HomeMy WebLinkAboutPD-99-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PROV -POLWA
REPORT
Meeting:
General Purpose and Administration Committee File # �c' ` C' o
Date: Tuesday, July 2, 1996 Res. # _ e) /_ 9
Report #: PD -99 -96 File #: PLN 1.1.5 By -law #
Subject: PROVINCIAL POLICY STATEMENTS
FILE: PLN 1.1.5
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -99 -96 be received for information.
1. BACKGROUND
1.1 In January 1996, the Province released a draft Provincial Policy Statement
(PPS), with a request for comments to be submitted by March 4th, 1996.
Council provided the Municipality's comments on the draft Policy
Statement through their consideration of Staff Report PD -26 -96 (February
19, 1996 GPA).
1.2 The PPS came into effect on May 22, 1996 concurrently with the
proclamation of those parts of Bill 20 dealing with the Planning Act. It
replaces the Comprehensive Set of Policy Statements (CSPS) issued by
the previous government in conjunction with Bill 163. The Provincial
Government has indicated that Implementation Guidelines for the PPS will
not be issued. A copy of the approved Provincial Policy Statement is
attached to this report (Attachment No. 1).
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REPORT NO. PD -99 -96 PAGE 2
1.3 The purpose of this Report is to provide Committee and Council an
overview of the new Provincial Policy Statement, with a particular focus on
the concerns identified by Council through Report PD- 26 -96.
2. OVERVIEW AND COMMENTS ON APPROVED PROVINCIAL POLICY
STATEMENT
2.1 General
2.1.1 In general, the approved Policy Statement is very similar in tone and
content to the draft PPS. The PPS is much shorter, less detailed and much
less prescriptive than the CSPS. The PPS sets minimum standards, which
planning authorities are permitted to exceed. However, this approach
places a greater onus on municipalities to justify any policies which are
more restrictive than these minimum standards. As well, under Bill 20,
planning authorities are only required to have regard to the PPS in making
decisions on land use planning matters, in contrast to Bill 163 which
required that decisions on planning matters be consistent with the CSPS.
2.1.2 Council noted, through their consideration of Report PD- 26 -96, that the
approach of the PPS may permit planning for Clarington to be more
flexible and responsive to the specific needs of the community, but that it
may also result in fragmented planning not in the long term public interest
of the Province. Given that the approach of the CSPS remains essentially
unchanged, Council's concern would appear to still be valid.
2.1.3 The structure of the draft Policy Statement has also been carried forward
to the approved PPS. The policy sections are prefaced with the three
following principles: managing change and promoting efficient
development and land use patterns; protecting resources for their
economic and environmental benefits; and directing development away
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REPORT NO. PD -99 -96 PAGE 3
from hazardous areas. The policies of the PPS are grouped as follows;
Efficient, Cost - Effective Development and Land Use Patterns
Resources
Public Health and Safety
Implementation /Interpretation.
Each of these specific policy groups is discussed below.
2.2 Efficient, Cost - Effective Development and Land Use Patterns
2.2.1 This section of the PPS contains policies relating to developing strong
communities, housing, and infrastructure.
2.2.2 Developing Strong Communities
2.2.2.1 The approved Policy Statement maintains the emphasis of the CSPS on
cost - effective development patterns, although the PPS places more
emphasis on providing the infrastructure necessary for long term growth.
Urban areas and rural settlements are to continue as the focus of
concentrated growth, and growth is to be directed away from prime
agricultural areas where possible. The approved PPS reinstates the
support provided in the CSPS for the well -being of main streets and
downtowns. This policy had been replaced in the draft PPS with support
for preserving the vitality of existing commercial areas.
2.2.2.2 A significant change in the PPS, from both the CSPS and the draft PPS, is
that upper and lower tier municipalities in the Greater Toronto Area are
now permitted to use a planning horizon longer than 20 years. As well, the
approved PPS states that development and land use patterns that would
hinder the efficient expansion of settlement areas are not permitted.
However, the approved PPS has not reinstated the provision in the CSPS
which recognizes the linkages between social and human service needs
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REPORT NO. PD-99-96 PAGE 4
and land use planning. Rather, the PPS maintains the emphasis apparent
in the draft PPS on "hard" infrastructure.
2.2.2.3 Council recommended to the Province, through their consideration of
Report PD- 26 -93, that the PPS should specifically encourage settlements
to adopt a more compact form and a mix of land uses. Council also
recommended that the PPS should balance the emphasis on hard
infrastructure with the need to supply soft services. Neither of these
concerns has been addressed in the approved Policy Statement. However,
the PPS does address Council's comment that the focus on preserving
commercial areas should be shifted back to downtowns and main streets.
2.2.2.4 Of particular significance to Clarington is the longer planning time horizon
permitted for all municipalities in the GTA. The Clarington Official Plan and
the Durham Region Official Plan, both prepared in the context of the CSPS,
are currently restricted to a 20 year and 30 year planning horizon
respectively.
2.2.3 Housing
2.2.3.1 The approved Policy Statement, as with the draft PPS, maintains the
policies of the CSPS which require that municipalities maintain at least a
10 year supply of land designated for new residential development or
residential intensification, and a 3 year supply of draft - approved or
registered residential units.
2.2.3.2 As with the draft Policy Statement, the approved PPS has not maintained
the policies of the CSPS relating to the provision of affordable housing.
Rather, a full range of housing types and densities to meet the current and
future projected demographic and market requirements is to be provided
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for. Residential intensification and housing forms and densities designed
to be affordable are encouraged. No definition of affordable housing is
provided, nor are municipalities required to meet any minimum targets of
affordable housing. Cost - effective development standards for new
residential development and redevelopment are to be established to
reduce the cost of housing.
2.2.3.3 Council, through their consideration of Report PD- 26 -96, indicated general
support for the new housing policies. However, Council did express
concern with the vagueness of the term "cost- effective development
standards ", noting that it could be applied to a wide range of municipal
services and infrastructure and would not necessarily translate into lower
housing prices. Council recommended that the PPS be revised to indicate
that the appropriateness of reduced development standards should be at
the discretion of the municipality. Staff note that Council's concerns on
this matter have not been addressed in the approved PPS.
2.2.4 Infrastructure
2.2.4.1 The approved Policy Statement maintains the emphasis of the CSPS and
the draft PPS on full municipal sewage and water services for urban
development. The CSPS provided for development in rural settlements to
be serviced by either public communal systems or individual on -site
systems. In contrast, the draft and approved PPS indicate communal
services as the preferred means of servicing multiple lot /unit developments
in rural areas. However, while the draft PPS required communal services
to be public, the approved PPS has removed this requirement. Rather,
communal services may be owned, operated and managed by a
municipality, another public body, or a condominium corporation or single
owner subject to an agreement with the municipality providing for
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REPORT NO. PD -99 -96 PAGE 6
municipal /public body assumption in the event of default.
2.2.4.2 Council, in their comments on the draft Policy Statements, supported the
principle of communal sewer and water services for rural settlement areas,
but noted the potential financial implications for the responsible municipal
body related to construction, maintenance and liability. Council
recommended that the PPS specifically permit municipal authorities to
assess both technical and financial considerations when determining the
feasibility of communal services. Staff note that this latter concern has not
been addressed. As well, even with the alternative arrangements for
ownership, maintenance and management of communal systems provided
for by the PPS, the appropriate public body must still assume some
responsibility for the system by virtue of the required agreement. Staff note
that the Region is currently considering the initiation of a study to examine
the feasibility of communal services in rural areas.
