain the existing character of the Escarpment landscape.
7.
Single family dwellings are limited to one per lot unless the
residential use is accessory to agriculture in which case the
criteria relating to agricultural uses may apply.
Existing Uses
The objective is generally not to disrupt existing uses.
7.H.2.4
1.
An existing use, building or structure may expand or change in
use, or be replaced when it is sufficiently demonstrated that the
objectives of the applicable designation of the Niagara
Escarpment Plan area are met.
2.
Where an existing use has a substantial ecological or visual
impact, the property owner shall be encouraged to bring the use
into closer conformity with the objectives of the applicable
designation of the Niagara Escarpment Plan area (e.g. erect a
fence around a wrecking yard or install manure facilities).
3.
A building or structure may be rebuilt in the same location, of the
same exterior size and use without a Niagara Escarpment Permit
provided municipal requirements and the provisions of Regulation
685 as amended, are met.
Lot Creation
The objective is to direct the formation of new lots to those locations
that are the least environmentally sensitive.
1.
Lot creation, including lots created within Urban Areas and minor
Urban Centres, shall be subject to the requirements of the
Regional Policy Plan and local official plans and bylaws and the
criteria set out below.
2.
New lots to meet residential needs should be created primarily in
designated Urban Areas and Minor Urban Centres.
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SECTION SEVEN
ENVIRONMENTAL
3.
New lots to provide recreational opportunities should be created
primarily in designated Escarpment Recreation Areas and in
some Minor Urban Centres.
4.
Ribbon or strip development should be prevented.
5.
The size and configuration of new lots shall be subject to the
requirements of local official plans and bylaws and the objectives
of the designation.
6.
In Escarpment Rural Areas, new lots created by low-density rural
plans of subdivision or condominium must satisfy the following
criteria:
(a) The location, design, size and density retain the open rural
landscape and protect natural features.
(b) The design is in harmony with the existing heritage features
and heritage areas of the Escarpment landscape.
7.
Prior to commenting upon a rural estate development, the
implementing authority shall consider:
(a) the number, distribution and density of vacant lots in the
area;
(b) the additional lots that may be created in conformity with the
Plan; and
(c)
7.H.2.5
the consequences of the development of the lots with regard
to the objectives of the designation.
8.
The creation of new lots should comply with the requirements of
the Foodland Guidelines.
9.
Where a lot is proposed in more than one designation, the
severance policy of the least restrictive Niagara Escarpment plan
designation shall apply. There should be sufficient area in the
least restrictive designation to accommodate the development.
10.
New lots created by consent shall front onto a public road which is
of a reasonable standard of construction and generally maintained
all year round.
11.
Public bodies and private persons are encouraged to consolidate
existing vacant lots to establish new lots of such a size as to
permit uses consistent with the objectives of the designation in
which they are located.
New Development Affecting Steep Slopes and Ravines
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SECTION SEVEN
ENVIRONMENTAL
The objective is to ensure that new development affecting steep slopes
(e.g. Escarpment slopes, rock faces, and talus slopes) and ravines
does not result in environmental damage or in unsafe conditions.
7.H.2.6
1.
The crest or brow and toe of the slope or ravine shall be
established by the means of a site inspection by the implementing
authority and these lines will be plotted on proposed development
plans.
2.
The implementing authority will establish a minimum development
setback from the brow or crest and toe of a slope or ravine and no
disturbance of grades or vegetation below the crest or brow or
above the toe shall occur.
3.
Where the setback cannot be achieved on an existing lot of record
on a steep slope, the setback may be varied or eliminated to the
satisfaction of the implementing authority.
4.
An engineering report shall be prepared by the applicant if the
existing or future stability of the slope or ravine is in question.
5.
The setback for all unstable slopes should be equal to a distance
of twice the vertical depth of the ravine plus six metres (20 feet),
measured from the toe of the slope, unless the application to build
is supported by a professional engineer's report in support of a
lesser distance.
6.
Structures of any kind unless permitted by the policies of this plan
should not be placed on slopes in excess of 25 per cent (1 in 4
slopes).
7.
During development, a screen of appropriate fencing material
(e.g. snow fencing should be established approximately three
metres (10 feet) from the crest of the slope in order to prevent any
dumping.
8.
Development (e.g. ski facilities) should be designed in such a way
as to minimize the disturbance and ensure the stability of
Escarpment and ravine slopes.
New Development Affecting Water Resources
The objective is to ensure that new development adjacent to streams,
lakes and wetlands will have a minimum adverse effect on water quality
and quantity.
Water Quality
97
SECTION SEVEN
1.
2.
ENVIRONMENTAL
Changes to the natural drainage should be avoided.
No sewage system should be allowed closer than 30 metres
(approximately 100 feet) from:
(a) the high water mark of any lake;
(b) the top of a stream bank or ravine; or
(c) the edge of any wetland.
Where this setback cannot be achieved on an existing lot of
record the distance may be varied to the satisfaction of the
Regional Municipality of Niagara.
3.
A setback for other development will be established from each
side of a stream, river bed, lakeshore or wetland necessary to
maintain existing water quality. The width of this buffer shall be
determined by the implementing authority in consultation with the
Ministry of the Environment, conservation authority and the
Ministry of Natural Resources, which shall consider:
(a)
(b)
(c)
(d)
soil type;
types and amounts of vegetation cover;
slope of the land;
fish and wildlife.
4.
No alteration of the natural grade or drainage shall occur within
the setback where, in the opinion of the implementing authority,
such action would adversely affect surface and/or ground water
resources.
5.
The cutting of trees within the setback is regulated by Part 2.8,
Development Criteria.
6.
Where in the opinion of the implementing authority a potential
ground or surface water pollution problem exists, the applicant
shall detail through appropriate studies, the detrimental effects
and how they will be minimized.
7.
During development, the following sediment and erosion control
practices should be carried out:
(a) Only the smallest practical area of land should be exposed
at any time during the development.
(b) When land is exposed during development the exposure
should be kept to the shortest practical period of time.
(c)
Natural features such as tree groves, grades and waterways
should be preserved.
(d) Temporary vegetation and/or mulching should be used to
protect critical areas exposed during development.
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SECTION SEVEN
ENVIRONMENTAL
(e) Final landscaping and vegetation should be installed as
soon as practical following completion of the development.
(f)
Topsoil should not be removed from the site, but rather,
should be stored and redistributed as a suitable base for
seeding and planting.
(g) Sediment control devices should be installed to remove
sediment from run-off due to changed soil surface conditions
during and after construction.
(h) Construction in or across a watercourse or wetland should be
appropriately timed to minimize impacts on fish and wildlife
habitat.
Flood Plains
8.
No building or structure shall be permitted in identified flood plains
except where the building or structure has been approved by the
municipal council, the conservation authority and/or the Ministry of
Natural Resources in accordance with established flood plain
management and development criteria.
9.
Watershed management and flood and erosion control projects
shall be carried out in accordance with the standards, policies or
guidelines of the Ministry of Natural Resources and/or
conservation authority.
10.
Where possible, such projects should be designed and located to
avoid or minimize the impact on wetlands, wildlife habitat, source
areas, streams, steep slopes and other areas of visual and
environmental significance.
11.
Where possible, ponds should be designed as offstream devices
with bottom draw-off control structures.
12.
Water management and flood and erosion control projects should
be designed so as not to adversely affect downstream water
quality, quantity and adjacent lands.
13.
When considering a new project the implementing authority shall
consider the number, distribution and location of these works
within the watershed in terms of their cumulative effect on the
objectives of the applicable designation and watershed
management policies/activities of the Ministry of the Environment
and Energy, Ministry of Natural Resources and the conservation
authority.
Private Ponds
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SECTION SEVEN
7.H.2.7
ENVIRONMENTAL
14.
Private ponds shall be constructed and maintained in accordance
with the requirements of the Ministry of the Environment and
Energy, Ministry of Natural Resources, conservation authority
and/or Ministry of Agriculture, Food and Rural Affairs. Permits
issued by the Ministry of Natural Resources pursuant to The
Lakes and Rivers Improvement Act are required for ponds in
association with watercourses.
15.
Private ponds should be designed and located to avoid or
minimize the impact on wetlands, fish and wildlife habitats, source
areas, steep Escarpment slopes and other areas of visual and
environmental significance.
16.
Private ponds should be designed, wherever it is deemed to be
necessary by the Ministry of the Environment, Ministry of Natural
Resources, conservation authority or the Ministry of Agriculture,
Food and Rural Affairs, as offstream devices with bottom
draw-down control structures.
17.
Ponds should be designed so as not to adversely affect
downstream water quality, quantity and adjacent lands.
18.
When considering an application for a new pond, the
implementing authority shall consider the number, distribution and
location of ponds within the watershed in terms of their cumulative
effect on the objectives of the applicable designation and
watershed management program of the Ministry of the
Environment and Energy, Ministry of Natural Resources and the
conservation authority.
New Development Within Wooded Areas
The objective is to ensure that new development should preserve as
much as possible of wooded areas.
7.H.2.8
1.
Disturbance of treed areas should be minimized, and proposed
developments in heavily treed areas shall have site plan
agreements containing specific management details regarding the
protection of existing trees.
2.
Trees to be retained should be protected by means of snow
fencing, wrapping, or other acceptable means during construction
(e.g. tree wells).
3.
Existing tree cover or other stabilizing vegetation will be
maintained on slopes in excess of 25 per cent (1 in 4 slope).
Forest Management
The objective is to maintain and enhance the forests and associated
animal and plant habitats.
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SECTION SEVEN
1.
ENVIRONMENTAL
All cutting of trees requires approval from the implementing
authority with the following exceptions:
(a)
The cutting or other destruction, removal or pruning of trees
carried out under The Crown Timber Act, The Forestry
Act, The Woodlands Act, The Municipal Act and The
Conservation Authorities Act, or in accordance with
programs recommended by forestry staff of the Ministry of
Natural Resources.
(b)
The cutting or other destruction, removal or pruning of trees
for domestic purposes.
(c)
Where there are specialized tree crops, such as Christmas
tree farms, nurseries, or orchards, where clear cutting or
removal and replanting is a normal part of the operation.
(d) Where trees create a hazard.
(e) To facilitate approved permitted uses.
2.
Approval to cut is conditional upon:
(a)
Using tree-cutting methods designed to minimize adverse
effects on the natural environment including surface
drainage and groundwater.
(b) Minimizing disruption of habitats for plant and animal
species occurring in the area.
(c)
Retaining the diversity of tree species.
(d)
Aiming over the long term to retain or enhance the quality,
appearance and productivity of the forest site.
(e) Minimum cutting within highly sensitive areas such as steep
slopes, unstable soils and stream valleys, and areas of high
ground water infiltration.
3.
Notwithstanding 1. above, all public bodies shall submit details of
tree-cutting plans to the Ministry of Natural Resources for
approval before entering into any agreement involving the cutting
of trees.
4.
Reforestation using native tree species shall be encouraged by
both provincial and municipal authorities, particularly in areas of
shallow and unstable soils, steep slopes, stream valleys,
headwaters and ground water infiltration areas critical to the
maintenance of the quality and quantity of natural streams and
water supplies; also, to restore open abandoned sub-marginal
agricultural land to productivity by growing a forest crop.
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SECTION SEVEN
7.H.2.9
ENVIRONMENTAL
5.
Any tree-cutting program should include natural regeneration or
rehabilitation through reforestation where necessary.
6.
Tree cutting in an Area of Natural Scientific Interest (Life Science)
which is in public ownership will be permitted where it is
necessary to maintain the values for which the area was acquired,
for emergency access, where existing agreements are in effect or
to implement uses permitted in approved Park Plans.
Agriculture
The objective is to protect lands with a high agricultural capability.
7.H.2.10
1.
Development and the creation of new lots, including provision for
a new lot for a retiring bona fide farmer, should comply with the
requirements of the Foodland Guidelines.
2.
Additional dwelling(s) (including a mobile home) accessory to a
farm operation, for a member of the farm family or for farm help
engaged full-time on the farm may be permitted in accordance
with the policies of the Regional Policy Plan. Such a dwelling
should be located within the farm cluster and a separate lot shall
not be created for it.
Mineral Resources
The objective is to minimize the impact of new mineral extraction
operations and accessory uses on the Escarpment environment.
1.
2.
Extractive operations including wayside pits and haul routes shall
not conflict with the following criteria:
(a)
The protection of sensitive ecological, geological, historic
and archaeological sites or areas.
(b)
The protection of surface and groundwater sources.
(c)
The maintenance of good agricultural land in accordance
with the Foodland Guidelines.
(d)
The minimization of the adverse impact of extractive and
accessory operations on existing and approved residential
development.
(e)
The preservation of the natural and cultural landscapes as
much as possible during extraction and after rehabilitation.
For quarries licensed prior to June 12, 1985, no extraction shall
take place at any point nearer the brow of the Escarpment than 90
metres (300 feet) measured horizontally.
For new quarry
operations, no extraction shall take place at any point nearer the
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SECTION SEVEN
ENVIRONMENTAL
brow of the Escarpment than 200 metres (600 feet) measured
horizontally or any greater setback required by the implementing
authority.
3.
As a condition of the license the extractive operation shall be
screened while it is in progress and, where possible, prior to
extraction in a manner compatible with the surrounding
environment.
4.
Screening shall incorporate the following:
(a)
Overburden material supplemented with native tree and
shrub plantings should be utilized for screening purposes.
(b)
Tree screen plantings are to be of compatible species and
sizes to permit only very limited visual contact from the
surrounding landscape.
(c)
All plantings should be properly maintained to ensure
continued survival and good growth rates.
5.
Wherever possible, rehabilitation shall be progressive as the
extraction proceeds. Where it is not practical to rehabilitate
immediately to the planned after use, interim rehabilitation shall
occur.
6.
Rehabilitation shall incorporate the following:
7.
(a)
Excess topsoil and overburden are to be retained and
stabilized for future rehabilitation.
(b)
All excavated pit walls are to be regraded to a slope of 3 to 1
or less except in regions where topsoil and fill materials are
scarce. In such areas finished slopes may be no steeper
than 2 to 1. Exposed sections of pit or quarry faces may be
left unrehabilitated for aesthetic or educational purposes as
incorporated into an approved after-use plan.
(c)
Vegetation, including seeding, crops or trees and shrubs,
shall be planted as soon as possible following finished
grading.
Proposed wayside pits and quarries shall also be subject to the
following:
(a)
An application for a wayside permit shall be accompanied by
a sketch map drawn to scale indicating property features,
present pit areas, excavation faces, areas to be excavated
and other areas to be used.
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SECTION SEVEN
7.H.2.11
ENVIRONMENTAL
(b)
An application for a wayside permit shall be accompanied by
a rehabilitation statement or plan compatible with the
proposed operation and land use in the area.
(c)
The comments of affected municipalities will be solicited on
applications for wayside permits for provincial road
construction purposes.
(d)
Wayside permits for municipal road construction purposes in
the Escarpment Protection Area will be restricted to sites
previously disturbed by extractive operations (e.g. previous
wayside pits or quarries, and abandoned pits and quarries).
(e)
The opportunity to use mineral aggregate resources which
would not be otherwise commercially developed, including
abandoned pits and quarries, shall be considered prior to
issuing a wayside permit.
(f)
A wayside permit expires on the completion of the project or
contract or one year after its issuance, whichever occurs
first. Application for renewal or a new permit for the
completion of the project or contract will be considered.
(g)
An estimated tonnage limit shall be determined based on
the requirements of the project or contract and will be placed
as a condition on the permit at the time of issuance.
(h)
Terms and conditions related to the method of operation and
rehabilitation shall also be placed on the permit at the time
of issuance.
Heritage
The objective is to maintain the heritage resources of the Niagara
Escarpment Plan Area.
1.
Care shall be taken to preserve known archaeological sites
(especially native burial sites) or areas where such sites might
reasonably be expected to exist.
2.
Existing heritage features, areas and properties should be
retained and reused. To determine whether such actions are
feasible, consideration shall be given to both economic and social
benefits and costs.
3.
New development including reconstruction and alterations should
be in harmony with the areas character and the existing heritage
features and building(s) in general mass, height and setback and
in the treatment of architectural details, especially on building
facades.
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SECTION SEVEN
4.
ENVIRONMENTAL
Where new development involves a heritage feature it should
express the feature in some way. This may include one or more
of the following:
(a) preservation and display of fragments of the former
buildings features and landscaping;
(b) marking the traces of former locations, shapes and
circulation lines;
(c) displaying graphic verbal descriptions of a former use;
(d) reflection of the former architecture and use in the new
development.
5.
7.H.2.12
Where development will destroy or significantly alter cultural
landscapes or heritage features, actions should be taken to
salvage information on the features being lost. Such actions
could include archaeological salvage excavation, and the
recording of buildings or structures through measured drawings or
photogrammetry.
Recreation
The objective is to minimize any adverse impact of recreational
activities on the Escarpment environment.
1.
All recreational activities should be designed and located so as
not to conflict with surrounding land uses (e.g. agriculture) and be
compatible with the natural and cultural character of the area.
2.
Intensive recreational activity is intended to occur primarily in the
designated Escarpment Recreation Areas and in the parks of the
Niagara Escarpment Parks System established for this purpose.
3.
Recreational uses should not exceed the carrying capacity of a
site or area.
4.
Trails will be located and designed so as not to adversely affect
adjoining private landowners.
5.
Motorized vehicle trails are encouraged to use abandoned pits or
quarries, abandoned railway lines or unused township roads
where disruption of the natural environment would be minimal.
6.
Trails will be located and designed to avoid wherever possible
steep slopes, wetlands, erosion prone soils, and ecologically
sensitive areas such as deer wintering yards and significant plant
and animal habitats and Areas of Natural and Scientific Interest.
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SECTION SEVEN
7.H.2.13
ENVIRONMENTAL
7.
Where existing trails are in locations that cause environmental
deterioration, relocations to a less critical location shall be
encouraged.
8.
Trail design, construction and management should ensure the
safety of trail users.
Areas of Natural and Scientific Interest
The objective is to maintain the scenic, scientific, educational and
interpretive values of the most significant Areas of Natural and Scientific
Interest.
7.H.2.14
1.
Any development within Areas of Natural and Scientific Interest,
as identified by the Ministry of Natural Resources, should be such
that the scenic, scientific, educational or interpretive value of such
areas is substantially maintained.
2.
A setback for development should be established for Areas of
Natural and Scientific Interest or features therein by the
implementing authority in consultation with the Ministry of Natural
Resources wherever it may be determined that such setback is
necessary to protect the scenic, scientific, educational or
interpretive value of such areas.
3.
New development within Areas of Natural and Scientific Interest
should be assessed in terms of its long-term impact on the site
and/or features, and permitted where the site can support the use
without substantial negative impacts on the scenic, scientific,
educational or interpretive value of such areas or features.
Transportation and Utilities
The objective is to design and locate new and expanded transportation
and utility facilities so the least possible change occurs in the
environment and the natural and cultural landscape.
1.
All new constructed transportation and utility facilities shall be
designed and located to minimize the impact on the Escarpment
environment and be consistent with the objectives of this Plan.
Examples of such site and design guidelines include the following:
(a)
Blasting, grading and tree removal should be minimized
where possible through realignment and utilization of
devices such as curbs and gutters, retaining walls and tree
wells.
(b)
Finished slopes should be graded to a 2 to 1 slope minimum
and planted; large cuts should be terraced to minimize
surface erosion and slope failure.
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SECTION SEVEN
2.
ENVIRONMENTAL
(c)
Site rehabilitation should use native species of vegetation
and blend into the surrounding landscape.
(d)
Vegetation screens should be used where feasible.
(e)
Transportation and utility structures should be sited and
designed to minimize visual impact.
(f)
A development setback from the Escarpment brow for utility
structures will be established by the implementing authority
to minimize visual impacts.
(g)
Transmission towers (e.g. microwave and television towers)
should be located in areas where similar facilities exist
provided the areas carrying capacity is not exceeded.
(h)
The visual impact of utility structures and service roads
should be minimized by siting, structural design, colouration
and landscape planting in order to minimize the impact on
the Escarpment environment.
New transportation and utility facilities should avoid Escarpment
Natural Areas.
Niagara Escarpment Plan Definitions
The following definitions have been compiled to assist the reader with
the interpretation of the Niagara Escarpment Plan.
Accessory Building or Structure:
a detached building or structure that is not used for human
habitation, the use of which is naturally and normally incidental to,
or exclusively devoted to a principal use or building and located on
the same lot.
Aggregate:
gravel, sand, clay, shale, stone, earth or other prescribed material
defined in the Pits and Quarries Control Act.
Agriculture Operation:
the carrying out of an agricultural use.
Agricultural Use:
the land, building or structure used for the purpose of animal
husbandry, horticulture, beekeeping, dairying, fallow, field crops,
fruit farming, fur farming, market gardening, pasturage, poultry
keeping, mushroom farming or any other farming use and may
include growing, raising, small scale packing and storing of produce
on the premises and other similar uses customarily carried out in
the field of general agriculture.
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SECTION SEVEN
ENVIRONMENTAL
Animal Kennel:
a building structure or premises used for the raising of dogs, cats or
other household pets.
Areas of Natural and Scientific Interest:
areas of land and water containing landscape features which have
been identified as having values related to protection, natural
heritage appreciation, scientific study or education. The most
significant of such areas along the Niagara Escarpment are
identified in District Guidelines published in 1983 by the Ministry of
Natural Resources and were previously identified as candidate
nature reserves in two reports prepared by the Ministry of Natural
Resources in 1976, "Significant Natural Areas Along the Niagara
Escarpment" and "Earth Science Candidate Nature Reserves on
the Niagara Escarpment".
Campground:
an area used for a range of overnight camping experiences, from
tenting to serviced trailer sites, including accessory facilities which
support the use, such as administration offices, laundry facilities,
washrooms, support recreational facilities, but not including the use
of mobile homes or trailers on a permanent year round basis.
Carrying Capacity:
capacity of a site to support use without substantial negative impact
on environmental features such as water quality, natural vegetation,
soil, wildlife population and visual attractiveness.
Compatible:
where the building structure, activity or use blends, conforms or is
harmonious with the Escarpment's ecological, physical, visual or
cultural environment.
Conservation:
the wise management of the environment in a way which will
maintain, restore, enhance and protect its quality and quantity for
sustained benefit to man and the environment.
Cottage Industry:
an occupation conducted as an accessory use within a single family
dwelling by one or more of its residents. A cottage industry may
include occupations such as dressmaking, upholstering, weaving,
baking, ceramic making, painting, sculpting and the repair of
personal effects.
Cultural Landscape:
a cultural landscape is the product of man's activities over time in
modifying the landscape for his own purpose, and is an aggregation
of man made features such as village, farmland, waterways,
transportation corridors, and other artifacts.
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SECTION SEVEN
Deeryards:
ENVIRONMENTAL
an area where deer concentrate during the winter months.
Domestic Purposes:
those purposes for the property owner's use and not for the sale to
the public.
Dwelling Unit:
one or more habitable rooms for the use of one family in which
sanitary and kitchen facilities are provided for the exclusive use of
such family, and having a private entrance.
Easement:
a negotiated interest in the land of another which allows the
easement holder specified uses or rights without actual ownership
of the land.
Ecologically:
the sum total of all the natural and cultural conditions which
influence and act upon all life forms including man.
Escarpment:
see the preamble of the Niagara Escarpment Plan for a description
of the Niagara Escarpment. The single word "Escarpment" used in
this document means the Niagara Escarpment.
Escarpment Brow (Edge):
the upper most point of the Escarpment slope or face. It may be the
top of a rock cliff, or where the bedrock is buried, the most obvious
break in slope associated with the underlying bedrock.
Escarpment Related Landforms:
the physical features of the land associated with the Escarpment
and created by erosion, sedimentation and glaciation, often
including such features as moraines, lakes, river valleys, beach
ridges, drumlins and kames.
Escarpment Slope (Face):
the area between the brow and toe of the Escarpment and usually
characterized by a steep gradient. Where the rise occurs in the
form of a series of steps, the slope also includes the terraces
between the steps.
Escarpment Toe (Base):
the lowest point on the Escarpment slope or face determined by the
most obvious break in slope associated with the bedrock or
landforms overlying the bedrock.
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SECTION SEVEN
ENVIRONMENTAL
Essential:
that which is deemed to be in the public interest after all alternatives
have been considered.
Existing Uses:
the use of any land building or structure legally existing on the day
of approval of the Niagara Escarpment Plan.
Existing Lot of Record:
a lot held under distinct ownership and separate ownership from all
abutting lots as shown on a registered conveyance in the records of
the Land Registry Office at the time of the approval of the Niagara
Escarpment Plan by the Government of Ontario.
Farm Cluster:
a group of farm buildings, which includes the farm dwelling, on a
property actively involved in agricultural use.
Fisheries Management:
the management of fish habitat and fish population for the purpose
of sustaining and improving the quality and quantity of fish.
Flood Plain:
the area, usually lowlands, adjoining the channel of a river, stream
or watercourse which has been or may be covered by flood water
during a regional flood or a one in one hundred year flood.
Forest Management:
the management of forests for the production of wood and wood
products and to provide outdoor recreation, to maintain, restore or
enhance environmental conditions for wildlife, and for the protection
and production of water supplies.
Groundwater Infiltration Area:
an area where the porous nature of the surficial materials allows
significant percolation of water into the ground water system.
Headwaters:
the source area of a stream.
Heritage Property:
features in or on land or underwater and considered to be a
consultable record of past human activities, endeavors or events
(e.g. buildings, street furniture, engineering works, planting and
archaeological sites).
High Water Mark:
the mark made by the action of water under natural conditions on
the shore of the bank of a body of water which action has been so
common and usual that it has created a difference between the
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SECTION SEVEN
ENVIRONMENTAL
character of the vegetation or soil on one side of the mark and the
character of the vegetation and soil on the other side of the mark.
Home Industry:
a small scale use providing a service primarily to the rural farming
community and which is accessory to a single-family dwelling or
agricultural operation. A home industry may be conducted in whole
or in part in an accessory building and may include a carpentry
shop, a metal working shop, a welding shop, an electrical shop,
etc., but does not include an auto repair shop or paint shop, or
furniture stripping.
Home Occupation:
an occupation which provides a service as an accessory use within
a single-family dwelling performed by one or more of its residents.
Such occupations may include services performed by an
accountant, architect, auditor, dentist, medical practitioner,
engineer, insurance agent, land surveyor, lawyer, realtor, planner or
hairdresser.
Implementing Authority:
the body/bodies responsible for the administration of the Niagara
Escarpment Plan.
Incidental Use:
a use (e.g. swimming pool) normally accessory to but not an
essential part of an existing use.
Institutional Use:
use of land, building or structure for some public or social purpose,
but not for commercial purposes, and may include governmental,
religious, educational, charitable, philanthropic, hospital or other
similar or non-commercial use to serve the immediate community.
Lot:
a parcel or tract of land which is recognized as a separate parcel of
land under the provisions of the Planning Act, and includes a lot
created by consent for mortgage purposes where the mortgage has
not been discharged.
Mineral Resources:
aggregate and other structural materials, industrial and metallic
minerals, and petroleum resources.
Natural Environment:
the air, land and water or any combination or part thereof, of the
Province of Ontario.
New Lots:
lots registered in the Land Registry Office after the approval of the
Niagara Escarpment Plan.
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SECTION SEVEN
ENVIRONMENTAL
Official Plan (Policy Plan):
a document approved by the Minister of Municipal Affairs,
containing the objectives and policies established primarily to
provide guidance for the physical development of a municipality or
part thereof, while having regard to relevant social, economic and
environmental matters.
Open Landscape Character:
the system of rural features, both natural and man-made which
make up the rural environment, including forests, slopes, streams
and stream valleys, hedgerows, agricultural fields, etc.
Original Township Half Lot:
half of an original lot where the township was originally surveyed
into 80 hectare (200 acre) lots.
Original Township Lot:
the township lot as shown on an original plan where an original plan
is a plan certified by the Surveyor General as being the original plan
of an original survey. Generally, in Ontario original township lots are
40 hectares (100 acres). However, larger and smaller original
township lots exist.
Park Plans:
Master or Management plans for parks prepared by the agencies
listed in Part 3 of the Niagara Escarpment Plan.
Pit:
land from which unconsolidated aggregate has been, is being or
may be excavated as defined in the Pits and Quarries Control Act
or successor thereto, but does not include a wayside pit.
Preservation:
the maintenance of natural or cultural heritage features in their
current or original form, and the maintenance of the natural
environment to allow natural processes to continue undisturbed by
human intervention.
Protection:
ensuring that human activities are not allowed to occur which will
result in the unacceptable degradation of the quality of an
environment.
Public Agency:
any Federal, Provincial, County or Municipal agency and includes
any commission, board, authority or department, including Ontario
Hydro, established by such agency exercising any power or
authority under a Statute of Canada or Ontario.
Quarry:
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SECTION SEVEN
ENVIRONMENTAL
land from which consolidated aggregate has been, is being or may
be excavated as defined in the Pits and Quarries Control Act, but
does not include a wayside quarry
Recreational Development:
those activities and associated tourism facilities designed to provide
recreational and tourism opportunities for the use of local residents
and the travelling public.
Regionally Significant Areas of Natural and Scientific Interest:
areas identified by the Ministry of Natural Resources, Conservation
Authorities, municipalities and other agencies as having ecological
or geological/geomorphological value at the regional level.
Rehabilitation:
the restoration of land from which aggregate has been excavated to
its former use or condition which is or will be compatible with
adjacent uses.
Secondary Plan:
a plan for a specific geographic area of a municipality which has
been approved as an amendment to an official plan by the Minister
of Municipal Affairs. Such a plan is prepared when there is a need
for more specific policies to guide future development approved in
an official plan under the Planning Act.
Sediment Control Device:
a structure which traps and filters sediments.
Single-Family Dwelling:
a separate building containing not more than one dwelling unit and
may include a chalet, cottage or mobile home.
Source Area:
areas of obvious groundwater discharge (e.g. springs, and
prominent seeps).
Talus Slope:
the slope created by the mass of broken rock which accumulates at
the base of the cliff face along the Escarpment.
Tonne:
a metric measurement, 1,000 kilograms or 2,205 pounds.
Top of Streambank:
the upper edge of the slope of the stream valley where the land
levels off; or where there is a flood plain, to the top of slope above
the flood plain.
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ENVIRONMENTAL
Trail Activities:
recreation oriented to trails, (e.g. horseback riding, cross-country
skiing, hiking and snowmobiling).
Unserviced Campsites:
campsites which are not individually provided with water, sewer or
electrical services.
Unstable Slopes:
slopes which are or may be subject to erosion such as mass
movement, slumping, landslides, mudflows or rock falls.
Utility:
a water supply, storm or sanitary sewer, gas or oil pipeline, the
generation, transmission and distribution of electric power, steam or
hot water, towers, telegraph and telephone lines and other cabled
services, waste collection or disposal management, a public
transportation system, licensed broadcasting receiving and
transmitting facilities, or any other similar works or systems
necessary to the public interest.
Veterinary Clinic:
the office of a veterinary surgeon and premises for the treatment of
animals.
Watershed Management:
the analysis, protection, development, operation and maintenance
of the land, vegetation and water resources of a drainage basin.
Wayside Pit or Quarry:
lands from which consolidated or unconsolidated aggregate is
excavated for use in a project of a public authority and that is
worked outside the limits of the right-of-way of a highway, but does
not include a licensed pit or quarry.