2.2.4.3 There is a sharp difference in emphasis between the treatment of waste
management systems in the CSPS and the draft and approved Policy
Statement. The CSPS addressed waste management in the context of
conservation, with an emphasis on the 3Rs, while the PPS deals with waste
management systems as part of the infrastructure necessary to support
present and future economic growth.
2.2.4.4 Both the draft and approved Policy Statement require waste management
systems to be located and designed in accordance with provincial
standards and legislation. However, there are also important differences
between the draft and the approved Policy Statement. While the draft PPS
required waste management systems to be provided that are "sufficiently
large ", the approved PPS refers instead to an "appropriate size ". As well,
REPORT .D ...6 PAGE 7
the draft PPS indicated present and future waste management
requirements were to be identified by the municipality; this requirement is
not included in the approved PPS. Finally, unlike the draft PPS, the
approved PPS provides a definition of waste management system, as
follows: "sites and facilities to accommodate solid waste from one or more
municipalities and includes landfill sites, recycling facilities, transfer
stations, processing sites and hazardous waste depots ".
2.2.4.5 Council previously indicated their support to the emphasis given in the
CSPS to the 3Rs. Council also expressed a concern that the reference to
size and location in the draft PPS emphasized single large waste
management sites, including waste disposal sites, rather than a waste
management system composed of many smaller elements, such as small
recycling centres and composting sites. Staff note that Council's concerns
with respect to waste management have generally not been addressed in
the approved PPS, although the definition provided does emphasize the
many elements that make up a waste management system, thereby
reducing the emphasize on single large waste management facilities.
2.3 Resources
2.3.1 This section of the PPS contains policies relating to agriculture, mineral
resources, natural heritage, water quality and quantity, and cultural heritage
and archaeological resources.
2.3.2 Agricultural Policies
2.3.2.1 The CSPS, the draft PPS and the approved PPS documents all indicate
prime agricultural areas will be protected for agricultural uses, secondary
agricultural uses and agriculture - related uses. Lots may be created in the
prime agricultural area for a number of limited uses, including farm
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REPORT NO. PD -99 -96 PAGE 8
retirement lots, surplus dwellings and residential infilling.
2.3.2.2 The approved PPS has reinstated a number of policies from the CSPS
which the draft PPS had proposed to delete or change. With respect to lot
creation in the prime agricultural area, the draft PPS had used the term
"may be permitted ". This has been replaced in the approved PPS with the
term "is generally discouraged ", which reflects the language of the CSPS.
As well, both the approved PPS and the CSPS permit prime agricultural
areas to be identified through an alternative land evaluation system
approved by the Province. The draft PPS had proposed the deletion of
this latter provision. The reinstatement of this provision in the approved
PPS addresses a specific concern expressed by Council through Report
PD- 26 -96.
2.3.2.3 The approved PPS also includes new policies not found in either the draft
PPS or the CSPS which help to deter the introduction of non - agricultural
uses into prime agricultural areas. Specifically, the approved PPS states
that agriculture - related uses in prime agricultural areas shall be small - scale,
and that proposed new secondary and agriculture - related uses will be
compatible with, and not hinder, surrounding agricultural operations.
2.3.2.4 However, the approved PPS, like the draft PPS, would permit lands to be
excluded from prime agricultural areas subject to certain criteria. A new
provision in the approved PPS would permit land to be excluded for the
extraction of mineral resources. Council had previously expressed a
concern with allowing lands to be excluded from the prime agricultural
area, noting that it significantly weakens the protection of these areas
provided in the CSPS.
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REPORT NO. PD -99 -96 PAGE 9
2.3.3 Mineral Resources: Mineral Aggregates, Minerals, Petroleum
Resources
2.3.3.1 The draft PPS proposed to considerably increase the level of protection
provided mineral aggregate producers over that provided in the CSPS. As
discussed below, the approved Policy Statement has not only retained the
policies of the draft PPS, but has generally strengthened the protection
provided mineral aggregates.
2.3.3.2 The CSPS confined its protection to the actual mineral aggregate resource
and legally existing pits and quarries. In contrast, the draft and approved
PPS protects mineral resource operations from activities that would
preclude their expansion or continued use. The definition of 'mineral
aggregate operation' in the PPS includes the licensed lands as well as
"associated facilities used in the extraction, transport, beneficiation,
processing or production of secondary related products."
2.3.3.3 Council previously indicated, through Report PD- 26 -96, that they preferred
the approach used in the CSPS which requires official plans to identify and
protect mineral aggregate resources. Council's concern that the PPS
would provide mineral aggregate producers with a unjustifiable level of
protection still remains very valid.
2.3.3.4 Council also expressed a concern with the definition of 'mineral aggregate
operation' in the draft PPS, noting that it is difficult to justify extending the
protection provided the actual extraction operation to associated facilities
used for the transport, processing or production of secondary related
products. Council also questioned the inclusion of the term 'beneficiation',
noting that the inclusion of such a vague and ill- defined term in the PPS
was inappropriate. Staff note that the definition brought forward to the
REPORT NO. PD-99-96 PAGE 10
approved PPS remains virtually unchanged from that in the draft PPS.
2.3.3.5 The approved PPS requires as much of the mineral aggregate as is
realistically possible to be made available to supply mineral resource
needs, as close to markets as possible. The provision in both the draft
PPS and the CSPS which provided for the protection of mineral aggregate
resources to be considered in the context of other planning objectives has
been deleted.
2.3.3.6 Council, in their comments on the draft PPS, noted that the proposed
policies would interfere with the ability of individual municipalities to make
locally responsive decisions regarding aggregate extraction. Council
expressed particular concern with the term 'as close to markets as
possible'. Staff note that Council's concerns with this policy not been
addressed in the approved PPS. Staff are further concerned with the
deletion of the provision which balanced the protection of mineral
aggregate resources with other planning objectives.
2.3.3.7 One concern previously expressed by Council regarding the draft PPS has
been addressed. The CSPS stated that non - aggregate land uses or
development may be permitted in areas of mineral aggregate resources
where the proposed use serves a greater long term interest of the general
public. The draft PPS proposed to change the wording to provincial
interest. Council expressed the concern that the requirement to prove
provincial interest would place an unreasonable burden of proof on the
municipality, and also that the proposed policy would be contrary to the
philosophy of local empowerment. Staff note that the approved PPS has
reinstated the language used in the CSPS.
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REPORT NO. PD -99 -96 PAGE 11
2.3.4 Natural Heritage and Water Quality and Quantity
2.3.4.1 The policies of the approved PPS remain essentially unchanged from those
proposed in the draft PPS. The PPS provides for the quality and quantity
of ground water and surface water and the function of sensitive ground
water recharge /discharge areas, aquifers and headwaters to be maintained
or enhanced. This is similar in intent to the policies of the CSPS.
2.3.4.2 The PPS differs from the CSPS in the emphasis that it places on the
protection of the natural environment. The CSPS provided for development
to be prohibited in a wide range of significant natural features and areas,
including significant stream corridors, Areas of Natural and Scientific
Interest, significant wildlife habitat, the significant portion of the habitat of
endangered and threatened species, and provincially significant wetlands.
The PPS would only permit development to be prohibited in these latter
two areas. Development would also be permitted in and adjacent to other
significant natural features and areas if there is no negative impact on the
natural feature or its ecological functions. However, this latter policy would
not apply to existing agricultural uses.
2.3.4.3 Council did not express any specific concerns with the natural heritage
policies of the draft PPS, although they did note that the emphasis has
shifted away from the ecosystem approach apparent in the CSPS to the
protection of individual features and areas and their ecological functions.