Wetlands:
areas with shallow standing water (less than 2 meters deep) until
about July 1, in most years. Wetlands are divided into four major
categories: swamps, marshes, bogs and fens.
Wildlife Management:
the management of wildlife habitats for the purposes of sustaining
the quantity and quality of wildlife for the benefit of people.
114
SECTION 8
SECTION 8
Public Utilities
SECTION EIGHT
PUBLIC UTILITIES
8. Public Utilities
This Public Utilities Section is concerned mainly with water supply and sewage disposal,
but also with land drainage, solid waste disposal, hydroelectric lines and pipelines.
Objectives for Public Utilities
Objective 8.1
To provide necessary public utilities in accordance with the servicing
needs of existing and future development conforming to stated priorities
and with economic, safety and environmental considerations.
Objective 8.2
To provide the necessary public utilities in a manner consistent with the
other objectives and policies of this Plan and, within those constraints,
at the lowest practicable cost.
Objective 8.3
To establish priorities for the staging of works, particularly with regard to
water supply and sewage disposal systems, necessary for the current
and future servicing requirements of the Region. The following priorities
shall be applicable, but are not intended to be absolute due to other
objectives and servicing needs.
Objective 8.4
(a)
To meet minimum water quality objectives and minimum pollution
abatement objectives, as established by the Region in
consultation with appropriate Provincial and Federal Ministries, for
the provision of services to existing municipal development having
deficiencies in their existing municipal systems.
(b)
To meet the needs of existing development in terms of capacity
for both water supply and sewage disposal.
(c)
To meet the needs for new development in an orderly and
efficient manner.
Industrial development which creates
employment opportunities shall be assigned a higher priority than
residential development. Priority for new development must also
be co-ordinated with the availability of all other major services.
(d)
To recognize other objectives and policies of this Plan.
(e)
To recognize financial considerations.
To provide for the disposal and treatment of solid wastes in a manner
which is economically, ecologically, and aesthetically acceptable.
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SECTION EIGHT
PUBLIC UTILITIES
Policies for Public Utilities
8.A
Water and Sewage Works
Policy 8.A.1
The Region will provide, insofar as possible, adequate water supply,
sewage collection and disposal and, in co-operation with the local
municipalities, will provide storm drainage facilities to meet the existing
and future development needs within the approved urban areas of the
Region.
Policy 8.A.2
The Region, in consultation with local municipalities, will prepare design
criteria for water and sewer works to be used in the design and
approval of such facilities.
Policy 8.A.3
The Region will prepare by-laws to regulate the use of its water supply
and sewage treatment facilities.
Policy 8.A.4
The Region will undertake jointly with local municipalities, the
determination of development densities (through zoning by-laws or
other means) in accordance with present and proposed water and
sewer works capacities. This will ensure that servicing is co-ordinated
with local zoning by-laws and staging of development.
Policy 8.A.5
The Region will review its servicing policies from time to time in the light
of both changing conditions of supply and demand for services and
significant changes in economics and technology.
Policy 8.A.6
The Region may introduce levies and shall establish rates for Regional
water and sewage capital and operating costs to permit orderly
expansion of such facilities.
Policy 8.A.7
Lands abutting existing and proposed sewage treatment facilities shall
be zoned to permit only such compatible land uses as industrial or open
space. Where such zoning cannot be developed, then suitable
separation areas must be incorporated between the treatment facilities
and the proposed development to minimize the impact of odour
problems that may be generated at such facilities. The separation
distance will be dependent on the nature of the development, the
treatment facility and other physically-related factors.
Policy 8.A.8
All new development which is proposed to be connected to existing
combined sewer facilities shall be served with separated systems within
the property limits of the development. The continued separation of
storm and sanitary flows beyond the boundaries of the development will
be dependent upon the available capacity within the existing sewer
system, the treatment plant and the proximity of suitable storm outlets
to the development.
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SECTION EIGHT
8.B
PUBLIC UTILITIES
Staging and Location of Services
Policy 8.B.1
The Region requires that each municipality include in its official plan
priority and staging policies for both water supply and sewage disposal
systems which recognizes the locations and amounts of land needed
for future urban development and which is co-ordinated with Regional
priorities and requirements.
Policy 8.B.2
The Region requires that each local municipality's staging policies
conform with the approved urban development areas as designated in
this Plan.
Variations with respect to priority and staging policies will only be
permitted where:
(a)
full support and documentation for the variation is provided with a
proposed local official plan amendment prepared by the area
municipality;
(b)
the proposed development can be provided with water and sewer
services in accordance with the Region's priorities and at
reasonable cost;
(c)
the additional development is necessary and desirable in the
municipality;
(d)
the proposal complies with all the other objectives and policies of
this Plan; and
(e)
the proposed development is adequately served or can be
adequately served by other facilities such as roads.
Policy 8.B.3
In recognition of the investment in existing trunk facilities, both sewer
and water, each local municipality shall encourage a reasonable rate of
"infilling". Each local municipality shall also be responsible to regulate
(if desirable) the rate and amount of development to avoid early "filling
up" of limited land resources. The means to be used could include
increased densities, alternate location, encouragement of "infilling" or
redevelopment and other means of restraining development seeking to
locate beyond the urban service boundaries.
Policy 8.B.4
The boundaries of urban service areas, sewer areas, water areas (if
any) or any other special areas which involve a tax charge on residents
within that area and are intended to cover the cost of existing or
proposed sewer or water works must comply with current Regional and
local Plans.
Policy 8.B.5
On the basis of current technology in both water and sewage facilities,
specific benefits accrue, from a capital cost and operating cost point of
view, in the reduction in the number of plants that must be built or
maintained. The Region will, therefore, continue its program to limit the
number of such installations, consistent with the quality of services
117
SECTION EIGHT
PUBLIC UTILITIES
already provided, and this shall not be deemed to be in conflict with
policy statements which recognize the continuation of separated urban
centres.
Policy 8.B.6
Any extensions of the existing water supply or sewage disposal
systems of the local municipalities must have the prior approval of the
Region, and within the area of the Niagara Escarpment Plan, must
conform with the Niagara Escarpment Plan Policies.
Policy 8.B.7
The Region will consult and co-operate with other authorities having
jurisdiction for the issuance of permits for private water supply and
sewage disposal systems to ensure a common objective. The following
guidelines are proposed:
Policy 8.B.8
(a)
Existing soils and drainage facilities should be compatible to
permit such private installations.
(b)
Proper consideration shall be given to abutting existing
development to ensure that problems will not be created for the
existing or proposed development.
(c)
The operation of septic tank installations must not result in the
pollution of watercourses.
(d)
Within the Niagara Escarpment Plan area, private water supply
and sewage disposal systems are subject to the requirements of
the Niagara Escarpment Plan policies.
The Region requires that each application by a local municipality for a
municipal water main extension or extensions or for municipal
connections to existing Regional water mains outside the urban areas
boundaries shall be supported by detailed information illustrating its
compliance with the following criteria:
(a)
It has the support of the local Council.
(b)
It is for legally existing or proposed agricultural and agriculturally
related uses or for other legal permitted uses.
(c)
It will not jeopardize the ability of the Region to provide adequate
water supply for existing urban development, for potential urban
development within the urban areas boundaries, and for the
development served by this or previous extensions outside the
urban areas boundaries. The determination of the compliance
with this criterion can only occur after due consideration of the
size of the permanent connections to be made thereto.
(d)
It will not jeopardize the ability of the local municipality to provide
an adequate water distribution system for existing urban
development, for potential urban development within the urban
areas boundaries, and for the development served by this and
previous extensions outside the urban areas boundaries.
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SECTION EIGHT
PUBLIC UTILITIES
(e)
It will not contribute to or stimulate non-agricultural development
other than in approved hamlets. Extensions to hamlets will be
considered only if it can be adequately demonstrated that the
cumulative effect of the extension to existing development and to
any future development within the hamlet poses no potential
health problems and that the other criteria set out in this policy
including, in particular, the long term operation of existing private
sewage systems and adequate lot sizes, can be met.
(f)
There are adequate local controls to regulate the use of water for
irrigation or other uses which could place unreasonable demands
on the water supply system.
(g) There is confirmation from Regional Health Services that the
existing waste disposal systems are satisfactory or will be
upgraded to accommodate the increased loads which may result
from a municipal water supply extension beyond the urban
boundary and will not adversely affect any adjoining agricultural
uses and all sewage disposal systems are in compliance with the
requirements of Ontario Regulations 374/81 under The
Environmental Protection Act or subsequent amendments
thereto.
(h)
The financing system is satisfactory to the local municipality, is
entirely locally or self financed, is not based on expectations of
additional development, and does not place an undue cost on
properties with large frontages.
(i)
An inventory of existing vacant lots of record that may become
serviced by the proposed extension is shown.
(j)
That any municipal connection outside the urban areas
boundaries to an existing Regional water main which is a local
service connection from the Regional water main to the abutting
lands of the consumer must be:
(i)
(ii)
(iii)
(k)
Policy 8.B.9
to a maximum of 2 centimetres (3/4 inch) in diameter,
only for the benefit of a use immediately abutting the
Regional water main, and
the only municipal local service connection servicing the
lands in question.
That any municipal connection to the existing Fourth Avenue
Regional water main outside the urban areas boundaries which is
a municipal water main extension or extensions shall be
constructed in a closed loop.
The following waterlines have been reviewed in accordance with
Policies 6.B.5 and 8.B.8 and are deemed to comply with these policies:
119
SECTION EIGHT
PUBLIC UTILITIES
(a)
A 150 millimetre (6 inch) waterline extending 225 metres (740
feet) north along Lookout Street from Highway 20 in the Town of
Pelham.
(b)
A waterline extension extending from the Niagara Parkway along
Thompson Road in the Town of Fort Erie to service an estate
residential use referred to as the McKenzie Crossing subdivision.
(c)
A waterline extension approximately 200 feet south along Station
Street from Second Avenue in the Town of Lincoln to service one
single detached dwelling on a 2.8 acre property.
(d)
A waterline to provide services to the Ridge View Estates
Subdivision located in the community of Ridgeway in the Town of
Fort Erie.
(e)
A waterline extending from the Vineland Reservoir to service the
Vineland Quarries and Crushed Stone Limited quarry located on
Regional Road 24 at Fly Road in the Town of Lincoln.
(f)
A 2" waterline extending from Fox Trail Drive along Rykert Street
approximately 1250 feet to serve only the Hy-Grade Precast
Concrete property located at 2411 First Street Louth in the City of
St. Catharines.
(g)
A 200 millimetre (8 inch) waterline extending 3.7 kilometres from
Highway 140 easterly along Second Concession Road to a point
east of Miller Road to serve Port Colborne Poultry in the City of
Port Colborne.
(h)
A 150 millimetre (6 inch) waterline extending 1.3 kilometres along
Regional Road 20 westerly from Lookout Street to the eastern
boundary of the property occupied by the E.L. Crossley
Secondary School in the Town of Pelham.
(i)
A 150 millimetre (6 inch) waterline extension of about 100 metres
(300 feet) along Stonemill Road from the existing municipal
waterline on MacDonald Drive to the Windmill Point Park and
Campground in the Town of Fort Erie.
(j)
A waterline extension of approximately 1280 metres (4200 feet) to
a local watermain outside the Urban Area boundary of the Town
of Fort Erie.
(k)
Up to a 6 inch waterline extension of about 69 metres (225 feet)
long extending north along Sodom Road in the Town of Fort Erie
to serve the existing St. John’s Stevensville United Church.
(l)
Two centimeter (3/4 inch) lateral connections to a local municipal
waterline for land uses along the east side of Rice Rd. in the
Town of Pelham, between Hurricane Rd. and the Welland
municipal boundary.
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SECTION EIGHT
8.C
PUBLIC UTILITIES
Land Drainage
Policy 8.C.1
Maintenance and alterations to major watercourses which have been,
or may be, assumed by the Region shall only be carried out with the
prior approval of the Region, and within the area of the Niagara
Escarpment Plan, must conform with Niagara Escarpment Plan
Policies.
Policy 8.C.2
All new urban development areas must be provided with separate storm
drainage systems. All new private development must also be provided
with separate storm drainage connections. Where feasible and
economical, existing municipal combined sewage and storm drainage
systems shall be separated.
8.D
Solid Waste Disposal
Policy 8.D.1
The Region will assist the local municipalities in providing for the
disposal and treatment of solid wastes.
Policy 8.D.2
The selection of all solid waste disposal sites will involve consideration
of:
Policy 8.D.3
(a)
the compatibility of the methods of operation with adjacent land
uses,
(b)
the nature of bedrock and soil conditions in order to reduce the
likelihood of groundwater contamination, and
(c)
operational economics - transportation costs, maintenance, land
prices, opportunity for future expansion, etc.
(d)
within the Niagara Escarpment Plan area, solid waste disposal
sites are subject to the requirements of the Niagara Escarpment
Plan Policies.
Site and rehabilitation plans will be developed prior to the use of a
particular site for solid waste disposal. These plans should make
provision for:
(a)
the control of odour, vermin and other nuisances,
(b)
the phasing of the site expansion,
(c)
the ultimate use of the site,
(d)
landscaping and berms,
(e)
access, and
(f)
a uniformly high standard of operation.
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SECTION EIGHT
PUBLIC UTILITIES
The Region, in consultation with local municipalities, will investigate the application of new
salvage and disposal techniques.
8.E
Other Utilities
Policy 8.E.1
The Region will co-ordinate its plans with those of the Federal and
Provincial Governments and their agencies in the provision of servicing
systems, pollution control systems, waste disposal systems, power
supply systems and communications systems. In so doing, the Region
will have regard to the policies of the Regional Plan and the local official
plans. The Region will encourage the joint use of rights-of-way and
corridors wherever feasible for various facilities in order:
(a)
to lessen the impact on the environment of uncoordinated
alignments of various single purpose authorities, and
(b)
to avoid land use and development problems associated with
such rights-of-way and alignments.
122
SECTION 9
SECTION 9
Transportation
SECTION NINE
TRANSPORTATION
9. Transportation
At the time of preparation of this document, a large scale comprehensive transportation
study embracing all of the Regions of Niagara, Hamilton-Wentworth and HaldimandNorfolk is being carried out by the Provincial Ministry of Transportation and
Communications. The primary purpose of this study is to establish needs and priorities for
the Provincial highway system in the study area, and it includes an examination of goods
movements and public transit. Although several local municipalities have conducted
individual transportation studies, the Provincial study will be the first in-depth examination
of the Region as a whole. The information derived from this study could be used as the
basis for further, more refined studies of the Regional and local road systems on either a
local or overall basis.
Also pending are decisions on such major facilities as the northerly and southerly
extensions of Highway 406 and the proposed Niagara Freeway. Major proposals arising
out of the Provincial study, policy decisions affecting freeway construction or increasing
emphasis on alternative modes of transportation would significantly affect the Region's
transportation plans. It should therefore be recognized that the Plan must necessarily be
flexible and subject to revision to meet changing conditions. There is also no question
that, particularly in the urban areas, further traffic studies will be required in order to
develop and refine traffic improvement programs.
Objectives for Transportation
Objective 9.1
To promote and support safe, convenient, efficient, aesthetic and
economical transportation systems for all modes of transport for the
movement of people and goods.
Objective 9.2
To provide an arterial road system which, in conjunction with the
Provincial and local road systems, will give convenient access
throughout all parts of the Region and to adjacent areas.
Objective 9.3
To encourage the development of convenient and efficient public transit
services throughout the Region.
Objective 9.4
To actively support the continuation and improvement of the railway
system for the movement of both passengers and goods.
Objective 9.5
To actively support the provision of air services for both passengers
and goods while minimizing the conflicts between airport and adjacent
activities and land uses.