2.3.5 Cultural Heritage and Archaeological Resources
2.3.5.1 The policies of the draft PPS regarding cultural and archaeological
resources have been carried forward to the approved PPS, and are similar
in intent to those of the CSPS. These policies provide for significant built
heritage resources and cultural heritage landscapes to be conserved.
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REPORT NO. PD -99 -96 PAGE 12
Development may be permitted on lands containing archaeological
resources or areas of archaeological potential if significant archaeological
resources have been conserved by removal and documentation, or
preservation on site. Council did not previously express any concerns with
these policies.
2.3.6 Public Health and Safety
2.3.6.1 The policies of the approved PPS with regard to public health and safety
are virtually unchanged from those proposed in the draft PPS. The PPS,
like the CSPS, generally directs development away from lands adjacent to
Lake Ontario which are subject to flooding, erosion, and /or dynamic beach
hazards. Both Policy Statements also permit limited development to occur
on lands susceptible to erosion and flooding subject to a number of
conditions, such as ensuring safe passage for vehicles and people during
emergencies. However, the PPS differs from the CSPS in that it would
permit development within certain areas of a dynamic beach, while the
CSPS prohibits development anywhere within a dynamic beach.
2.3.6.2 The PPS is also similar to the CSPS in that it generally directs development
away from lands adjacent to stream corridors which are subject to flooding
and erosion hazards. Both also prohibit development within the floodway
(inner portion of a floodplain). However, while the CSPS provided for the
application of a one zone (no development) or two zone (limited
development) floodplain, the PPS does not provide for a zonal concept for
floodplains. Rather, it would permit development in a floodplain provided
a number of conditions are met.
2.3.6.3 Council previously indicated that they preferred the approach of the CSPS
which prohibits development within all areas identified as a dynamic beach.
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REPORT NO. PD -99 -96 PAGE 13
Council also recommended to the Province that the PPS be reworded to
permit the application of the zonal concept to floodplains. Neither of
Council's concerns were addressed in the approved Policy Statements.
2.4 Implementation /Interpretation
2.4.1 The intent of the policies in the approved PPS are essentially the same as
those proposed in the draft PPS. The PPS, like the CSPS, requires all
applicable provincial policies to be integrated into official plans and to be
applied to applications submitted under the Planning Act. As discussed
earlier, the PPS would only require planning authorities to have regard for
the policy statements.
3. CONCLUSION
3.1 The PPS applies to all new development applications, as well as
applications commenced on or after March 28, 1995 on which no decision
had been made by May 22, 1996. As such, Staff will be evaluating
development applications under either the Provincial Policy Statement
issued under Bill 20 or the Policy Statements issued under the pre -Bill 163
Planning Act, depending on when the application was submitted.
3.2 Staff further note that the Clarington Official Plan was prepared and
adopted by Council in the context of the Comprehensive Set of Policy
Statements. However, although the Plan was submitted to the Region for
approval on February 7, 1996, it is not subject to the new PPS. Transition
policies issued by the Province require the Region as approval authority
and the Ontario Municipal Board to consider the Clarington Official Plan in
the context of the Comprehensive Policy Statements issued under Bill 163.
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REPORT NO. PD -99 -96 PAGE 14
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P., W. H. tockwell
Director of Planning Chief Administrative
and Development Officer
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Attachment # 1 - Approved Provincial Policy Statements.
June 19, 1996
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530
PROVINCIAL POLICY STATEMENT
Table of Contents
IPREAMBLE ........................................................................................................ ..............................1
IIPRINCIPLES ...................................................................................................... ..............................1
IIIPOLICIES .......................................................................................................... ...................I........... 2
1. Efficient, cost - effective development and land use patterns ......................... ............................... 2
1.1
Developing strong communities ............................... 2
............................................................
1.2
Housing ..................................................................................................... ..............................4
1.3
Infrastructure ....:...................................................................................... ............................... 4
2. Resources .............................................. ............................... ......................:.... ............................... 6
2.1 Agricultural Policies ........... :...................................................................................................... 6
2.2 Mineral Resources ................:.................................................................. ............................... 7
2.3 Natural Heritage ............................................. : ......................................................... :............... 8
2.4 Water quality and quantity ................ .................................... ................................................ 9
2.5 Cultural Heritage and Archaeological Resources .................................. ............................... 9
3. Public Health and Safety .................................................................................. .............................10
3.1 Natural Hazards ...................................................................................... .............................10
3.2 Duman -made Hazards ............................................................................ .............................10
IV IMPLEMENTATION/ INTERPRETATION :................................................... .............................11
FIGURE.......................................................:..................................................... .............................12
DEFINITIONS.................................................................................................. .............................13
Approved by the Lieutenant Governor in Council,
Order in Council No. 764 -96.
This Provincial Policy Statement
was issued under Section 3 of the Planning Act and came into effect on May 22, 1996.
It replaces the Comprehensive Set of Policy Statements.
Italicized terms are defined in the Definitions section. For other terms, the normal meaning of the words
applies. In certain cases, terms are italicized only in specific policies. For these'terms, the defined
meaning applies where they are italicized and the normal meaning applies where they are not italicized.
531
PROVINCIAL POLICY STATEMENT
PREAMBLE
This Policy Statement is issued under the authority of Section 3 of the Planning Act. It provides
policy direction on matters of provincial interest related to land use planning and development.
The policies focus on the key provincial interests related to land use planning. These policies
will be complemented by locally- generated policies regarding matters of local interest.
Section 3 of the Planning Act requires that, in exercising any authority that affects planning
matters, planning authorities "shall have regard to" policy statements issued under the Act.
The Policy Statement is intended to promote a policy -led system which recognizes that there are
complex inter - relationships among environmental, economic and social factors in land use
planning.
A healthy economy is vital to Ontario's ongoing prosperity. Wisely managed growth can result
in communities which are economically and environmentally sound, and which meet the full
range of needs of their current and future residents.. Doing things right the first time can avoid
the need for costly remedial measures to correct problems.
The '
Provinces resources - its agricultural land base, mineral resources, natural heritage
resources, water supply and cultural heritage resources - provide economic, environmental and
social benefits. The wise use and protection of these resources over the long term is a key
1 provincial interest.
Equally, the Province has an interest in protecting he long term health and safety of the
g g y
population, and the financial and economic well -being of the Province and municipalities.
II PRINOPLB
Ontario's long term economic prosperity, environmental'health and social well -being
depend on:
1. managing change and promoting efficient, cost - effective development and land use
patterns which stimulate economic growth and protect the environment and public health;
2. protecting resources for their economic use and /or environmental benefits; and
3. reducing the potential for public cost or risk to Ontario's residents by directing
development away from areas where there is a risk to public health or safety or of property
damage.
532
. „ ....... Y V ................... PROVINCIAL POLICY STATEMENT
III POLICI ES
It is the policy of the Province of Ontario that:
[1]. Efficient, Cost - effective Development and land Use Patterns
1.1 Developing Strong Communities
1.1.1 Subject to the provisions of policy 1.1.2, cost - effective development patterns will be
promoted. Accordingly: I
a) Urban areas and rural settlement areas (cities, towns, villages and hamlets) will be the focus of
growth;
b) Rural areas will generally be the focus of resource activity, resource -based recreational activity
and other rural land uses;
c) Urban areas and rural settlement areas will be expanded only where existing designated areas t
in the municipality do not have sufficient land supply to accommodate the growth projected
for the municipality. Land requirements will be determined in accordance with policy 1.1.2.