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SECTION NINE
TRANSPORTATION
Policies for Transportation
Policy 9.1
The Region shall continue to study and assess its transportation needs
and shall revise or expand this Plan as necessary.
Policy 9.2
The Region will support the provision of improved transportation
facilities south of the Niagara Escarpment, including an investigation of
the need, alignment and timing for a mid-peninsula transportation
corridor as a means to preserve unique agricultural lands and to
encourage development south of the Escarpment.
Policy 9.3
The distribution of land uses, particularly the location of future large
industrial and commercial areas, must take into account the availability
of suitable transportation facilities.
Policy 9.4
The roads and other transportation components of local official plans
shall conform to the Regional Plan and shall indicate which roads and
other transportation facilities are a Regional responsibility.
Policy 9.5
The Region will seek the necessary legislative changes to permit the
Region to issue licenses for public transit and trucking operations within
Regional Niagara.
9.A
The Regional Road System
The Regional Road System is a network of arterial roads providing access to and from
all parts of the Region. It was initially composed of the road systems of the former
counties of Lincoln and Welland, the urban arterial street networks and certain
Provincial highways which were turned over to the Region. The roads that make up this
system are the results of further changes in jurisdictions which may occur depending
upon volume of traffic and road function.
Roads have three impacts: the movement of goods and people – traffic, the effect on
the character of the area it traverses, and the influence it has on future development.
Thus planning for roads involves a balance of these concerns which is reflected in the
policies of this Section.
To maintain an appropriate standard of service, the Regional Road allowances must be
of sufficient width for the lanes of traffic, bicycle and transit facilities, utilities, snow
storage, drainage, sidewalks, and landscaping. Road allowance policies will establish
clear and consistent requirements to protect and acquire needed road allowances, so
that new development does not limit the Municipality’s ability to provide future services
and utilities within these road allowances. Therefore to enable Regional Niagara to
protect and acquire land for Regional Road allowances and to enhance the areas they
traverse, this Section identifies the Regional Road allowance widths required, policies for
acquiring land for road allowances by dedications and purchase, guidelines for road
allowance improvements, and the identification of roadways with attributes to be
protected and enhanced.
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SECTION NINE
TRANSPORTATION
Policy 9.A.1
The Regional Road system shall be a network of arterial roads
providing access to and from various parts of the Region. This road
network and allowance widths shall be determined based on the
volume of traffic, road function, system continuity, existing land use,
future development patterns, scenic and natural amenities, and
respect for existing communities.
Policy 9.A.2
The Region will review its Road Network from time-to-time and will
make such additions or deletions to the Network where warranted.
Policy 9.A.3
Where it is anticipated that a local street will ultimately be assumed as
a Regional Road or where it is planned to extend Regional Roads, the
rights-of-way shall be protected from development. In cases where
such rights-of-way are required in growth areas, the development or
subdivision plans shall make provision for these future roadways and all
Regional requirements shall be adhered to. Where proposals are not
finalized or alternatives are still under study, the protection must be
maintained at least in and near urban areas until definite decisions are
made. Road reserves identifiable at this time are shown on the
accompanying map, "Interim Road Proposals". Provision shall also be
made in local official plans to illustrate the location of these rights-ofway reserves and to protect them from any additional development. In
addition, within the Niagara Escarpment Plan area, the policies of the
Niagara Escarpment Plan shall be adhered to in considering right-ofway reserves.
Policy 9.A.4
The Region shall obtain lands to create or widen Regional Road
allowances, hereafter called widenings, to provide a safe and efficient
road system for people and vehicles and to accommodate vehicular
traffic including bicycles, pedestrian movement, transit facilities, curbs,
gutters, utilities, noise control measures, snow storage, drainage
measures, fencing, landscaping and other matters deemed
compatible with the road system.
Policy 9.A.5
The Region recognizes the importance of roads and their widenings
for transportation, utilities, land service, and the character and quality
of the urban and rural landscapes. The Region shall endeavour to
make full use of all existing roadways and to minimize construction
and right-of-way costs, property damage and undesirable community
effects, and the impact of road improvements and reconstruction on
the existing landscape brought about by road widenings.
Policy 9.A.6
The Region encourages and promotes the provision of adequate
pedestrian and bicycling facilities in order to promote pedestrian
safety, reduce pedestrian vehicle conflicts, and encourage bicycling.
In undertaking road improvements, consideration shall be given to:
x
x
accommodating safe pedestrian movement, and
bicycling facilities as provided in Section 9.F.
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SECTION NINE
TRANSPORTATION
The provision of sidewalks along Regional Roads is the responsibility
of the local municipalities, although location and design requires
Regional approval.
Policy 9.A.7
The widths for Regional Road allowances are designated in the Table
titled “Road Allowance Widths”. Each Regional Road allowance
which is not presently at its designated width is a highway to be
widened.
Policy 9.A.8
The Regional Road allowances identified in this Plan shall be
protected from encroachment by acquiring the lands if possible prior
to or at the time of development or redevelopment of the adjacent
lands and by ensuring that building setbacks abutting Regional Roads
are adequate.
Policy 9.A.9
The Region shall minimize public expenditures by acquiring road
allowance widenings as a condition of planning approval of
development applications. The Region recognizes the direct benefits
of road widenings to property that is developed.
Policy 9.A.10
Notwithstanding Policy 9.A.9, no land dedications will be requested
where an application is in Agricultural Areas or for condominium
approval that involves a transfer of tenure status from rental to
ownership and if no new units, or increase in density, are involved.
Policy 9.A.11
Land to be dedicated for widenings pursuant to Policy 9.A.9 shall be
conveyed at no cost to the Region, free of all encumbrances,
encroachments and improvements unless otherwise agreed to by the
Region.
Policy 9.A.12
Land for Regional Road widening normally will be required equally
from both sides of the centreline of the designated Regional Road
unless existing land uses, topographic features or other physical or
environmental constraints necessitate taking greater widening on one
side than the other.
Policy 9.A.13
The Region may require road widening dedications in addition to the
designated road allowances indicated in the Table titled “Road
Allowance Widths” without the need for amendments to this Plan for
purposes such as the following:
(a)
(b)
(c)
(d)
(e)
(f)
Additional site triangles at intersections and entranceways
necessary for traffic operational design purposes;
Turning lanes at intersections or to provide suitable access to
major traffic generator developments;
Future grade separations of Regional Roads with other roads
or railway lines;
Sites for traffic control devices and transit facilities (e.g. bus
lay-bys);
Cut and fill requirements for road construction; and
Storm drainage requirements, including ditches, catch basins,
culverts and headwalls.
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SECTION NINE
Policy 9.A.14
TRANSPORTATION
Road widening requirements for site triangles and turning lanes are as
follows:
(a)
(b)
(c)
The maximum length of the side of an additional triangle at an
intersection or entranceway shall be 15 metres in an
Agricultural or Rural Area and 4.5 metres along a road in an
Urban Area. Some variations may occur in unusual
circumstances;
To meet safety and design standards, additional land may be
required for auxiliary turning lanes in front of major traffic
generators. In most circumstances the additional land shall not
exceed 4 metres in width; and
At each corner of a crossing of a Regional Road and a railway
line the maximum length of the site triangle along the Regional
Road shall be 17 metres and the maximum width of the site
triangle measured from the Regional Road shall be 15 metres.
Policy 9.A.15
The Region may acquire at its own expense road allowance
widenings where such widenings exceed those specified in the Table
titled “Regional Allowance Widths” without an amendment to this Plan.
Policy 9.A.16
An amendment to the Regional Policy Plan shall be required for road
widening requirements that are greater than indicated in this Plan and
which are to be obtained as a dedication through the planning
approval process for development. Criteria that shall be considered in
the review of any amendment application include:
(a)
(b)
(c)
(d)
(e)
(f)
need in terms of both the existing and forecast traffic patterns
and volumes;
required road design including safety, operational, and related
requirements and utility standards;
limitations posed by existing land uses and natural features;
applicable federal and provincial acts and regulations;
cost of obtaining widenings; and
future growth areas.
Policy 9.A.17
The Region in conjunction with the local municipalities shall establish
and require compliance to minimum setbacks, loading and parking
facilities, access control, and design requirements and policies
consistent with the function of Regional Roads.
Policy 9.A.18
The Region shall request and encourage the local municipalities:
(a)
to pass site plan control by-laws under the Planning Act that
include lands adjacent to Regional Roads to be widened and to
amend existing official plans policies to conform with those of
the Regional Policy Plan;
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SECTION NINE
(b)
(c)
TRANSPORTATION
to circulate all development applications requiring planning
approval to the Region to ensure that appropriate road
widening dedications can be requested as a condition of
development along any Regional Road; and
to prevent encroachments upon proposed Regional Road
allowances through appropriate protection policies in their
official plans and zoning by-laws.
Policy 9.A.19
The Region will review with the local municipalities the range and
appropriateness of any uses that are exempted from site plan control
along a Regional Road that is a highway to be widened based on
traffic and land use concerns.
Policy 9.A.20
Lands transferred to the Region for road widening purposes may be
used on an interim basis for landscaping or temporary uses in
accordance with local municipal by-laws by agreement between the
Region and the adjacent property owner.
Policy 9.A.21
Any lands that are not part of a designated Regional Road allowance
may be retained or considered surplus. Retained lands shall be
subject to a needs study. Surplus lands shall be disposed of in
accordance with the Region’s land disposal policies.
Policy 9.A.22
The taking of any right-of-way widening shall not require the Region to
undertake improvements to a particular roadway at a specific time.
Improvements, if any, are subject to priorities, capital budgeting and
land development needs.
Policy 9.A.23
Improvement of a Regional Road, including the widening of a traveled
section of a road, may be subject to a Class Environmental
Assessment under the Environmental Assessment Act, the Greenbelt
Act or some other general or specific Act. A Niagara Escarpment
Commission Development Permit may be required for road
improvements of roads which are within the Niagara Escarpment
Planning Area.
Policy 9.A.24
Specific routes that have a distinctive character should be recognized
in the Regional and local municipal official plans and encouraged by
the Region. Regional Roads with tourism attributes are Regional
Road 81 in Grimsby, Lincoln and St. Catharines; Regional Road 24
north of Regional Road 81 in Lincoln; Regional Road 39 in Lincoln
and St. Catharines; Regional Road 87 in St. Catharines and Niagaraon-the-Lake; Regional Road 3 in Wainfleet, Port Colborne and Fort
Erie; and Regional Road 1 in Fort Erie. Along these Roads and where
Regional Roads are within designated heritage areas and /or border
designated buildings/sites any development of adjacent lands, road
allowance changes or Class Environmental Assessments associated
with proposed road improvements shall be reviewed giving a high
priority to conservation of the scenic, natural, and cultural amenities.
128
SECTION NINE
TRANSPORTATION
Policy 9.A.25
The Region encourages tree planting and other forms of landscaping
along all Regional Roads and abutting private property to ensure
aesthetically pleasing streetscapes. Wherever possible and within
technical and budgetary constraints, the Region shall plant trees
along Regional Roads and abutting properties as a means of
achieving attractive treed avenues. The Region shall endeavour to
minimize the removal of trees, and any damage to existing trees.
Policy 9.A.26
The Region shall promote the use of innovative approaches to ensure
aesthetically pleasing streetscape designs. Treed avenues, attractive
sound barriers and decorative fencing, and appropriate land use
design are some possible ways of beautification. In this regard, the
model design guidelines of Policy 9.A.31, developed in partnership by
the local municipalities and Region, shall be implemented through this
partnership.
Policy 9.A.27
The Region will consider desirable and feasible measures to control
traffic noise from Regional Roads. Road traffic noise shall be assessed
and sound levels predicted using guidelines provided by the Ministry of
the Environment, as modified from time-to-time:
(a)
(b)
(c)
Policy 9.A.28
For Regional Roads in developed areas, the Region shall
establish criteria to assess the merits of traffic noise control
measures;
For Regional Roads in developing areas, all adjacent
development applications requiring planning approval must be
considered for traffic noise control features. The Region shall
determine the need for a traffic noise study, the requirements
for such studies, and the noise control features that are required
as a condition of planning approval. The Region’s approval is
required for all traffic noise control features external to the
buildings identified in the development agreements. The local
municipalities shall be responsible for enforcement of all traffic
noise control features to be incorporated into the building
construction; and
For a Regional Road that is new or to be widened, a traffic
noise impact study is required to examine the effects on the
existing and proposed residential communities or noise
sensitive land uses that may exist along the Road. The Region
shall establish criteria for acceptable noise levels and noise
control measures.
In acquiring right-of-way for links in the Regional Road system
consideration shall be given to the establishment of widths sufficient to
permit the future inclusion of rapid transit facilities in addition to a
roadway and to provide adequate buffering of adjacent lands. In
addition, within the Niagara Escarpment Plan area, the policies of the
Niagara Escarpment Plan shall be adhered to in the acquisition of
rights-of-way for links in the Regional Road system.
129
SECTION NINE
TRANSPORTATION
Policy 9.A.29
The Region may require that a permit be obtained from the Region for
any construction of new buildings/structures or additions along
Regional Roads to ensure that the required setbacks are
implemented to protect any proposed road allowance widenings
identified in the Policy Plan. This requirement shall be waived when
suitable local regulations are in operation.
Policy 9.A.30
Where a road allowance widening dedication is required under
Policies 9.A.9 or 9.A.13, or where a permit is issued under Policy
9.A.29, for development abutting a Regional Road, the
developer/owner of these lands must provide the Region, at no cost to
the Region, with a certificate of an Ontario Land Surveyor that all legal
survey monumentation on the widened road allowance is in place as
a condition of planning application approval under Policies 9.A.9 or
9.A.13, or on the setback as per a permit under Section 9.A.29 when
construction is completed.
Policy 9.A 31
A key design objective for Regional Roads is to develop contextsensitive solutions that balance safety, visual amenity, pedestrianism
and the ability to move large volumes of traffic. The balancing of these
issues may include permitting or removing on-street parking, allowing
or limiting access to adjacent properties, and modifying the pavement
width or other measures to facilitate traffic flow or calming while
contributing to a positive appearance, sense of place, and community
interaction. The Region will implement the approved “Model Urban
Design Guidelines” or its successor to facilitate this balance of both
traffic flow and community environments. Design guidelines shall also
be prepared for Regional Roads in non-urban areas.
Policy 9.A.32
All signs and displays to be erected along Regional Roads shall be
reviewed for acceptability by the Region.
Policy 9.A.33
A permit from the Region shall be required for the establishment of any
new access to a Regional Road or for the modification of any existing
access.
Policy 9.A.34
The Region shall develop and implement policies respecting necessary
zoning provisions such as loading and parking facilities. Such
provisions will apply to lands lying within 46 metres (150 feet) of a
Regional Road and must be incorporated in local zoning by-laws.
These requirements shall be waived when suitable local regulations are
in operation.
Policy 9.A.35
All development proposals abutting Regional Roads will be closely
reviewed by the Region. Developments which necessitate major road
improvements to accommodate the anticipated traffic will be coordinated with the installation of such improvements.
Policy 9.A.36
Where an individual development such as a major shopping centre,
industry, or high density residential complex requires special provisions
for traffic such as channelization, turning lanes or traffic signals, the
Region will require the developer to contribute to the cost thereof.
130
SECTION NINE
TRANSPORTATION
Policy 9.A.37
In order to reduce the impact of the removal of on-street parking on
Regional Roads and to ensure that an adequate supply of parking is
available where needed, local municipalities will be encouraged to
make suitable provisions in their zoning by-laws and to develop and
implement comprehensive off-street parking programs.
Policy 9.A.38
The Wine Route and the Victoria Avenue Market Greenway within the
Twenty Valley/Jordan Tourism Area provide key functions related to
tourism. Within the rights-of-way of these important routes, special
provisions for alternative development standards and design
treatments shall be established. The design of these roads will
recognize existing development patterns, and may incorporate, where
appropriate, permission for on-street parking, bicycle paths and
enhanced landscaping. Key principles to be considered in the future
improvement of these roads shall include:
x
x
x
x
x
Policy 9.A.39
develop a program of coordinated signage to identify and market
the themes promoted along the Regional Roads;
enhance the visual appeal of the Regional Roads through
streetscape treatment which should include trees and other
landscape upgrading, special lighting and banners;
encourage high quality redevelopment of properties along the
Regional Roads. Buildings should be oriented to front, face and
feature the road. Large parking areas should be located behind
or at the side of buildings and, where visible from the road, must
include substantial landscape treatment;
develop gateways, as shown on Twenty Valley/Jordan Harbour
Tourism Area Map, to define special precincts along the route, to
disseminate information and to mark entrances to the Ball’s Falls
Heritage Conservation Area, the Vineland CBD, Jordan Village
and Prudhommes; and
discourage further right-of-way and/or pavement widenings,
except to accommodate cycling facilities and/or on-street
parking within identified “Urban Areas”.
Designated Regional Road allowances that are not yet owned by the
Region shall be protected from development. In growth areas,
development plans shall make provision for these road allowances and
shall adhere to all Regional requirements. When new Regional Roads
are added to the Regional Road Network appropriate road allowance
widths will be added to the Table titled “Road Allowance Widths” by an
amendment to this Plan. Where a road, or a section of road, is deleted
from the Regional Road Network, it will be automatically eliminated
from the above policies and will become the responsibility of the
jurisdiction to which it has been transferred.
131
SECTION NINE
TRANSPORTATION
132
Regional
Road No.
1
3
19
19
19
21
21
25
25
112
116
116
116
122
124
Town of
Fort Erie
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
SECTION NINE
Central Ave.
Helena St./Thompson Rd.
Point Abino Rd.
Gorham/Stevensville Rd.
Stevensville Rd.
Stevensville/Sodom Rd.
Bowen Rd.
Phipps St.
Netherby Rd.
Netherby Rd.
Gilmore Rd.
Gilmore Rd.
Gilmore Rd.
Dominion Rd.
Garrison Rd.
-
-
-
-
-
-
Between
133
Lakeshore Rd. - Niagara Pkwy.
Dominion Rd. - Phipps St.
Michener Rd. - Hwy. 3
Farr Ave. - Carver St.
Carver St. - C.P.Railway
C.P.Railway - North Limit of Fort Erie
Stevensville Rd. - Thompson Rd.
Thompson Rd - Niagara Pkwy.
Montrose Rd. - QEW
QEW - Niagara Pkwy.
QEW - Thompson Rd.
Thompson Rd. - Concession Rd.
Concession Rd. - Niagara Blvd.
Gorham Rd. - Lakeshore Rd.
Rosehill Rd. - Central Ave.
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
26.2
26.2
20.1
26.2
20.1
26.1
26.2
20.1
30.5
26.2
30.5
26.2
23.2
20.1
30.5
Metres
Width
Regional
Road No.
10
12
12
12
12
14
14
39
40
73
81
81
81
512
512
Town of
Grimsby
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
SECTION NINE
Livingston Ave.
Livingston Ave.
Main St. W.
Main St. W.
Main St. W.
Mud St. West and East
QEW North Service Rd.
QEW South Service Rd.
Park Rd./Bartlett Ave.
Bartlett Ave.
Christie St.
Casablanca Blvd.
Mountain Rd.
Mountain Rd./St.
Christie St.
-
-
-
-
-
-
-
-
Between
134
Casablanca Blvd. - Main St. W.
Oakes Rd - Casablanca Blvd.
West Limit of Grimsby - Casablanca Blvd.
Casablanca Blvd. - Robinson St.
Robinson St. - East Limit of Grimsby
West Limit of Grimsby - East Limit of Grimsby
West Limit of Grimsby - Olive St..
West Limit of Grimsby - East Limit of Grimsby
E. of Park Rd. S. - Main St. E.
Main St. E. - Central Ave.
QEW - Olive St
Main St. W. - QEW
Mud St. - Ridge Rd.E.
Ridge Rd. E. - Main St. W.
Main St. W. - QEW
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
26.2
30.5
26.2
20.1
26.2
26.2
26.2
26.2
39.6
35.4
30.5
26.2
26.2
20.1
26.2
Metres
Width
Road No.
18
24
24
24
26
26
39
40
69
69
69
73
77
81
81
81
81
81
Lincoln
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
King St.
King St.
King St.
King St.
King St.
Fourth Ave.
Fly Rd.
Twenty Mile Rd.
Twenty/ Pelham Rd.
Pelham Rd.
QEW North Service Rd.
QEW South Service Rd.
Jordan Rd.
Jordan Rd.
Mountain Rd./Ontario St.
Vineland Townline Rd.
Victoria Ave.
Victoria Ave.
-
-
-
-
-
-
-
-
Between
West Limit of Lincoln - Lincoln Ave.
Lincoln Ave. - Bartlett Rd.
Bartlett Rd. - Rittenhouse Rd.
Rittenhouse Rd. - Orchard Ave.
Orchard Ave. - East Limit of Lincoln
Jordan Rd - East Limit of Lincoln
West Limit of Lincoln - Victoria Ave.
South Limit of Lincoln - Vineland Townline Rd.
South Limit of Lincoln - Nineth St.
Nineth St. - East Limit of Lincoln
West Limit of Lincoln - East Limit of Lincoln (discontinuous)
West Limit of Lincoln - East Limit of Lincoln (discontinuous)
Fourth Ave.- QEW South Service Rd.
King St. - Fourth Ave.
Fly Rd.. - QEW South Service Rd.
Twenty Mile Rd.- Nineth Ave.
Nineth Ave.- King St.
King St.- QEW South Service Rd.
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
135
"
669
Eighth Ave.
- Victoria Ave. - Twenty Rd.
*Regional Road #81 shall be subject to further study before any road reconstruction.
Regional
Town of
SECTION NINE
26.2
26.2*
20.1*
26.2*
20.1*
26.2*
20.1
26.2
26.2
26.2
20.1
26.2
26.2
26.2
30.5
26.2
30.5
26.2
20.1
Metres
Width
Regional
Road No.
20
20
20
25
27
27
43
43
47
49
49
57
57
61
63
70
70
98
98
98
98
100
101
101
102
102
116
420
City of
Niagara Falls
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
SECTION NINE
Roberts Rd.
Sodom Rd.
Stanley Ave.
Stanley Ave.
Mountain St.
Portage Rd.
St.Paul St.
Montrose /Schihl Rd.
Montrose Rd.
Montrose Rd.
Kalar Rd.
Taylor Rd.
Thorold Townline Rd
Niagara Townline Rd.
Chippawa Creek Rd.
Thorold Stone Rd.
Thorold Stone Rd.
Lyons Creek Rd.
McLeod Rd.
Marineland Pkwy.
Bridge St.
Bridge St.
Netherby Rd.
Schisler Rd.
Schisler Rd.
Lundy's Lane
Lundy's Lane
Ferry St.
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Between
136
Stanley Ave. - Falls Rd.
South Limit of Niagara Falls - Main St.
Lyons Creek Rd.- Highway 420
Highway 420 - Niagara Townline Rd.
Beechwood Rd. - Portage Rd.
Mountain St. - Stanley Ave.
North Limit of Niagara Falls - Mountain Rd.
Southern Limit of Niagara Falls - Welland River
Welland River - McLeod Rd..
McLeod Rd. - Kalar Rd.
Montrose Rd. - Mountain Rd.
Thorold Townline Rd. - North Limit of Niagara Falls
Brown Rd. - Taylor Rd.
St. Paul Ave. - Stanley Ave.
West Limit of Niagara Falls - Montrose Rd.
Garner Rd. - Stanley Ave.
West Limit of Niagara Falls - Garner Rd.
Montrose Rd. - Sodom Rd.
Oakwood Dr. - Marineland Pkwy.
McLeod Rd. - Stanley Ave.
Victoria Ave. - River Rd.
Stanley Ave. - Victoria Ave.
West Limit of Niagara Falls - Montrose Rd.
West Limit of Niagara Falls - Misener Rd.
Misener Rd. - Montrose Rd.
West Limit of Niagara Falls - Garner Rd.
Garner Rd. - Main St.
Main St. - Stanley Ave.
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
41.2
26.2
30.5
26.2
26.2
26.2
26.2
26.2
30.5
26.2
26.2
26.2
26.2
26.2
26.2
26.2
42.0
26.2
30.5
30.5
23.2
20.1
30.5
30.5
26.2
35.0
26.2
23.2
Metres
Width
York Rd.
Carlton St.
Stewart Rd.
Stewart Rd.
Four Mile Creek Rd.
Four Mile Creek Rd.
Four Mile Creek Rd.
Four Mile Creek Rd.
55
55
55
58
61
70
70
81
83
86
86
87
87
89
90
100
100
100
100
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
Glendale Ave.
Airport Rd.
Lake Shore Rd.
Lake Shore Rd.
Taylor Rd.
Taylor Rd.
Homer Rd.
Niagara Townline Rd.
Niagara Stone Rd.
Niagara Stone Rd.
Niagara Stone Rd.
137
(may be known by other names)
Road No.
Niagara-on-the-Lake
Name
-
-
-
-
-
-
-
-
-
-
-
Between
Line Two Rd. - Niagara Stone Rd.
South Limit of Niagara-on-the-Lake - Johanna Dr.
Johanna Dr. - Line Nine Rd.
Line Nine Rd. - Line Two Rd.
West Limit of Niagara-on-the-Lake - Taylor Rd.
York Rd. - Niagara Stone Rd.
East and West Line - Mississagua St.
Read Rd. - East and West Line
Carlton St. - Niagara Stone Rd.
West Limit of Niagara-on-the-Lake - Niagara Pkwy.
Seaway Haulage Rd. - Niagara Stone Rd.
Lake Shore Rd. - Carlton St.
South Limit of Niagara-on-the-Lake - Glendale Ave
Glendale Ave. - York St.
Glendale Ave. - QEW South Service Rd.
Four Mile Creek Rd. - Stanley Ave.
Field Rd. - Mary St.
York Rd. - Concession Six Rd.
Concession Six Rd - Field Rd.
ROAD ALLOWANCE WIDTHS
Regional
TRANSPORTATION
Town of
SECTION NINE
20.1
26.2
20.1
26.2
36.6
26.2
20.1
26.2
26.2
26.2
26.2
20.1
26.2
30.5
30.5
26.2
26.2
26.2
20.1
Metres
Width
Road No.
20
20
20
20
24
29
36
36
Pelham
"
"
"
"
"
"
"
"
Pelham St.
Vineland Townline Rd.
Webber Rd.
Pelham St.
Highway 20 *
Highway 20 *
Highway 20 *
Highway 20 *
-
-
-
-
Between
Port Robinson Rd - Highway 20 *
South Limit of Pelham - North Limit of Pelham
Vineland Townline Rd. - Murdock St.
South Limit of Pelham - Port Robinson Rd.
Station St.. - East Limit of Pelham
West Limit of Pelham - Lookout St.
Lookout St. - Haist St.
Haist St. - Station St.
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
Regional
Road No.
3
3
3
3A
3A
84
98
98
City of
Port Colborne
"
"
"
"
"
"
"
"
Miller Rd.
Wilhelm Rd.
Forks Rd./ Schihl Rd.
Welland St.
Mellanby Ave.
Main St. W.
Main St. W.
Main St. E.
(may be known by other names)
Name
-
-
-
-
138
Main St. - Townline Tunnel Rd.
Highway 3 - Forks Rd.
Wilhelm Rd. - North Limit of Port Colborne
Mellanby Ave. - Main St. E.
Main St. W. - Welland St.
West Limit of Port Colborne - West Side Rd.
West Side Road - Welland Canal
Welland Canal - Wellington Ave.
Between
"
- Vineland Townline Rd. - North Limit of Pelham
69
Twenty Rd.
"
- Airport Entrance - Effingham St.
529
River Rd.
"
- River Rd. - Webber Rd.
529
Effingham St.
"
- South Limit of Pelham - River Rd.
627
O'Reilly Rd.
* Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway 20.
Regional
Town of
SECTION NINE
26.2
26.2
26.2
20.1
20.1
34.7
20.1
20.1
Metres
Width
26.2
26.2
26.2
26.2
20.1
30.5
30.5
27.4
35.0
35.0
26.2
20.1
Metres
Width
Regional
Road No.
28
34
38
39
40
42
42
42
46
48
48
50
50
50
50
50
69
71
72
72
72
77
77
77
77
City of
St. Catharines
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
SECTION NINE
Fourth Ave.
Fourth Ave.
Fourth Ave.
Fourth Ave.
Louth St.
Louth St.
Louth St.
Pelham Rd.
St. David’s Rd.
Glenridge Ave.
Glenridge Ave.
Glenridge Ave.
Glenridge Ave.
Glenridge Ave.
Niagara St.
Ontario St.
Geneva St.
Niagara St.
QEW South Service Rd.
Ontario St.
Ontario St.
-
-
-
-
-
-
-
-
-
Between
139
West Limit of St. Catharines – Third St. Louth
Third St. Louth – First St. Louth
First St. Louth – Martindale Rd.
Martindale Rd. – Highway 406
Pelham Rd. – St. Paul St. W.
St. Paul St. W. – CN Railway
CN Railway – Fourth Ave.
West Limit of St. Catharines – Glendale Ave.
Merrittville Highway – Highway 406
Edgedale Rd. – Westchester Cres..
St David’s Rd. – Shaver Hospital Entrance
Shaver Hospital Entrance – Lockhart Dr.
Lockhart Dr. – Riverview Blvd.
Riverview Blvd. – Edgedale Rd.
Church St. – Lakeshore Rd.
Carlton St. – Lakeport Rd.
Westchester Cres.- St. Paul St.
Geneva St. – Church St.
West Limit of St. Catharines – Martindale Rd.
St Paul St. – King St.
King St. – Carlton St.
Pelham Rd. – St. Paul St. W.
St. Paul St. W. – Lakeshore Rd.
Fourth Ave. – Lakeshore Rd.
West Limit of St. Catharines – Third St. Louth
ROAD ALLOWANCE WIDTHS
(may be knownby other names)
5 St. Louth
th
7 St. Louth
Martindale Rd.
QEW North Service Rd.
th
Name
TRANSPORTATION
20.1
30.5
35.0
36.0
20.1
26.2
21.6
26.2
26.2
20.1
26.2
20.1
33.5
23.7
26.2
26.2
26.2
20.1
26.2
23.2
20.1
20.1
20.1
26.2
26.2
Metres
Width
77
77
77
81
81
81
83
83
“
“
“
“
“
“
Carlton St.
Carlton St.
Welland Ave.
St. Paul St. W. /St. Paul St.
Queenston St.
Queenston St.
-
-
-
Ontario St – Niagara St.
Niagara St. – East Limit of St. Catharines
Geneva St. – Dunkirk Rd.
West Limit of St. Catharines – William St.
Eastchester Ave. – Cushman Rd.
Cushman Rd. – East Limit of St. Catharines
Highway 406 – Ontario St.
Ontario St. – Geneva St.
Between
20.1
26.2
26.2
26.2*
20.1
26.2
26.2
20.1
Metres
Width
140
“
87
Lakeshore Rd./Main St.
- Seventh St. Louth – Lock St.
20.1**
“
87
Lock St.
- Main St. – Lakeport Rd.
20.1
“
87
Lakeport Rd.
- Lock St. – Ontario St.
26.2
“
87
Lakeshore Rd.
- Lakeport Rd. – Read Rd.
26.2
“
89
Glendale Ave.
- Pelham Rd. – Marsdale Dr.
36.6
“
89
Glendale Ave.