The policies of Section 2: Resources, and Section 3: Public Health and Safety will be applied in
the determination of the most appropriate direction for expansions. Expansions into prime
agricultural areas are permitted only where: f
1. there are no.reasonable alternatives which avoid prime agricultural areas, and
2. there are no reasonable alternatives with lower priority agricultural lands in the prime
agricultural area;
d) Development and land use patterns that would hinder the efficient.expansion of urban areas
or rural settlement areas are not permitted in adjacent areas;
e) A coordinated approach should be achieved when dealing with issues which cross municipal
boundaries, including:
1. infrastructure and public service facilities,
2. ecosystem and watershed related issues;
3. shoreline and riverine hazards; and
4. housing and employment projections, based on housing market areas.
Where upper tier planning takes place, projections for municipalities will be coordinated and
allocated by upper tier governments, in consultation with-lower tier governments;
f) Development and land use patterns which may cause environmental or public health and
safety concerns will be avoided; and
g) In territory without municipal organization, the focus of development activity will be r
resource activities and resource -based recreational activities, with the following restrictions: !
1. The establishment of new permanent townsites is not permitted; and
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PROVINCIAL POLKY STATEMENT
2. Development other than resource activity and resource -based recreational activity will be
restricted in the area adjacent to and surrounding municipalities unless:
• the area forms part of a planning area; and
• it has been determined, as part of a comprehensive planning exercise, that the impacts
of growth will not place an undue strain on the public service facilities and infrastructure
of the adjacent municipality.
1.1.2 Land requirements and land use patterns will be based on:
a) the provision of sufficient land for industrial, commercial, residential, recreational, open
space and institutional uses to promote. employment opportunities, and for an appropriate
. range and mix of housing, to accommodate growth projected for a time horizon of up to 20
years.-(However, where a longer time period has been established for specific areas of the
Province as a result of a comprehensive provincial planning exercise, such as that coordinated
by the Province in the Greater Toronto Area, that time frame may be used for upper and lower
tier municipalities within the area);
b) densities which:
•� 1. efficiently use land, resources, infrastructure and public service facilities,
2. avoid the need for unnecessary and /or uneconomical expansion of infrastructure,
3: support the use of public transit, in areas where it exists-or is to be developed;
4. are appropriate to the type of sewage and water systems which are planned or available; and
5. take into account the applicable policies of Section 2: Resources, and Section 3: Public
Health and Safety;
c) the provision of a range of uses in areas which have existing or planned infrastructure to
accommodate them;
d) development standards which are cost effective and which will minimize land consumption
and reduce servicing costs; and
e) providing opportunities for redevelopment, intensification and revitalization in areas that
have sufficient existing or planned infrastructure.
1. 1.3 Long term economic prosperity will be supported by:
a) making provisions such that infrastructure and public service facilities will be available to
accommodate projected growth;
b) providing a supply of land to meet long term requirements, in accordance with policy 1.1.2;
C) providing for an efficient, cost - effective, reliable, multi -modal transportation system that is
integrated with adjacent systems and those of other jurisdictions and is appropriate to address
expected growth;
d) conserving energy and water by providing for energy and water efficiency;
e) maintaining the well -being of downtowns and mainstreets;
f) optimizing the long -term availability and the use of agricultural and other resources; and
g) planning so that major facilities (such as airports, transportation corridors, sewage treatment
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PROVINCIAL POLICY STATEMENT
facilities, waste management systems, industries and aggregate activities) and sensitive land
uses are appropriately designed, buffered and /or separated from each other to prevent adverse
effects from odour, noise and other contaminants.
1.2 Housing
1.2.1 Provision will be made in all planning jurisdictions for a full range of housing types
and densities to meet projected demographic and market requirements of current and future
residents of the housing market area by:
a) maintaining at all times at least 'a 10 -year supply of land designated and available for new
residential development and residential intensification;
b) maintaining at all times, where new development is to occur, at least a 3 -year supply of
residential units with servicing capacity in draft approved or registered plans;
c) encouraging housing forms and densities designed to be affordable to moderate and lower
income households;
d) encouraging all forms of residential intensification in parts of built -up areas that have sufficient
existing or planned infrastructure to create'a potential supply of new housing units available
from residential intensification; and
e) establishing cost - effective development standards for new residential development and
redevelopment to reduce the cost of housing.
1.3 Infrastructure
1.3.1 SEWAGE AND WATER SYSTEMS
1.3.1.1 Planning for sewage and water systems will recognize that:
a) full municipal sewage and water services are the preferred form of servicing for urban areas and
rural settlement areas. In areas serviced by full municipal sewage and water services,.lot
creation will be permitted only if sufficient reserve water and sewage plant capacity will be
available to accommodate it;
b) communal services are the preferred means of servicing multiple lots /units in areas where full
municipal sewage and water services are not or cannot be provided, where site conditions are
suitable over the long term; and
C) lot/unit creation may be serviced by individual on -site systems where the use of communal
systems is not feasible and where site conditions are suitable over the long term; but
d) partial services will be discouraged except where necessary to address failed services, or
because of physical constraints.
1.3.2 TRANSPORTATION
1.3:2.1 Transportation systems will be provided which are safe, environmentally sensitive, and
energy efficient.
...........
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PROVINCIAL POLICY STATEMENT
1.3.3 TRANSPORTATION CORRIDORS AND INFRASTRUCTURE CORRIDORS
1.3.3.1 Corridors and rights -of -way for significant transportation and infrastructure facilities will be
protected.
1.3.4 WASTE MANAGEMENT
1.3.4.1 Waste n:anagernent systems need to be provided that are of an appropriate size and type to
accommodate present and future requirements, and will be located and designed in accordance
with provincial standards and legislation.
5. 536
.PROVIN(IAL POLKY STATEMENT
aResources
2.1 Agricultural Policies
2.1.1 Prime agricultural areas will be protected for agriculture. Permitted uses and activities in these
areas are: agricultural uses, secondary user, and agriculture- related uses..
Proposed new secondary uses and agriculture- related uses will be compatible with, and will not
hinder, surrounding agricultural operations.
2.1.2 Lot creation in prime agricultural areas is generally discouraged and will be permitted only in the
following situations:
a) new lots for agricultural uses may be permitted provided that they are of a size appropriate for
the type of agricultural use(s) common in the area and are sufficiently large to maintain
flexibility for future changes in the type or size of agricultural operation;
b) new lots may be permitted for agriculture- related uses, and
c) new lots for residential uses may be permitted for:
1. a farm retirement lot;
2. a residence surplus. to a farming operation; and
3. residential inf Iling.
Any new lot for residential uses will be limited to a minimum size needed to accommodate
the residence and an appropriate sewage and water system.
2.1.3 An area may be excluded from prime agricultural areas only for:
a) an expansion of an urban area or rural settlement area, in accordance with policy l.l.lc);
b) extraction of mineral resources, in accordance with policy 2.2; and
c) limited non - residential uses, provided that:
1. there is a demonstrated need for additional land to be designated to accommodate the
proposed use;
2. there are no reasonable alternative locations which avoid prime agricultural areas, and
3. there are no reasonable alternative locations in prime agricultural areas with lower priority
agricultural lands.
Impacts from any new non - agricultural uses on surrounding agricultural operations and lands
will be mitigated.
2.1.4 New land uses, including the creation of lots, and new or expanding livestock facilities.
will comply with the minimum distance separation formulae.
2.1.5 In prime agricultural areas, agricultural uses and normal farm. practices will be
promoted and protected.
......
°6 537
PROVINCIAL POLICY STATEMENT
2.2 Mineral Resources: Mineral Aggregates, Minerals, Petroleum Resources
2.2.1 Mineral resources (mineral aggregates, minerals and petroleum resources) will be protected for long
term use.