- Marsdale Dr. – East Limit of St. Catharines
26.2
“
91
Westchester Cres.
- St. Paul St. – Queenston St.
26.2
“
581
Church St.
- Geneva St. – Niagara St.
26.2
“
681
William St.
- King St. – St. Paul St.
20.1
“
681
King St.
- Ontario St. – William St.
26.2
* Regional Road #81 shall be subject to further study before any road reconstruction.
** Lakeshore Road between Seventh Street and Courtleigh Road is identified for special study to determine the improvements that could be made to facilitate bicycling.
“
(may be known by other names)
Road No.
St. Catharines
Welland Ave.
Welland Ave.
Name
ROAD ALLOWANCE WIDTHS
Regional
TRANSPORTATION
City of
City of St. Catharines (cont’d)
SECTION NINE
Road No.
20
37
50
63
67
67
67
70
71
82
Thorold
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Thorold Townline Rd.
St. David's Rd.
Allanport Rd.
Chippawa Creek Rd.
Beaverdams Rd.
Beaverdams Rd.
Pine St.
Highway 20 *
Merritt Rd.
Merrittville Highway
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-
-
Between
Chippawa Creek Rd. - Taylor Rd.
Merrittville Highway - Highway 406
Chippawa Creek Rd. - Highway 20
Allanport Rd. - East Limit of Thorold
Merrittville Highway - Collier Rd.
Collier Rd. - Pine St.
Beaverdams Rd. - Highway 58
West Limit of Thorold - Provincial Highway 20 or East Limit of Thorold
Niagara St. to Highway 406
South Limit of Thorold - St. David's Road
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
141
"
- Welland River - Chippawa Creek Rd.
84
Moyer Rd.
* Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway 20.
** The detailed road design may suggest that, on occasion, the road allowance width may be less than 35 metres.
Regional
City of
SECTION NINE
30.5
26.2
26.2
26.2
26.2
26.2
23.2
20.1
35.0**
35.0
26.2
Metres
Width
Regional
Road No.
3
3
3
4
7
15
23
24
27
45
63
627
Wainfleet
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“
“
“
“
“
“
“
“
“
“
“
Creek Rd.
Canborough Rd.
O’Reilly’s Rd.
River Rd.
Forks Rd.
Vineland Townline Rd.
Robinson Rd.
Wellandport Rd.
Marshagan Rd.
Lakeshore Rd.
Station Rd.
Concession Rd. 1
142
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-
-
-
-
-
Between
Canborough Rd. - River Rd.
West Limit of Wainfleet – Welland River (North Limit of Wainfleet)
River Rd. – North Limit of Wainfleet
North Limit of Wainfleet at Wellandport – East Limit of Wainfleet
Highway 3 – East Limit of Wainfleet
Highway 3 – North Limit of Wainfleet
West Limit of Wainfleet – Canborough Rd.
Highway 3 – Creek Rd.
West Limit of Wainfleet – Creek Rd.
West Limit of Wainfleet- Station Rd.
Lakeshore Rd. – Concession Rd. 1
Station Rd. – Highway 3
ROAD ALLOWANCE WIDTHS
(may be known by other names)
Name
TRANSPORTATION
Township of
SECTION NINE
20.1
26.2
26.2
26.2
30.5
30.5
26.2
26.2
26.2
20.1
26.2
26.2
Metres
Width
Regional
Road No.
23
25
27
27
27
27
27
27
27
27
27
29
29
36
41
41
50
50
54
54
68
84
84
84
525
525
527
Welland
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"
"
"
"
"
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"
"
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"
"
"
"
"
"
"
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"
"
"
"
"
Name
Division St.
Townline Tunnel Rd.
Keefer Rd.(link road)
King St.
Miller Rd.
Doans Ridge Rd
Moyer Rd.
143
Prince Charles Dr. S.
Prince Charles Dr. N. / Rice Rd.
Niagara St.
Niagara St.
Woodlawn Rd.
South Pelham Rd.
Woodlawn Rd.
Lincoln St.
Lincoln St.
Eastbound Ramp from Moyer Rd.
Riverside Dr.
Riverside Dr.
West Main St.
East Main St.
East Main St.
East Main St.
East Main St.
East Main St.
Forks Rd.
Netherby Rd.
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-
-
-
-
-
-
-
-
-
-
Between
West Main St. - Burgar St.
Highway 140 - Netherby Rd.
Townline Tunnel Rd. - Miller Rd.
Division St. - East Main St.
Townline Tunnel Rd. - Netherby Rd.
Netherby Rd. - East Main St.
East Main St. - Welland River
Highway 58 - Lincoln St.
Lincoln St. - Woodlawn Rd.
West Main St. - Thorold Rd.
Thorold Rd. - North Limit of Welland
Mall Entrance - Highway 406
Lincoln St. - North Limit of Welland
South Pelham Rd. - Mall Entrance
Murdock St. - Riverside Dr.
Riverside Dr. - Prince Charles Dr.
RR 84 Northbound - RR 27 Eastbound
West Limit of Welland - Lincoln St.
Lincoln St. - Prince Charles Dr.
Prince Charles Dr. - King St.
King St. - Ross St.
Ross St. - Wellington St.
Wellington St. - Highway 140
Highway 140 - Moyer Rd.
Moyer Rd. - East Limit of Welland
West Limit of Welland - Highway 58
Doan's Ridge Rd. - East Limit of Welland
ROAD ALLOWANCE WIDTHS
(may be known by other names)
TRANSPORTATION
City of
SECTION NINE
20.1
36.6
35.0
23.2
26.2
26.2
30.5
30.5
26.2
23.2
26.2
35.0
26.2
26.2
36.6
26.2
30.5
26.2
20.1
20.1
20.1
26.2
35.0
36.6
26.2
26.2
30.5
Metres
Width
Road No.
2
9
12
14
14
20
20
20
24
27
63
65
69
West Lincoln
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Canborough Rd.
Bismark Rd.
Twenty Mile Rd.
Wellandport Rd.
Vineland Townline Rd.
Highway 20 * / West St.
West / Griffen / St. Catharines St.
Highway 20 *
Smithville /Townline Rd.
Canborough / Station St./ Thirty Rd.
Grimsby Rd.
Caistorville Rd.
York St.
(may be known by other names)
Name
-
-
-
-
-
-
-
Between
South Limit of West Lincoln - Vineland Townline Rd.
West Limit of West Lincoln - Wellandport Rd.
Highway 20 * - Vineland Townline Rd.
Highway 20 * - South Limit of West Lincoln
South Limit of West Lincoln - North Limit of West Lincoln
West Limit of West Lincoln - S. Grimsby Rd. 5
S Grimsby Rd. 5 - Townline Rd.
Townline Rd. - East Limit of West Lincoln
West Limit of West Lincoln - Canborough St.
Townline Rd. - North Limit of West Lincoln
Highway 20 * - North Limit of West Lincoln
South Limit of West Lincoln - Bismark Rd.
West Limit of West Lincoln - Caistorville Rd.
ROAD ALLOWANCE WIDTHS
144
"
73
Mud St. West and East
- West Limit of West Lincoln - East Limit of West Lincoln
* Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway 20.
Regional
TRANSPORTATION
Township of
SECTION NINE
26.2
26.2
26.2
26.2
26.2
30.5
35.0
20.1
35.0
26.2
26.2
26.2
26.2
26.2
Metres
Width
SECTION NINE
9.B
TRANSPORTATION
Public Transit
Policy 9.B.1
The provision of local and long distance public transit facilities is
presently the responsibility of other jurisdictions. The Region will
support measures to improve all public transit services. Such support
can include representation respecting routing, fares, subsidies, etc., to
appropriate Provincial agencies, and on street improvements designed
to facilitate transit operations on Regional roadways.
Policy 9.B.2
A Regional Public Transit Committee shall be formed to investigate and
make recommendations with respect to the selection of an appropriate
role for the Region in the public transit field and any legislative or
organizational changes which may be required to permit the Region to
assume its recommended responsibilities.
Policy 9.B.3
Planning of new development areas shall take into consideration bus
route planning and pedestrian accessibility to routes.
Policy 9.B.4
Planning of major transportation corridors shall include serious
consideration to future public transit potential and the provision of a
separate right-of-way for such use within the highway right-of-way.
Policy 9.B.5
Local official plan studies and Regional and local transportation studies
shall include consideration of short and long-term public transit aspects.
Policy 9.B.6
The Region will take all possible steps to assist municipal Transit
Commissions to obtain adequate Provincial financing for the purpose of
improving bus services, equipment and terminal facilities and for
experimental public transit systems.
Policy 9.B.7
As a means of co-ordinating and optimizing the use of public bus
services, the Region will promote close co-operation between transit
operators and local Boards of Education.
9.C
Railroads
Policy 9.C.1
The Region will support the continued improvement of rail facilities for
the movement of passengers and goods throughout the Region.
Policy 9.C.2
Where desirable, the Region will initiate studies of the rail system to
develop proposals for their future use and to resolve current problems.
Such studies would include consideration of:
•
the possible removal of rights-of-way from urban centres,
•
a rail system and terminals for long-term development for both
passengers and freight,
•
the elimination or protection of grade level crossings,
•
the possible use of existing rail lines for rapid transit,
145
SECTION NINE
9.D
TRANSPORTATION
•
the feasibility of using rail rights-of-way for other uses such as
pipelines, hydroelectric transmission lines, or new roads, and
•
the feasibility of using abandoned rights-of-way for other uses.
Airports
Policy 9.D.1
The Region will encourage the development of aircraft facilities to serve
Regional commercial, recreation and private air transportation needs
which are compatible with all the other policies of this Plan.
Policy 9.D.2
In the development or evaluation of airport proposals, the prime
considerations will be appropriate land use, adequate access and a
minimum of interference with the natural and community environment.
Policy 9.D.3
The Region will encourage and promote consultation among the
various levels of government in the planning of future airport facilities.
9.E
Welland Canal
The channels and locks of the Welland Canal are operated as a major transportation
artery of national and international importance. The Region recognizes this larger role but
will seek liaison with the St. Lawrence Seaway Authority to minimize conflicts between the
national purpose and the objectives of the local municipalities along the Canal corridor.
Regional land use planning policies recognize the "barrier" influence of the Canal channel
on development areas and the movement of land traffic.
Policy 9.E.1
9.F
The Region will seek a formal liaison role with the St. Lawrence
Seaway Authority and other Federal and Provincial agencies involved
to identify mutual interests and to act on behalf of the local
municipalities. The intent of this liaison role is to achieve the objectives
of the local municipalities, the Niagara Region and the St. Lawrence
Seaway Authority without interfering with the basic function of the
Canal.
Bicycling
Regional Niagara has shown a substantial commitment to, and support of, bicycling.
Particular initiatives have included:
x
Preparation and adoption of the Regional Niagara Bicycling Study (1995), including
the identification of a Regional Niagara Bicycling Network.
x
Formation of a Regional Niagara Bicycling Committee with separate Task Forces
focused on Encouragement, Engineering, Education, Enforcement, and Policy
Development.
x
Creation of about 90 kilometres of bicycling facilities between 1995 and 1999, with
about 24 kilometres being completed in 1999 alone.
146
SECTION NINE
TRANSPORTATION
x
Promotion of Niagara as a tourism destination for bicycling.
x
Recognition of bicycling activity as part of a healthy lifestyle.
Since bicycling is a legitimate means of transportation and its associated facilities are
related to the physical environment, the following objectives and policies are added to the
Regional Policy Plan to reflect the community’s aspirations and priorities.
Objectives for Bicycling
Objective 9.F.1
To encourage bicycling and work towards a safe, bicycle-friendly
environment in Niagara to enhance the overall quality of life.
Objective 9.F.2
To promote safety through bicycling education and enforcement
initiatives.
Objective 9.F.3
To recognize and support bicycling as a legitimate and an
environmentally sustainable form of transportation for utilitarian and
recreational purposes.
Objective 9.F.4
To promote bicycling as part of Niagara’s tourism experience in
partnership with the Niagara Economic and Tourism Corporation, the
private sector and other agencies.
Objective 9.F.5
To develop and support a Regional Niagara Bicycling Network
(Bicycling Network) and related infrastructure that is planned,
designed, constructed, and maintained according to recognized
standards and/or guidelines.
Objective 9.F.6
To consider and incorporate bicycling in the Region’s land use and
transportation planning activities.
Objective 9.F.7
To encourage and assist local municipalities to adopt and support
bicycle-friendly initiatives where appropriate and to develop bicycle
facilities which connect with the Bicycling Network.
Objective 9.F.8
To encourage and help ensure the integration of other bicycling
facilities with the Bicycling Network such as the Waterfront Trail, the
Welland Canals Parkway Multi-Use Trail, the Trans Canada link Trail
and other networks outside of Niagara.
Objective 9.F.9
To maximize the annual improvements for bicycling with the aim of
completing major continuous segments of the Bicycling Network in as
timely a manner as possible.
Policies
The Regional Municipality of Niagara will:
Policy 9.F.1
Continue to maintain, support and encourage the activities of the
Regional Niagara Bicycling Committee as an advisory sub-committee
of the Public Works and Utilities Committee; with membership
consisting of political, public, appropriate agencies and Regional staff
147
SECTION NINE
TRANSPORTATION
representation; and, to undertake the tasks related to the above
objectives.
Policy 9.F.2
Ensure implementation of the overall Bicycling Network shown on the
map titled “Regional Niagara Bicycling Network” where it follows
Regional Roads, and facilitate the implementation elsewhere, with
continuous and safe linkages through the Capital Works and related
programs, other agencies and partnerships (e.g. Welland Canals
Parkway Multi-Use Trail, Niagara Parks Commission, Ministry of
Transportation, Railways, Transport Canada and other jurisdictions).
Policy 9.F.3
Where the Regional Niagara Bicycling Network is proposed on a local
municipal road, the Regional Municipality will be responsible for
funding of the bicycling facility, subject to Regional Council approval.
If these funds are not available, the local municipality may proceed
with capital works without the bicycling facility.
Policy 9.F.4
Provide the Regional Niagara Bicycling Committee with the approved
annual Regional roads rehabilitation and construction program as well
as the capital works program for sewer and water works to examine
and to provide recommendations on bicycling-related works subject to
overall considerations (e.g. budgetary, stakeholder, property)
identified by the Regional Public Works and Utilities Committee.
Policy 9.F.5
Adopt provincially and/or nationally recognized engineering standards
as guidelines to assist in the planning and design of bicycle facilities
on the Bicycling Network. Prior to the design and construction of a
bikeway or facility, safety and operational matters will be considered
as well as the cultural, scenic and other environmental attributes
through which the designated routes pass. Outside urban areas, off
the Bicycling Network, an attempt will be made to continue the current
practice of providing an extra 0.5 metres of paved shoulder along
Regional roads where possible.
Policy 9.F.6
Request that local municipalities and other agencies plan and develop
bicycle routes and facilities, and that these organizations and utility
companies consider provisions for the safe and convenient use of
bicycles in their planning documents and in their proposed capital
works.
Policy 9.F.7
Support and assist in the protection of abandoned rail and other linear
corridors for off-road trails; recommend that the local municipalities
consider the various means to protect and/or acquire such corridors;
and, request that local zoning by-laws contain minimum provisions for
safe and secure bicycle parking in high activity areas and at public
buildings.
Policy 9.F.8
Recognize that bicycling routes located on private property will only
remain open with the approval of the property owner.
148
SECTION 10
SECTION 10
Community Services
and
Facilities
SECTION TEN
COMMUNITY SERVICES
10. Community
Services and Facilities
This section was deleted from the Plan in its entirety and placed in the appendices by the
Minister of Housing on June 16, 1978.
150
SECTION 11
SECTION 11
Finance
SECTION ELEVEN
FINANCE
11.