2.2.2 MINERALS AND PETROLEUM RESOURCES
2.2.2.1 Mineral mining operations and petroleum resource operations will be protected from activities that
would preclude or hinder their expansion or continued use or which would be incompatible for
reasons of public health, public safety or environmental impact.
2.2.2.2 In areas adjacent to or in known mineral deposits or known petroleum resources, and in areas of
mineral potential, development which would preclude or hinder the establishment of new
operations or access to the resources will only be permitted if:
a) resource use would not be feasible; or
b) the proposed land uses or development serves a greater long term public interest; and
c) issues of public health,, public safety and environmental impact are addressed.
2.2.2.3 Rehabilitation to accommodate subsequent land uses will be required after extraction and other
related activities have ceased. Progressive rehabilitation will be undertaken where feasible.
2.2.2.4 Extraction of minerals and petroleum resources is permitted in prime agricultural areas, provided
that the site is rehabilitated.
2.2.3 MINERAL AGGREGATES
2.2.3.1 ' As much of the mineral aggregate resources as is realistically possible will be made available to
supply mineral resource needs, as close to markets as possible.
2.2.3.2 Mineral aggregate operations will be protected from activities that would preclude or hinder their
expansion or continued use or which would be incompatible for reasons of public health, public
safety or environmental impact. Existing mineral aggregate operations will be permitted to
continue without the need for official plan amendment, rezoning or development permit under
the Planning Act.
2.2.3.3 In areas adjacent to or in known deposits of mineral aggregates, development which would preclude
or hinder the establishment of new operations p ns or access to the resources will only be permitted if:
a) resource use would not be feasible; or
b) the proposed land uses or development serves a on reater l ubli
g g term p c interest; and
c) issues of public health, public safety and environmental impact are addressed.
2.2.3.4 Wayside its and quarries and or
P q portable asphalt plants used on public authority contracts will be
permitted, without the need for official plan amendment, rezoning, or development permit under
the Planning Act in all areas, except those areas of existing development or particular
environmental sensitivity which have been determined to be incompatible with extraction and
associated activities.
7 538
PROVINCIAL POLICY STATEMENT
2.2.3.5 Progressive rehabilitation to accommodate subsequent land uses will be required.
2.2.3.6 In prime agricultural areas, on prime agricultural land, extraction of mineral aggregates is permitted
as an interim use provided that rehabilitation of the site will be carried out whereby substantially
the same areas and same average soil quality for agriculture are restored.
On these prime agricultural lands, complete agricultural rehabilitation is not required if:
a) there is a substantial quantity of mineral aggregates below the water table warranting
extraction; or
b) the depth of planned extraction in a quarry makes restoration of pre- extraction agricultural
capability unfeasible; and
c) other alternatives have been considered by the applicant and found unsuitable; and
d) agricultural rehabilitation in remaining areas will be maximized.
2.3 Natural Heritage
2.3.1 Natural heritage features and areas will be protected from incompatible development.
a) Development and site alteration will not be permitted in:
significant wetlands south and east of the Canadian Shield,; and
• significant portions of the habitat of endangered and threatened species.
b) Development and site alteration may be permitted in:
• fish habitat;
• significant wetlands in the Canadian Shield,;
• significant woodlands south and east-of the Canadian Shield 2;
• significant valleylands south and east of the Canadian Shield,;
• significant wildlife habitat, and
significantareas of natural and scientific interest
if it has been demonstrated that there will be no negative impacts on the natural features or the
ecological functions for which the area is identified.
2.3.2 Development and site alteration may be permitted on adjacent lands to a) and b) if it
has been demonstrated that there will be no negative impacts on the natural features or
on the ecological functions for which the area is identified.
2.3.3 The diversity of natural features in an.area, and the natural connections between them
should be maintained, and improved where possible.
2.3.4 Nothing in policy 2.3 is intended to limit the ability of agricultural uses to continue.
' Other alternatives include resources in areas of classes 4 to 7 agricultural lands, resources on lands committed to future urban uses, and
resources oii prime agricultural lands where rehabilitation to agriculture is possible.
Areas south and east of the Canadian Shield are shown on Figure 1
..........,
8
5,39
PROVINCIAL POLICY STATEMENT
2.4 Water Quality and Quantity
2.4.1 The quality and quantity of ground water and surface water and the function of
sensitive ground water recharge /discharge areas, aquifers and headwaters will be
protected or enhanced.
2.5 Cultural Heritage and Archaeological Resources
2.5.1 Significant built heritage resources and cultural heritage landscapes will be conserved.
2.5.2 Developmentand site alteration may be permitted on lands containing archaeological resources or
areas of archaeological potential if significant archaeological resources have been conserved by
removal and documentation, or preservation on site. Where significant archaeological resources
must be preserved on site, onlydevelopment and site alteration which maintain the heritage
integrity of the site will be permitted.
a
. ...........
`9 40
.......... .. PROVINCIAL POLICY ... STATEMENT
[�-. Public Health and Safety
3.1 Natural Hazards
3.1.1 Development will generally be directed to areas outside of
a) hazardous lands adjacent to the shorelines of the Great Lakes -.St. Lawrence River System and
large inland lakes which are impacted by flooding, erosion, and /or dynamic beach hazards,
b) hazardous lands adjacent to river and stream systems which are impacted by flooding and /or
erosion hazards, and
c) hazardoussites.
3.1.2 Development'and site alteration will not be permitted within:
a) defined portions of the dynamic beach;
b) defined portions of the one hundred year flood level along connecting channels (the St. Mary's,
St. Clair, Detroit, Niagara and St. Lawrence Rivers); and
c) a floodway (except in those exceptional situations where a Special Policy Area has been
approved).
3.1.3 Except as provided in policy 3.1,2, development and site alteration may be permitted in hazardous
lands and hazardous sites, provided that all of the following can be achieved:
a). the hazards can be safely addressed, and the development and site alteration is carried out in
accordance with established standards and procedures,
b) new hazards are not created and existing hazards are not aggravated;
c) no adverse environmental impacts will result;
d) vehicles and people have a way of safely entering and exiting the area during times of
flooding, erosion and other emergencies; and
e) the development does not include institutional uses or essential emergency services or the
disposal, manufacture, treatment or storage of hazardous substances.
3.2 Human -made Hazards
3.2.1 Development on, abutting or adjacent to lands affected by mine hazards or former mineral
resource operations will be permitted only if rehabilitation measures to address and Mitigate
known or suspected hazards are under -way or have been completed.
3.2.2 Contaminated sites will be restored as necessary prior to any activity on the site associated with
-the proposed use such that there will be no adverse effect.
`10 541
.. . . ....................... ..... , .. , . PROVINCIAL POLICY STATEMENT
n--
IV IMP.LEMENTATION/INTERPRETATION
1. The Provincial Policy Statement came into effect on the date of proclamation of Bill 20, and
7 applies to all applications submitted after that date. Planning authorities "shall have regard to"
the policy statement in making decisions on all applications submitted on or after the
proclamation date, and to all applications which were commenced on or after March 28, 1995
and in respect of which no decision had been made on the date of proclamation. The
Provincial Policy Statement replaces the Comprehensive Set of Policy Statements.
Section 75 of the Planning Act provides when an application is considered to have commenced
and when a decision is considered to have been made for the purposes of this section.
i
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i
2. Nothing in this policy statement is intended to prevent planning authorities from going
beyond the minimum standards established -in specific policies, in developing official plan
policies and.when making decisions on.planning matters, unless doing so would conflict with
any other. policy.
The Provincial Policy Statement is to be read in its entirety, and all pertinent policies are to be
applied to each situation.