Finance
Financial planning at the Regional and local level is dependent on a variety of grants from
the Provincial government. The constantly changing nature of these Provincial subsidies
makes financial planning by municipalities, on even a short term basis, a difficult and
uncertain prospect.
The major source of municipal government income is the property tax. The property tax is
becoming increasingly inadequate and inequitable as a basis for local taxes, given the
growing scale and complexity of urban problems and responsibilities.
Policies for Finance
Policy 11.1
The Region supports greater emphasis by the Province on
unconditional grants in order that the Region will be better able to
establish and implement its own budget priorities.
Policy 11.2
Priorities for the provision of capital works will be set out in a five year
capital budget forecast. The formulation of this budget should be a cooperative effort with other departments in the Region and the local
municipalities and must reflect the policies and priorities set out in this
Plan.
151
SECTION 12
SECTION 12
Implementation
SECTION TWELVE
IMPLEMENTATION
12.
Implementation
The Policy Plan, together with its policies, operates under a legal and procedural umbrella
which defines the limits within which a municipality is permitted to act. The various
planning powers and responsibilities of the Region are set out in Ontario Provincial
legislation - three of the more important examples being: The Regional Municipality of
Niagara Act, The Municipal Act and the Planning Act. The ability to implement the
objectives and policies in this Plan is dictated by the content and scope of these pieces of
legislation. However, on a day-to-day basis the Plan is implemented through various
projects and programs instituted by the different levels of government and by private
interests. The Regional Plan, therefore, is essentially a means of guiding short range
public and private actions on a region wide scale according to long range considerations of
the public interest, and is intended to assist in the creation of conditions within which the
private market and public authorities can function most effectively. The Plan is to be reevaluated periodically as needs and desires change.
It is intended that this Plan be read in its entirety as existing and proposed land uses
may be subject to policies within different sections of the Plan. Where multiple policies
apply, these are to be applied in either a cumulative or integrated manner, such that all
of the policies that relate to a matter are addressed, with the more specific or restrictive
policy applying where there are conflicts. Policies are not meant to be read in isolation
of the rest of the policies, both general and specific.
Objectives for Implementation
Objective 12.1
To have planning responsibilities and authority for particular matters
borne by the level of government best suited to the particular task.
Objective 12.2
To promote co-operation and co-ordination of planning responsibilities
among each of the area municipalities, between the area municipalities
and the Region and with adjacent Regions and municipalities.
Policies for Implementation
Policy 12.1
It is intended that local official plans will be in agreement with and will
complement and detail the broad policies contained in the Regional
Plan. It is further intended that the initiative for proposing detailed
policies, together with maps and written text on matters of local
concern, including land use, transportation, recreation, servicing and
phasing, will be the responsibility of local municipalities.
Policy 12.2
In accordance with the provisions of the Planning Act, 1990, every
official plan and every zoning by-law in effect in the Region shall be
amended to conform to the Regional Plan.
Policy 12.3
The Region will provide all assistance possible to local municipalities to
bring local official plans and zoning by-laws into conformity with the
Regional Plan. It is further understood that the responsibility for
bringing local official plans and zoning by-laws into conformity with the
152
SECTION TWELVE
Policy 12.4
IMPLEMENTATION
Regional Plan is considered a joint local, Regional and Provincial
responsibility.
The Region will consult with the Province and with the local
municipalities to determine the best method for achieving conformity
among the Regional Plan and the local official plans and zoning bylaws.
Policy 12.5
The Regional Plan, upon receipt of Ministerial approval, shall be
binding on all local and Regional agencies and departments, and shall
prevail when it is at variance with existing local official plans.
Policy 12.6
In Unique Agricultural Areas expansions to existing buildings and
structures, accessory structures and uses, and/or conversions of
legally established existing uses which bring the use more into
conformity with this Plan, are permitted subject to a demonstration of
the following:
x New municipal services are not required; and
x The use does not expand into key natural heritage features and
key hydrological features unless there is no other alternative in
which case any expansion shall be limited in scope and kept
within close geographical proximity to the existing structure.
Other policies affecting lands outside the Unique Agricultural Areas
notwithstanding, this plan shall not prohibit the continued operation of
legally established residential, industrial, business, agricultural, and
institutional facilities. Further, this Plan shall not prohibit the reasonable
expansion or change in the use of such facilities provided Urban Area
Boundaries are not superseded; the expansion does not involve a
major intensification of land use; or result in the intrusion of new
incompatible uses; and subject to:
(1)
(2)
(3)
(4)
(5)
the need and desirability of the operation;
regard for environmental, agricultural, and other policies of this
Plan;
compatibility with existing surrounding uses;
access and servicing requirements being met; and
no additional municipal services being required.
Further policies guiding the continued operation and possible
expansion of such existing uses should be included in local official
plans. In addition, within the Niagara Escarpment Plan area, the
Niagara Escarpment Plan Policies in Section 7.H apply to existing
uses.
Policy 12.7
The Region accepts that local official plans may be more detailed and
comprehensive in their various policies and maps while still complying
with this Plan.
Policy 12.8
The Region encourages the preparation by local municipalities of
secondary plans (neighbourhood plans, urban renewal plans, etc.) as
detailed planning guides for parts of municipalities. These plans should
be made available to the public for their information and to the Region
for informal comment but need not have any official status.
153
SECTION TWELVE
IMPLEMENTATION
Policy 12.9
The Region will prepare and request the use of standard terminology
and presentation formats for local zoning by-laws and local official
plans.
Policy 12.10
In order to assist in reducing the costs of housing incurred through the
development approval process, the Region will support all measures
necessary to expedite the development approval process, including
strict time limits on subdivision approval and registration procedures.
Policy 12.11
Although recognizing the possibility of causing delay in the planning
process, the Region supports:
(a)
greater regard for design and environmental features in
subdivision approvals;
(b)
adequate provision for public information and public input; and
(c)
the use of "site plan agreements" by municipalities in order to
better control and regulate the quality of development proposals.
Policy 12.12
The Region supports reviews or assessments of this Plan at regular
intervals.
Policy 12.13
The Region expects that local official plans will provide policies to
recognize and regulate the various clusters of subdivision type
development which already exist outside urban areas and are not
included in the provisions for such uses as hamlets, lakeshore
residential and estate residential, but such policies shall not encourage
or extend strip development along Provincial, Regional or local roads.
The local official plan or an amendment thereto must identify and
designate any such cluster within which additional development may
occur, and define the boundaries of the existing development, the
intentions of the area municipality with respect to the provision of
services (particularly piped services, if any), and the policy for allowing
infilling, if any, on vacant lands within the existing cluster. The
permitted infilling should not create any potential additional conflict or
strengthen any existing conflict with adjacent agricultural uses, and
should be small in quantity.
Policy 12.14
Nothing in this Plan shall prohibit some continued residential
development at low density to a depth of 140 metres (450 feet) along
the west side of the Niagara Parkway in the City of Niagara Falls from
the former village of Chippawa southerly to the northerly boundary of
the Town of Fort Erie, but recognizing that the precise form and location
of such additional development shall be determined jointly by the City
and the Region.
Policy 12.15
Notwithstanding other policies of this Plan, the industrial area along
both sides of Webber Road between Cream and Effingham Streets so
designated in the approved Official Plan of the Town of Pelham may be
developed and used in accordance with the policies of that Official
Plan.
154
SECTION TWELVE
IMPLEMENTATION
Policy 12.16
Notwithstanding other policies of this Plan, the head office and
manufacturing facility of E.S. Fox Ltd. and its affiliated companies or
successors are permitted on their lands consisting of approximately 33
hectares (84 acres) located on part of Lots 214 and 215 in the City of
Thorold.
Policy 12.17
Notwithstanding other policies of this Plan, the lands being comprised
of approximately 2.83 hectares (6 acres) at the southwest corner of
Lundy's Lane and Garner Road in the City of Niagara Falls may be
used for tourist commercial and open space uses.
Policy 12.18
Notwithstanding other policies in this Plan, an Islamic Cemetery is
permitted on a 2 hectare (5 acre) site on the north side of Yokom Road,
east of Conrail line in the City of Niagara Falls (part of Lot 7,
Concession IV, former Township of Crowland).
Policy 12.19
Notwithstanding other policies in this Plan, a golf course with clubhouse
is permitted on a 58.87-hectare (145.36-acre) site located on the
following lands. Firstly: Part of Lots 9 and 10, Concession 7,
designated as Part 1, Plan 30R-6376 formerly in the Township of
Louth, County of Lincoln now in the Town of Lincoln, Regional
Municipality of Niagara; SAVE and EXCEPT that Part of Lot 9,
Concession 7, designated as Part 1, 30R-6578. Secondly: Part of lot 8,
Concessions 6 and 7, and Part of the Road Allowance between
Concessions 6 and 7 through Lot 8, designated as Parts 1, 4, 5, and 6,
Plan 30R-6375, in the Town of Lincoln, in the Regional Municipality of
Niagara.
Policy 12.20
Lands in the City of Niagara Falls consisting of some 15 hectares (38
acres) located north of Mountain Road, south of the CNR line, west of
St. Paul Avenue, and east of the Calaguiro Estates property must be
developed together in a manner satisfactory to the Region and the City
of Niagara Falls so as to improve the appearance of the former sand
pit.
Policy 12.21
Notwithstanding other policies in this Plan, a high school and church on
full municipal services are permitted on a site of above 8 hectares (20
acres) excluding the portion of the property fronting on Kerman Avenue
located on part of Lot 13, Concession 1 and 2, southwest of the
intersection of Livingston Avenue and Kerman Avenue in the Town of
Grimsby.
Policy 12.22
Notwithstanding other policies in this Plan, a church is permitted on a .5
hectare (1.3 acre) site located on the east side of Rice Road and north
of Port Robinson Road in the Town of Pelham (Part Lot 165, former
Township of Thorold).
Policy 12.23
Notwithstanding other policies in this Plan, a municipal cemetery is
permitted on a site consisting of approximately 4 hectares (10 acres),
located east of Mountain Road and north of Elm Tree Road East in the
Town of Grimsby.
155
SECTION TWELVE
IMPLEMENTATION
Policy 12.24
Notwithstanding other policies in this Plan, a residential dwelling is
permitted on a site consisting of about .4 hectare (1 acre) being part of
Lot 168, Registered Plan M-1 in the former Township of Niagara and
located on the west side of Creek Road near Wall Road in the Town of
Niagara-on-the-Lake.
Policy 12.25
Notwithstanding other policies in this Plan, the extension of a sanitary
sewer approximately 200 feet south along Station Street from Second
Avenue in the Town of Lincoln to service one single detached dwelling
on a 2.8 acre property is permitted.
Policy 12.26
Notwithstanding other policies in this Plan, a golf course, with related
golf club facilities is permitted on a 111 hectares (275 acres) parcel
located on the following lands. Firstly: Part of Lots 2, 3, and 4,
Concession 10, in the Town of Niagara-on-the-Lake, Regional
Municipality of Niagara. Secondly: Part Lot 1, in the City of Thorold, in
the Regional Municipality of Niagara. Thirdly: Part Gore Lots 10 and 11
in the City of Niagara Falls, in the Regional Municipality of Niagara.
Lastly: Part Lot 5, Concession 10, in the City of St. Catharines, in the
Regional Municipality of Niagara.
Policy 12.27
Notwithstanding other policies in this Plan, a golf course is permitted on
a site consisting of about 31 hectares (76 acres) and located on Part of
Lots 259, 260, and 260 Broken Front Concession, former Township of
Thorold, now in the City of Welland.
Policy 12.28
Notwithstanding other policies in this Plan, a golf course is permitted on
a site consisting of about 55 hectares (135 acres) and located on Part
of Lot B and C on the Eastern Gore and Part of Lots 1 and 2,
Concession 2 and Part of Lot C, Concession 3 situated between the
"bench face" and the Niagara Escarpment in the Town of Grimsby.
Policy 12.29
The lands described in Amendment 61 (Meadowood Estates area) to
the Regional Policy Plan involving a 9.40 acre expansion to the Urban
Area for Beamsville in the Town of Lincoln include a 2 metre strip of
open space owned by the Town of Lincoln and inside the Urban Area
along the northern boundary of the expansion area, in order to establish
a clear and identifiable Urban Area Boundary.
Policy 12.30
Notwithstanding other policies in this Plan, an asphalt manufacturing
facility is permitted on parts of Lots 28 and 15, on the east side of the
Third Welland Canal, in the City of Thorold.
Policy 12.31
Notwithstanding other policies in this Plan, a municipal sports park is
permitted on a site consisting of about 17 hectares (43 acres) and
located south of Fly Road and east of Mountain Road on part of Lot 18,
Concession 7, in the former Township of Clinton, now in the Town of
Lincoln.
Policy 12.32
Notwithstanding any other Policies in this Plan, an Elementary School,
a High School and related recreational facilities for the Niagara
Reformed Christian Association School are permitted on a 20 acre
site on the south side of Fourth Avenue, part of Lot 18, Concession 4,
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former Township of Louth. Connections to municipal water lines and
sewer lines are also permitted.
Policy 12.33
Other policies in this Plan notwithstanding, a day camp use including
a picnic pavilion, washroom facility, and playing fields involving
approximately 2 hectares (5 acres) on the northern upland portion is
permitted on the parcel of land consisting of approximately 57
hectares (140 acres) and located on Kilman Road on Part of Lots 7
and 8, Concession 5 in the Town of Pelham provided:
(a)
day campers are limited to no more than 50 people a day,
(b)
non-agricultural buildings and structures are limited to a picnic
pavilion and a 4500 litre/day washroom facility,
(c)
uses on the site, excluding the approximately 2 hectare (5 acre)
parcel on the upland portion, are to be limited to agriculture,
conservation, nature viewing, and walking trails,
(d)
overnight camping is not permitted, and
(e)
recreation uses and development on the site shall be in
accordance with the policies of the Niagara Escarpment Plan.
Policy 12.34
Notwithstanding other policies in this Plan, three residential dwellings
are permitted with municipal water and sewer services on a 2.6 acre
parcel located at 370 Martindale Road in the City of St. Catharines.
Policy 12.35
Notwithstanding other policies in this Plan, a golf course is permitted
on a site consisting of about 40 hectares (96 acres) and located north
of Carl Road east of Moyer Road (Regional Road 84) and west of an
unopened road allowance in the City of Welland.
To minimize the impact of the golf course upon surface water
resources, the development of the golf course, and all facilities
associated with the golf course, shall be in accordance with the
Ministry of the Environment and Energy’s Stormwater Management
Practices Planning and Design Manual, June 1994.
Policy 12.36
Notwithstanding other policies in this Plan, a church with a connection
to a municipal waterline is permitted on a site consisting of about 0.8
hectares (2 acres) and located between Old Martindale Road and
Martindale Road in the City of St. Catharines.
Policy 12.37
Notwithstanding other policies in this Plan, a church is permitted on a
site consisting of about 3 acres and located on Quaker Road to the
west of Rice Road in the City of Welland.
Policy 12.38
Notwithstanding other policies of this Plan, a concrete batching plant
is permitted on a site consisting of about 1.8 hectares (4.5 acres) and
located west of Davis Road and south of Old Thorold Stone Road in
the City of Thorold.
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Policy 12.39
Notwithstanding other policies in this Plan, a recreational club
containing up to 2,500 square feet of buildings is permitted on a site of
about 10 hectares (25 acres) at the northeast corner of Lundy’s Lane
and Townline Road in the City of Niagara Falls, with the buildings to
be located to the west of the Ministry of Transportation of Ontario’s
designated right-of-way, and the remainder of the site east of the
right-of-way to be used only for picnics.
Policy 12.40
Notwithstanding other policies in this Plan, a church is permitted with
municipal water and sanitary sewer services on a site of about 2.48
hectares (6 acres) located south of Fourth Avenue, east of Nineteenth
Street in part of Lot 18, Concession 4, in the former Township of
Louth now in the Town of Lincoln.
Policy 12.41
Notwithstanding other policies this Plan, a golf course with related golf
club facilities is permitted on a site of about 140 acres consisting of
parts of Lots 9, 10, 11 and 12, Concession 7, former Township of
Willoughby, City of Niagara Falls provided there is no development
within the Wetland, all tees and greens are outside the floodline for
Lyon’s Creek as registered by the Niagara Peninsula Conservation
Authority, all stormwater is collected and contained within the golf
course lands above the floodline, and water is not taken from Lyon’s
Creek for the operation of the golf course. A 15 metre naturally
vegetated buffer shall be established between the development and
Lyon’s Creek and the Wetland to be implemented through a restrictive
zoning designation.
Furthermore, stormwater management for the golf course shall be
designed in accordance with the Stormwater Management Practices
Planning and Design Manual, June 1994. All watertakings, including
the creation of ponds, in excess of 50,000 litres/day will require a
Permit to Take Water pursuant to the Ontario Water Resources Act.
The approval of any associated facilities such as a club house shall
be subject to the satisfaction of all requirements of the Regional
Public Health Department to ensure that all matters related to potable
water and sanitary sewage treatment are addressed.
Policy 12.42
Notwithstanding other policies and provisions in the Regional Policy
Plan to the contrary, a golf course expansion is permitted to the
existing Peninsula Lakes Golf Course on a 13.96 hectares (34.5
acres) site located on Part Lot 12, Concession 7, in the Town of
Pelham, west of Cream Street and south of Tice Road. No built
structures requiring private sewage treatment facilities are permitted
on the expansion site.
Policy 12.43
Notwithstanding other policies in this Plan, the following Non-Farm
Rural Areas and Service Commercial Areas are permitted on private
services subject to the more detailed descriptions and policies
contained in the Town of Niagara-on-the-Lake Official Plan.
(a) Non-farm Rural Areas on lands located on either side of Firelane 14
(McNab Road) north of Lakeshore Road and east of Eight Mile
Creek.
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(b) Lands on either side of Four Mile Creek Road, south of Lakeshore
Road and extending north and south of Wall Road.
(c) Lands located west of Four Mile Creek Road, south of Virgil and
north of Line 3.
(d) Lands located north of Queenston on either side of the Niagara
Parkway to a point just north of Line 8, (Crysler Road).
(e) Lands generally north and south of Queenston Road between the
Glendale Urban Area east to St. David’s and including lands
located west of Concession 7 Road, south of Queenston Road.
(f) Lands located in the Homer area north of Niagara Stone Road
(Regional Road 55) and south of Eastchester Road, and
(g) Service Commercial Areas on lands located west of the Glendale
Urban Area between Queenston Road and the QEW, and
(h) Lands located west of St. David’s on the north side of Regional
Road 81.
Policy 12.44
Notwithstanding other policies in this Plan, airport uses and commercial
uses as set out in the Niagara-on-the-Lake Official Plan are permitted
on the Niagara District Airport property as designated in the Niagaraon-the-Lake Official Plan.
Policy 12.45
Notwithstanding other policies and provisions in the Regional Policy
Plan to the contrary, a recreation/meeting hall and kitchen facility with a
maximum total size of 3100 square feet is permitted on a site of about
10 hectares (25 acres) located on the northeast corner of Lundy’s Lane
and Townline Road in the City of Niagara Falls. Any buildings must be
located to the west of the Ministry of Transportation of Ontario
designated right-of-way for the Highway 20 By-pass and the remainder
of the site east of the right-of-way used only for picnics. Furthermore,
no development shall take place within the registered floodplain area of
Beaverdams Creek. The entrance to the development must be
relocated to the south in a location satisfactory to the Regional Public
Works Department and to the Ministry of Transportation when the
highway is constructed. Use of the recreation hall will be limited to 100
seated persons. The number 100 is based on the capacity of the
existing private septic system. If an expanded system is approved by
the Regional Public Health Department, then the number of persons
can be increased to the capacity of the expanded system.
Policy 12.46
Notwithstanding other policies in this Plan, a golf course is permitted on
a site consisting of approximately 35 hectares (87 acres) located on the
north side of River Road, west of South Pelham Road in the City of
Welland.
Policy 12.47
Notwithstanding other policies in this Plan, a golf course and driving
range is permitted on a site consisting of about 16.2 hectares (40
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acres) located on part of Lot 121 in the former Thorold Township now in
the City of Thorold, north of Regional Road 20.
Policy 12.48
Notwithstanding other policies and provisions in the Regional Policy
Plan to the contrary, Phase 1 of a Township of West Lincoln
Leisureplex consisting of approximately 16 hectares (39.5 acres) and
located on the northeast corner of Regional Road 14 and south
Grimsby Road 6, west of Smithville in the Township of West Lincoln is
permitted. The Leisureplex consists of a variety of active and passive
recreational uses as further defined in the Township of West Lincoln
Official Plan and Zoning By-law for the site.
Policy 12.49
Notwithstanding other policies in this Plan, an expansion to the
existing Country Lane Golf Course is permitted on an approximately
19.5 hectare (48 acre) site located on the east side of Sherk Road,
south of Second Concession Road, on Part Lot 12, Concession 2 in
the City of Port Colborne.
Policy 12.50
Notwithstanding other policies in this Plan, the following Highway
Commercial and Rural Clusters are permitted on private services
subject to the more detailed descriptions in the Township of West
Lincoln Zoning By-law and the policies contained in the Township of
West Lincoln Official Plan:
x
A Rural Cluster located on the north and south sides of
Regional Road 65 midway between Abingdon and Plazek Auto
Recyclers Limited.
x
A Rural Cluster east of Boyle along Canborough Road near
Vineland Townline Road (Regional Road 24) and a portion of
the west side of Vineland Townline Road (Regional Road 24)
near Canborough Road.
x
A Rural Cluster situated along Regional Road 12 (Grimsby
Road) north of Regional Road 20 and the Highway
Commercial designation. On the west side of Regional Road
12, the Cluster extends to the Hydro corridor. On the east side
of Regional Road 12, the Cluster extends north of the Highway
Commercial designation to the last of a group of three
dwellings south of the livestock barns.
x
A Highway Commercial designation located north of Regional
Road 20 at Regional Road 12 and south of the Rural Cluster.
x
A Rural Cluster (Kimbo) located along Regional Road 20 east
and west of South Grimsby Road 10.
x
A Highway Commercial designation located south of Regional
Road 20 at South Grimsby Road 10 at the centre of the Kimbo
Rural Cluster.
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IMPLEMENTATION
A Rural Cluster designation located on the east side of
Westbrook Road and south of Regional Road 65 in the
Township of West Lincoln.
Policy 12.51
Notwithstanding the provisions of Section 6, Agriculture and Rural
Areas Policies in the Regional Policy Plan, a soccer and slo-pitch
sport and recreation facility with connections to municipal water and
sanitary sewage services is permitted on a 37 hectare (92-acre) site
located west of the former Mountain Road Landfill, east of Mewburn
Road and south of the CNR line in the City of Niagara Falls.
Policy 12.52
Notwithstanding other policies in this Plan, a seniors’ long-term care
facility is permitted on municipal services outside the Provincially
Significant Draper’s Creek Wetland on lands of about 1 hectare (2.5
acres), being part of Lot 1, Concession 10 in the former Township of
Pelham and located on the west side of South Pelham Road in the
Town of Pelham immediately north of the Pelham-Welland municipal
boundary.
Policy 12.53
Notwithstanding other policies in this Policy, a municipal fire station is
permitted on a site consisting of approximately 0.6 hectares (1.4
acres) and located on the south side of R.R. 55 (Niagara Stone
Road), west of Concession 6 Road and north of Line 3 Road in the
Town of Niagara-on-the-Lake. Furthermore, the fire station is to be
connected to piped municipal water and sanitary sewer facilities.
Policy 12.54
Notwithstanding the provisions of Section 6, Agriculture and Rural
Areas Policies in the Regional Policy Plan, a church is permitted on
private water and private sewage treatment services on a 4.03 ha (10acre) site located east of First Street Louth, north of Rykert Street,
and west of a Hydro right-of-way in the City of St. Catharines.
Policy 12.55
Notwithstanding other policies in this Plan, a tent rental service is
permitted on a site consisting of about 0.9 hectares (2.3 acres) and
located on part of Lot 15, Concession 8 in the former Township of
Pelham, now in the Town of Pelham, on the east side of Maple Street
south of Regional Road 20.
Policy 12.56
Notwithstanding other policies in this Plan, a golf course and a golf
practice area are permitted on a 79 hectare (195 acre) site located on
the south side of Grassy Brook Road, on parts of Lots 5 and 6, BF
Concession in the former Township of Crowland, now in the City of
Niagara Falls.
Policy 12.57
The Region as the approval authority for local official plans may
exempt some local official plan amendments from Regional approval.
Local official plan amendments to be considered for exemption will be
of local interest only, not extensive or comprehensive in nature and
not involving a change to the municipality’s urban area boundaries.
Only those amendments which satisfy the following criteria are eligible
for exemption:
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x
The amendment must be site specific and/or minor in size and
nature,
x
The amendment conforms to the Regional Policy Plan and has
regard to the Provincial Policy Statement,
x
The amendment does not impact on any adjacent municipality
or conflict with the Niagara Escarpment Plan, and does not
require new Regional financing or servicing,
x
The amendment complies with the Region’s financial and
servicing strategy,
x
The amendment incorporates any concerns or modifications
recommended by the Region to address Regional or Provincial
concerns, and
x
Any subsequent changes made to the local official plan
amendment by the local Council in adopting the amendment do
not conflict with the Regional Policy Plan or previous
requirements by the Region.
All amendments will be subject to preconsultation with the Region and
subsequently submitted to the Region in draft form with supporting
information in sufficient time to allow consideration and possible
exemption based on the criteria set out above.
Policy 12.58
Notwithstanding other policies in this Plan, a golf practice facility is
permitted on a site consisting of about 9.3 hectares (23 acres) and
located on part of Lot 4, Concession 7 in the former Township of
Pelham, now in the Town of Pelham, south of Tice Road and west of
Lookout Street. The severance of two existing dwellings from the
property is also permitted.
Policy 12.59
Notwithstanding other policies in this Plan, a golf course, driving range
and accessory facilities are permitted on a site consisting of about
64.9 hectares (160 acres) located on part of Lots 19 and 20, and part
of the road allowance between Lots 19 and 20, Concession 3, in the
former Township of Pelham, now in the Town of Pelham, on the east
side of Regional Road 24.
Policy 12.60
Notwithstanding the provisions of Section 6, Agriculture and Rural
Areas Policies in the Regional Policy Plan, an expansion to an
existing community sports park, (Fenwick Centennial Park) consisting
of about 10.2 hectares (25.3 acres) is permitted on a site located east
of the existing park at 999 Church Street in the community of Fenwick
in the Town of Pelham.
Policy 12.61
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas Policies in the Regional Policy Plan, a church is permitted on a
site located on the west side of Woolverton Road, north of the
community of Grassie in the Town of Grimsby. The Town of Grimsby
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IMPLEMENTATION
through its Official Plan should restrict the designation of the site to
only those lands required for the church and a modest playing field in
order to encourage as much of the remaining property as possible to
be used for agricultural purposes.
Policy 12.62
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas, a church with a rectory is permitted on a site located east of
Boyle Road and north of Canboro Road, in the Township of West
Lincoln. Only those portions of the overall property required for the
church, parking, stormwater management and a rectory should be
designated in the Township of West Lincoln Official Plan in order to
encourage as much of the remaining property as possible to be used
for agricultural purposes.
Policy 12.63
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas Policies in the Regional Policy Plan, a 21-bedroom inn and a
40-seat restaurant in an existing building in combination with a
minimum of 12 acres of vinifera grapes, are permitted on a 6.8hectare (16.76-acre) site located at 16104 Niagara River Parkway,
south of John Street in the Town of Niagara-on-the-Lake. Vehicular
access to the site is to be provided from John Street only.
Policy 12.64
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas Policies in the Regional Policy Plan, a golf course is permitted
on a site located on a 22 hectare (54.4 acre) parcel located west of
Morris Road, south of Grassy Brook Road and north of Biggar Road in
the City of Niagara Falls. No portion of the golf course is permitted
within the woodland on the site or within a natural buffer area at least
15 metres on either side of the top of the bank of Grassy Brook Creek
and Lyon’s Creek.
Policy 12.65
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas, several mini soccer fields extending no more than 45 metres
west of the Urban Area Boundary into the 60 metre hydro corridor are
permitted on a site located immediately west of the Club Roma
property on Vansickle Road in the City of St. Catharines.
Policy 12.66
Notwithstanding the land use provisions of Section 6, Agriculture and
Rural Areas Policies in the Regional Policy Plan, a contractor’s shop
and yard with ancillary offices in a “Good General Agricultural Area” is
permitted. The 1.1 hectare (2.72 acre) site is located at the northeast
corner of McKenney Road and Biggar Road, in the City of Niagara
Falls, Part of Lot 8, and Concession Broken Front.
Policy 12.67
Notwithstanding the land use policies contained in Section 6
Agriculture and Rural Areas in the Regional Policy Plan, a 9 hole
expansion to the existing Sparrow Lakes Golf Course is permitted on
about a 24 hectare (60 acre) site located to the west of the existing
course on two parcels to the north and south of River Road on part
Lot 2 Concession 14 and part of the road allowance between Lots 1
and 2, Concession 14 in the Town of Pelham. The golf course
development is not permitted in the wooded area found on that portion
of the northern parcel north of River Road.
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Policy 12.68
Notwithstanding the provisions contained in Policy 6.A.9.1 in the
Regional Policy Plan, a consent to sever about a 1.35 acre residential
infilling lot located at 3756 Bertie Street in the Town of Fort Erie is
permitted.
Policy 12.69
Notwithstanding the land use provisions of Section 6, Agriculture and
Rural Areas Policies in the Regional Policy Plan, wind turbines are
permitted on three (3) sites, with no more than 3 wind turbines per
site, to a total of no more than eight (8), with each wind turbine taking
approximately an acre of land in the Township of Wainfleet. The first
site of approximately 140 hectares (346 acres) is between Braun
Road and Station Road (Regional Road 3), north of Lakeshore Road
and south of the abandoned CN Rail line. The second site of
approximately 126 hectares (311 acres) is between the Regional
boundary and Burkett Road, south of the Welland Feeder Canal and
north of Lakeshore Road. Site C of approximately 60 hectares (148
acres), divided by Concession 1 Road, is between Minor Road and
Burkett Road, north of the abandoned CNR railway with a northern
portion one concession north within the western half of Lot 28.
Policy 12.70
Notwithstanding the land use provisions of Section 6, Agriculture and
Rural Areas Policies in the Regional Policy Plan, an agriculturallyrelated manufacturing operation, with an expansion of approximately
1,800 square metres to an existing 4,645 square metre industrial
operation in a “Good General Agricultural Area” is permitted on a 3
hectare (7.6 acre) site with a frontage of 253 metres and a depth of
122 metres, located at 7793 Young Street on the north side of the
road in the Township of West Lincoln, Part of Lot 13 & 14 in Gore A.
Policy 12.71
Notwithstanding the provisions of Section 6, Agricultural and Rural
Areas Policies in the Regional Policy Plan, the Zooz theme park is
permitted on approximately 116 hectares (288 acres) of land located
on the west side of Regional Road 116 (Stevensville Road), north of
the former CP rail line east of House Road and south of College Road
in the Town of Fort Erie. The subject lands are generally illustrated on
the Protected Area Map (below). Development on these lands may
connect into existing municipal sewer and water systems subject to
the approval of the Region and the Town of Fort Erie. No
development shall be permitted within the environmental areas to be
protected as shown on the Protected Area Map (below).
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