3. The Province, in developing and amending provincial plans, will have regard to these policy
statements. Provincial plans, such as those adopted under the Ontario Planning and
Development Act, 1994 or the Niagara Escarpment Planning and Development Act, which
have been approved by the Lieutenant Governor- in Council, will take precedence over policies
in this statement.
4.. These policies are to be applied in dealing with planning matters..
Official plans will integrate all applicable provincial policies and apply appropriate land use
designations and policies. Since the policies focus on end results, the official plan is the most
important vehicle for the implementation of the Policy Statement.
5. Infrastructure maybe authorized under legislation other than or in addition to the Plannin
Act. Other authorizing legislation may include the Environmental Assessment Act, the
Ontario Energy Board Act, and the Ontario Water Resources Act.
An environmental assessment process may be applied to new infrastructure and modifications
to existing infrastructure under applicable legislation. The applicable policies would be
considered as part of the evaluation conducted under the relevant environmental assessment
process,
6. The Province, in consultation with municipalities, will identify performance indicators for
measuring the effectiveness of some or all of the policies, and will monitor their
implementation. Municipalities are encouraged to establish performance indicators to
monitor the implementation of the policies in their official plans.
............................ ...................,.,,,....... PROVINCIALPOLI(YSTATEMENT
Figure 1
121 543
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DEFINITIONS
Adjacent lands:
means those lands, contiguous to a specific natural heritage
feature or area, where it is likely that development or 'site
alteration would have a negative impact on the feature or area.
The extent of the adjacent lands may be recommended by the
Province or based on municipal approaches which achieve
the same objectives.
Adverse effects:
as defined in the Environmental Protection Act, means one or
more of
• impairment of the quality of the natural environment
for any use that can be made of it;
• injury or damage to property or plant and animal life;
• harm or material discomfort to any person;
• an adverse effect on the health of any person;
• impairment of the safety of any person;
• rendering any property or plant or animal life unfit
for use by humans;
• loss.of enjoyment of normal'use of property; and
• interference with normal conduct of business.
Agricultural uses:
means the growing of crops, including nursery and
horticultural crops; raising of livestock and other animals for
food, or fur, including poultry and fish; aquaculture; agro-
forestry; maple syrup production; and associated on -farm
buildings and structures.
Agriculture- related uses:
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.
Areas of archaeological potential:
means areas with medium or high potential for the discovery
of archaeological resources. This potential is based on the
presence of a wide range of geographic and historical features
which influenced past settlement. Archaeological potential is
confirmed through archaeological assessment.
Areas of mineral potential:
means areas favourable to the discovery of mineral deposits
due to geology, the presence of known mineral deposits or
other technical evidence. Areas of mineral potential are
identified using accepted scientific methodology.
Areas of natural and scientific interest (ANSI):
means areas of land and water containing natural landscapes
or features that have been identified as having life science or
earth science values related to protection, scientific study, or
education.
.. ' ........... . . PROVINCIAL POLICY ... STATEMENT
Built heritage resources:
means one or more buildings, structures, monuments,
installations, or remains associated with architectural,
cultural, social, political, economic, or military history, and
identified as being important to a community.
Cultural heritage landscape:
means a defined geographical area of heritage significance
which has been modified by human activities. Such an area
is valued by a community, and is of significance to the
understanding of the history of a people or place.
Defined portions of a dynamic beach:
means those portions of the dynamic beach which are highly
unstable and /or critical to the natural protection and
maintenance of the first main dune feature and /or beach
profile, where any developmentor site alteration would create
or aggravate flooding or erosion hazards, cause updrift and /or
downdrift impacts and /or cause adverse environmental
impacts.
Defined portions of the one hundred year flood level along
connecting channels:
means those areas which are critical to the conveyance of the
flows associated with the one hundred year flood level along
the St. Mary's, St. Clair, Detroit, Niagara and St. Lawrence
Rivers, where development or site alteration will create
flooding hazards, cause updrift and /or downdrift impacts
and /or cause adverse environmental impacts.
Deposits of mineral aggregates:
means an area of identified mineral aggregates that has a
sufficient quantity and quality to warrant present or future
extraction.
Designated and available:
means, for the purposes of Policy 1.'2. la), designated in the
official plan for urban residential use. For municipalities
where more detailed official plan policies (eg. secondary
plans) are required before development applications can be
considered for approval, only lands that have at least begun
the more detailed planning process are considered to be
designated for the purposes of this definition.
Development:
means the creation of a new lot, a change in land use, or the
construction of buildings and structures, requiring approval
under the Planning Act; but does not include activities that
create or maintain infrastructure authorized under an
environmental assessment process; or works subject to the
Drainage Act.
:...........
13
Dynamic beach:
means areas of inherently unstable accumulations of
shoreline sediments along the Great Lakes- St: Lawrence River
System and large inland lakes. The dynamic beach hazard
limit includes the flooding hazard limit plus a dynamic beach
allowance.
nil
PROVINCIAL POLICY STATEMENT
.................................. ...............................
Ecological functions:
means the natural processes, products or services that living
and non - living environments provide or perform within or
be species, ecosystems and landscapes. These may
include biological, physical and socio- economic interactions.
Endangered species:
means any native species, as listed in the Regulations under
the Endangered Species Act, that is at risk of extinction
throughout all or a significant portion of its Ontario range if
the limiting factors are not reversed.
Erosion hazards:
means the loss of land, due to human or natural processes,
that poses a threat to life and property. The erosion hazard
limit is determined using the 100 year erosion rate (the
average annual rate of recession extended over a hundred
year time span), an allowance for slope stability, and an .
erosion allowance.
Essential emergency services:
means services such as those provided by fire, police and
ambulance stations and electrical substations, which would
be impaired during an emergency as a result of flooding, the
failure of floodproofing measures and /or protection works,
and /or erosion.
Established'standards and procedures:
means the following:
Floodproofing standard, which means the combination of
measures incorporated into the basic design and /or
construction of buildings, structures, or properties to reduce
or eliminate flooding, wave uprush and other water related
hazards along the shorelines of the Great Lakes - St. Lawrence
River System and large inland lakes, and flooding along river
and stream systems.
Protection works standard, which means the combination
of non- structural or structural works and allowances for
slope stability and flooding /erosion to reduce the damages
caused by flooding, erosion, and other water related hazards,
and to allow access for their maintenance and repair.
Access standard, which means a method or procedure to
ensure safe vehicular and pedestrian movement, and access
for the maintenance and repair of protection works, during
times of flooding, erosion and /or other water related hazards.
Farm retirement lot:
means one lot from a farm operation for a full time farmer of
retirement age who is retiring from active working life, was
farming on January 1, 1994 or an earlier date set out in an
existing official plan, and has owned and operated the farm
operation for a substantial number of years.
Fish:
means fish, shellfish, crustaceans, and marine animals, at all
stages of their life cycles.
Fish habitat:
means the spawning grounds and nursery, rearing, food
supply, and migration areas on which fish depend directly or
indirectly in order to carry out their life processes.
Flood fringe (for river and stream systems):
means the outer portion of the flood plain between the
floodway and the flooding hazard limit. Depths and velocities
of floodingare'generally less severe in the flood fringe than
those experienced in the floodway. The flood fringe is the area
where development and site alteration maybe permitted,
subject to appropriate floodproofing to the flooding hazard
elevation or another flooding hazard standard approved by
the Ministry of Natural Resources.
14
Flood plain (for river and stream systems):
means the area, usually low lands adjoining a watercourse,
which has been or may be subject to flooding hazards.
Flooding hazards:
means the inundation, under the conditions specified below,
of areas adjacent to a shoreline or a river or stream system and
not ordinarily covered by water:
a) Along the shorelines of the Great Lakes - St. Lawrence
River System and large inland lakes, the flooding hazard
limit is based on the 100 year flood level plus an
allowance for wave uprush and other water related
hazards:
b) Along river and stream systems, the flooding hazard
limit is the greater of:
1. the flood resulting from the rainfall actually
experienced during a major storm such as the
Hurricane Hazel storm (1954) or the Timmins
Storm (1961), transposed over a specific watershed
and combined with the local conditions, where
evidence suggests that the storm event could have
potentially occurred over watersheds in the general
area;
2. the* one hundred year flood; or
3. a flood which is greater than 1) or 2) which was
actually experienced in a particular watershed or
portion thereof as a result of ice jams and which
has been approved as the standard for that specific
area by the Minister of Natural Resources.
except where the use of the one hundred year flood or
actually experienced event as the standard for a specific
watershed has been approved by the Minister of
Natural. Resources (where the past history of flooding
supports the lowering of the standard).
Oil
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Ploodway (for river and stream systems):
means the portion of the flood plain where development
(other than uses which by their nature must be located
within the floodway, flood and /or erosion control works, or
where appropriate, minor additions or passive, non-
structural uses which do not affect flood flows) and site
alteration would cause a danger to public health and safety or
property damage.
Where the one zone concept is applied, the floodway is the
entire flood plain.
Where the two zone concept is applied, the floodway is the
inner portion of the flood plain, representing that area
required for the safe passage of flood flow and /or that area
where flood depths and /or velocities are considered to be
such that they pose a potential threat to life and /or property
damage. Where the two zone concept applies, the outer
portion of the flood plain is called the flood fringe.
Great Lakes - St. Lawrence River System:
means the major water system consisting of Lakes Superior,
Huron, St. Clair, Erie and Ontario and their connecting
channels, and the St. Lawrence River within the boundaries
of the Province of Ontario.
Hazardous lands:
means property or lands that could be unsafe for
development due to naturally occurring processes. Along the
shorelines of the Great Lakes - St. Lawrence River System, this
means the land, including that covered by water, between the
international boundary, where applicable, and the furthest
landward limit of the flooding, erosion or-dynamic beach
hazard limits: Along the shorelines of large inland lakes, this
means the land, including that covered by water, between a
defined offshore distance or depth and the furthest landward
limit of the flooding, erosion or dynamic beach hazard limits.
Along river and stream systems, this means the land,
including.that covered by water, to the furthest landward
limit of the floodingor erosion hazard limits.
Hazardous sites:
means property or lands that could be unsafe for development
and site alteration due to naturally occurring hazards. These
may include unstable soils (sensitive marine clays [ledal,
organic soils) or unstable bedrock (karst topography).
I-fazardous substances:
means substances which, individually, or in combination
with other substances, are normally considered to pose a
danger to public health, safety and the environment. These
substances generally include a wide array of materials, that are
toxic, ignitable, corrosive, reactive, radioactive or
pathological.
PROVINCIAL POLICY STATEMENT
Housing market area:
refers to an area, generally broader than a lower tier
municipality, that has a high degree of social and economic
interaction. In southern Ontario, the county or regional
municipality will normally serve as the housing market area.
Where a housing market area extends significantly beyond
county or regional boundaries, it may include a combination
of counties and /or regional municipalities.
Infrastructure:
means physical structures that form the foundation for
development. Infrastructure includes: sewage and water
works, waste management systems, electric power,
communications, transit and transportation corridors and
facilities, and oil and gas pipelines and associated facilities.
Institutional uses:
means those uses, associated with hospitals, nursing homes,
pre - school, school nurseries, day care and schools, where
there is a threat to the safe evacuation of the sick, the elderly,
the physically challenged or the young during an emergency
as a result of flooding, failure of floodproofing measures or
protection works, or erosion.
Large inland lakes:
means those waterbodies having a surface area of equal to or
greater than 100 square kilometres where there is not a
measurable or predictable response to a single runoff event.
Mine hazards:
means any feature of a mine as defined under the M ining Act
or any.related disturbance of the ground that has not been
`rehabilitated.
Mineral aggregate:
means gravel, sand, clay, earth, shale, stone, limestone,
dolostone, sandstone, marble, granite, rock or other material
prescribed under the Aggregate Resources Act suitable for
construction, industrial, manufacturing and maintenance
purposes but does not include metallic ores, asbestos,
.graphite, kyanite, mica, nepheline syenite, salt, talc,
wollastonite, mine tailings or other material 'prescribed under
the inin Act.
Mineral deposits:
means an unusually large or rich concentration of valuable
minerals identified within a small part of the Earth's crust.
Mineral aggregate operation:
means:
..........
X15;
a) lands under license or permit, other than for a wayside
pit or quarry, issued in accordance with the Aggregate
Resources Act, or successors thereto;
b) for lands not designated under the Aggregate
Resources Act, established pits and quarries that are
not in contravention of municipal zoning by -laws and
including adjacent land under agreement with or
owned by the operator, to permit continuation of the
1 •
operation; and
c) associated facilities used in extraction, transport,
beneficiation, processing or recycling of mineral
aggregate, or the production of secondary related
products.
Mineral mining operation:
means mining operations and associated facilities, or, past
producing mines with remaining mineral development
potential that have not been permanently rehabilitated to
another use.
Minerals:
means metallic minerals and non - metallic minerals as herein
defined, but does not include mineral aggregates or petroleum
resources.
Metallic minerals means those minerals from which metals
(e.g. copper, nickel, gold) are derived.
Non - metallic mineralsmeans those minerals that are of value
for intrinsic properties of the minerals themselves and not as
a source of metal. They are generally synonymous with
industrial minerals (e.g. asbestos,- graphite, kyanite, mica,
nepheline syenite, salt, talc, and wollastonite).
Minimum distance separation formulae:
means formulae developed by the Province to separate uses
so as to reduce incompatibility concerns about odour from
livestock facilities.
Multi -modal transportation system:
means a transportation system which may include several
forms of transportation such as automobiles, walking, truck,
cycling, bus, rapid transit and rail.
Natural heritage features and areas:
means features and areas, such as significant wetlands, fish
habitat, significant woodlands south and east of the Canadian
Shield, significant valleylands south and east of the Canadian
Shield, significant portions of the habitat of endangered and
threatened species, -sign ifica tit wildlife habitat, and significant
areas of natural and scientific interest, which are important for
their environmental and social values as a legacy of the
natural landscapes of an area.
Negative impacts:
means:
a) in regard to-fish habitat, the harmful alteration,
disruption or destruction of fish habitat, except where
it has been authorized under the Fisheries Act, using
the guiding principle of no net loss of productive
capacity,
b) in regard to other natural heritage features and areas,
the loss of the natural features or ecological functions
for which an area is identified.
PROVINCIAL POLICY STATEMENT
One hundred year flood (for river and stream systems):
means that flood, based on an analysis of precipitation, snow
melt, or a combination thereof, having a return period of loo
years on average, or having a 1% chance of occurring or
being exceeded in any given year.
One hundred year flood level:.
means:
for the shorelines of the Great Lakes, the peak
instantaneous stillwater level, resulting from
combinations of mean monthly lake levels and wind
setups, which has a 1% chance of being equalled or
exceeded in any given year.
in the connecting channels (St. Mary's, St. Clair,
Detroit, Niagara and St. Lawrence Rivers), the peak
instantaneous stillwater level which has a 1% chance of
being equalled or exceeded in any given year.
for large inland lakes, lake levels and wind setups that
have a 1% chance of being equalled or exceeded in any
given year, except that, where sufficient water level
records do not exist, the one hundred year flood level
is based on the highest known water level and wind
setups.
Other water - related hazards:
means water - associated phenomena other than flooding and
wave uprush which act on shorelines. This includes, but is not
limited to ice, ice piling and. ice jamming.
Petroleum resource operations:
means oil, gas and brine wells, and associated facilities, oil
field brine disposal wells and associated facilities, and
facilities for the underground storage of natural gas and other
hydrocarbons.
Petroleum resources:
means oil, gas, and brine resources which have been
identified through exploration and verified by preliminary
drilling or other forms of investigation. This may include
sites of former operations where resources are still present or
former sites that may be converted to underground storage
for natural gas or other hydrocarbons.
Portable asphalt plant:
means a facility:
a) with equipment designed to heat and dry aggregate
and to mix aggregate with bituminous asphalt to
produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the
process;
b) which is not of permanent construction, but which is
to be dismantled at the completion of the construction
project.
547
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Prime agricultural area:
means an area where prime agricultural land predominates.
Prime agricultural areas may also be identified through an
alternative agricultural land evaluation system approved by
the Province.
Prime agricultural land:
means land that includes specialty crop lands and /or Canada
Land Inventory Classes 1, 2, and 3 soils, in this order of
priority for protection.
Public service facilities:
means land, buildings and structures for the provision of
public services, but does not include infrastructure.
Public services:
means programs and services provided or subsidized by a
government or other public body. Examples include social
assistance, recreation, police and fire protection, health and
educational programs, and cultural services.
Quality and quantity (of water):
is measured by indicators such as minimum base flow,
oxygen levels, suspended solids, temperature, bacteria,
nutrients, hazardous contaminants, and hydrologic regime.
Reserve water and sewage plant capacity:
means design capacity in a centralized water and waste water
treatment facility which is not.yet committed to existing or
approved development.
Residence surplus to a farming operation:
means one of two or more existing farm residences built
prior to 1978 and surplus to the farm, or an existing farm
residence that is rendered surplus as a result of farm
consolidation (farm consolidation means the acquisition of
additional farm parcels to be operated as one farm
operation).
Residential infilling:
means the creation of a residential lot between two existing
non -farm residences which are on separated lots of a similar
size and which are situated on the same side of a road and are
not more than 100 metres apart.
Residential intensification:
means the creation of new residential units or
accommodation in existing buildings or on previously
developed, serviced land and includes infill, accessory
apartments and rooming houses.
River and stream systems:
means all watercourses, rivers, streams, and small inland
lakes or waterbodies that have a measurable or predictable
response to a single runoff event.
Rural areas:
means lands in the rural area which are not prime agricultural
areas.
PROVINCIAL POLICY STATEMENT
Secondary uses:
means uses secondary to the principal use of the property,
including home occupations, home industries, and uses that
produce value -added agricultural products from the farm
operation on the property.
Sensitive land uses:
means-buildings, amenity areas, or outdoor spaces where
routine or normal activities occurring at reasonably expected
times would experience one or more adverse effects from
contaminant discharges generated by a nearby major facility.
Sensitive land uses may be a part of the natural or built
environment. Examples include: residences, day care centres,
and educational and health facilities.
Sewage and water systems:
Full municipal sewage and water services:
means piped sewage and water services that are connected
to a centralized water and waste water treatment facility.
Communal services:
means sewage works and sewage systems, and water works
that provide for the distribution, collection or treatment
of sewage or water but which:
• are not connected to fill municipal sewage and water
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services,
are for the common use of more than five residential
units /lots; and
• are owned, operated, and managed by:
the municipality; or
another public body; or
• .a condominium corporation or single owner which
has entered into an agreement with the
municipality or public body, pursuant to Section 51
of the PlanningAct, providing for municipal /public
body assumption of the communal services in the
event of default by the owner.
Individual on -site systems:
means.individual autonomous water supply and sewage
disposal systems, that are owned, operated and managed
by the owner of the property upon which the system is
located and which do not serve more than five residential
units /lots.
Partial services:
means connection to one communal service or fill
municipal service where the other connection will be to an
individual on -site system.
Significant:
means:
• in regard to wetlands and areas of natural and scientific
interest, an area identified as provincially significant by
the Ministry of Natural Resources using evaluation
procedures established by the province, as amended
from time to time.
" y " „ ...... . ..... . . ....... PROVINCIAL POLICY STATEMENT
in regard to other features and areas in policy 2.3,
ecologically important in terms of features, functions,
representation or amount, and contributing to the
quality and diversity of an identifiable geographic area
or natural heritage system. Criteria for determining
significance may be recommended by the Province,
but municipal approaches that achieve the same
objective may also be used.
in regard to other matters, important in terms of
amount, content, representation or effect.
Significant archaeological resources:
means the remains of any building, structure, activity, place
or cultural feature, which because of the passage of time is on
or below the surface of the land or water, and. which has been
identified and evaluated and determined to be significant to
the understanding of the history of a people or place. The
identification and evaluation of this resource is based upon
an archaeological assessment.
Site alteration:
means activities, such as fill, grading and excavation, that
would change the landform and natural vegetative
characteristics of a site.
Special.policy area:
means an area within a community that has historically
existed in the flood plain and where site specific policies,
approved by the Ministers of Natural Resources and
Municipal Affairs and Housing, are intended to address the
significant social and economic hardships to the community
that would result from strict adherence to provincial policies
concerning development.
Specialty crop land:
means areas where specialty crops such as tender fruits
(peaches, cherries, plums), grapes, other fruit crops,
vegetable crops, greenhouse crops, and crops from
agriculturally developed organic soil lands are predominantly
grown, usually resulting from:
• soils that have suitability to produce specialty crops, or
lands that are subject to special climatic conditions, or
a combination of both; and /or
• a combination of farmers skilled in the production of
specialty crops, and of capital investment in related
facilities and services to produce, store, or process
specialty crops.
Threatened species:
means any native species that is at risk of becoming
endangered through all or a portion of its Ontario range if
the limiting factors are not reversed.
Valleylands:
means a natural area that occurs in a valley or other
landform depression that has water flowing through or
standing for some period of the year.
Waste management system:
means sites and facilities to accommodate solid waste from
one or more municipalities and includes landfill sites,
recycling facilities, transfer stations, processing sites and
hazardous waste depots.
Wave uprush:
means the rush of water up onto a shoreline or structure
following the breaking of a wave; the limit of wave uprush is
the point of furthest landward rush of water onto the
shoreline.
Wayside pits and quarries:
means a temporary pit or quarry opened and used by or for a
public authority solely for the purpose of a particular project
or contract of road construction and not located on the road
right of way.
Wetlands:
means lands that are seasonally or permanently covered by
shallow water, as well as lands where the water table is close
to or at the surface. In either case the presence of abundant
water has caused the formation of hydric soils and has
favoured the dominance of either hydrophytic plants or water
tolerant plants: The four major types of wetlands are
swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural
purposes which no longer exhibit wetland characteristics are
not considered to be wetlands for the purposes of this
definition.
Wildlife habitat:
means areas where plants, animals and other organisms live,
and find adequate amounts of food, water, shelter and space
needed to sustain their populations. Specific wildlife habitats
of concern may include areas where species concentrate at a
vulnerable point in their annual or life cycle; and areas which
are important to migratory or non - migratory species.
Woodlands:
means treed areas that provide'environmental and economic
benefits such as erosion prevention, water retention,
provision of habitat, recreation and the sustainable harvest of
woodland products. Woodlands include treed areas, woodlots
or forested areas and vary in their level of significance.
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