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HomeMy WebLinkAboutPD-173-89€" DN: RURAL _,.,...,,,.q111 w," TOWN OF NEWCASTLE REPORT MEETING: General Purpose and Administration Committee DATE: Monday, July 3, 1989 REPORT #: PD- 173 -89 FILE #: PLN 2.2.3 SUBJECT: REVIEW OF THE DURHAM REGIONAL OFFICIAL'PLAN PROPOSED RURAL AREA POLICIES File # Res_ # By -Law # RECOMMENDATIONS: It is respectfully reconmended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 173 -89 be received; 2. THAT Report PD- 173 -89 be forwarded to the Region of Durham as the Town's comments on'the proposed Rural Areas Policies. 1. BACKGROUND 1.1 The Planning Act, 1983 requires that a review of Official Plans be undertaken every five (5) years. Accordingly, in September of 1986, Regional Council. directed Regional Planning Staff to begin a review of the Durham Regional Official Plan. 1.2 On January 28, 1988, the Region forwarded "Discussion Paper No. 2 - Rural Policies" to this Town of Newcastle for comments. Staff reviewed the discussion paper and forwarded a copy of Report PD- 137 -88 as the Town's comments. ...2 599 47 REPORT No.: PD- 173 -89 PAGE 2 1.3 On April 25, 1989, Regional Planning Committee received its Staff Report which presented the proposed overall policy direction for the rural area including agricultural areas, open space, mineral aggregates resource extraction areas and rural settlements. The proposed Rural Areas Policies (hereto attached) were subsequently forwarded to the Town for comments prior to Regional Staff bringing forward an amendment to the Durham Regional Official Plan. 2. POLICY DIRECTIONS 2.1 The proposed rural areas policies further distinguishes the nature, purpose and function of the rural area and provides an integrated framework by which conflicting land use demands are to be reconciled or prioritized. 2.2 It is the goal of these new rural area policies to: i) preserve'the open landscape and the natural environment of the Rural Areas as distinct from Urban Areas; ii) protect farmland and support agriculture; iii) conserve and manage the use of natural resources; iv) preserve the cultural heritage of the Rural Areas and to provide an orderly settlement pattern consistent with the goals of this plan. 2.3 With these goals as a foundation, proposed rural area policies were drafted for Agricultural Areas, Open Space System, Mineral Aggregates and Rural Settlements. 3. PROPOSED RURAL AREA POLICIES 3.1 Agricultural Areas 3.1.1 The thrust of the policies of this section, are to preserve the integrity and stability of the Region's agricultural base. To this effect "Agricultural Uses" have been redefined as the "use of land for the growing of food and raising of animals for food ". Previously this definition incorporated non -food producing farm or farm - related uses such as nurseries, floral and,_q�WnhgtV,�e products, tobacco and forestry. REPORT NO.: PD- 173 -89 PAGE 3 3.1.2 It is proposed that the distinction between the "Permanent Agricultural Reserve" and the "General Agricultural Areas" remain. Generally, the latter contain less viable farm parcels constrained by soil conditions, size and adjacent uses. Section 1.3.3 of the proposed policies allows for additional uses such as the raising of horses, nurseries, riding and boarding stables, kennels, mink farms and sod farms to be located in "General Agricultural Areas" provided that such uses are not located on highly productive agricultural lands, are compatible with surrounding uses and do not unduly restrict or conflict with the predominant agricultural use. 3.1.3 Staff'concur with the general policy thrust of this section. Generally these policies are appropriate to establish the clear priority of the Agricultural Areas for food - producing agricultural activity. Unfortunately, even in the "Permanent Agricultural Reserve ", previous zoning regulations have resulted in a number of smaller parcels too large for residential use yet too small for most agricultural activities. The proposed Rural Area Policies state that Regional Council shall encourage the consolidation of parcels too small to be viable agricultural units. However, Council has no real means to implement this policy. Therefore, these proposed policies are of concern when evaluating lots of record which are greater than 2 ha in size yet less than 6 ha in size and located within the "Permanent Agricultural Reserve ". It would seem more appropriate to allow certain farm - related uses, which do not involve the production of food, to locate in the "Permanent Agricultural Reserve" as opposed to these pre - existing lots becoming large residential lawns or being left fallow. It would be of greater benefit to the Region and the Town if these lands were to be allowed to become involved in a farm - related use. It is therefore suggested that the following provision be added: Uses such as the raising of horses, nurseries, riding and boarding stables, kennels and mink farms may be allowed in the Permanent Agricultural Reserve provided that the agricultural parcel is less than 6 hectares in area. ...4 599 49 REPORT NO.: PD- 173 -89 3.2 Oven Space System a PAGE 4 3.2.1 The Open Space System consists of Waterfronts, the Oak Ridges Moraine, Major Open Space Areas and Recreation Nodes and policies have been developed for each of these components. It is of importance that the Open Space System be maintained to: separate urban areas; provide readily accessible natural setting and outdoor recreation opportunities to residents; protect plant life and wildlife habitat, groundwater recharge and storage, major land forms, flood and erosion protection; and provide psychological and physical benefits to residents. The thrust of the new policies is for greater, protection of the open space system from development pressures caused by urban growth. 3.2.2 The Town of Newcastle supports the general policy thrust for Major Open Space Areas including the recognition of the importance of maintaining spaces to separate urban areasl Section 1.4.12 is a cause for concern for the Town. Section 1.4.12 reads: "A limited number of industrial parks may be permitted in the Oak Ridges Moraine provided that appropriate policies and designations have been incorporated in the local official plan of the respective area municipality and Regional Council is satisfied that such use: a) is appropriate in a rural location and has frontage on a provincial highway or Regional road; b) is compatible with surrounding uses and does not unduly restrict or conflict with the predominant permitted uses in the Open Space System; c) is not located on highly productive agricultural lands; d) is of a dry nature which does not require water as part of the industrial operation and is adequately serviced with water supply and sewage disposal facilities to the satisfaction of the authorities having jurisdiction; and e) will be zoned in the zoning by -law in a special zoning category for that use." This clause will put unnecessary pressure on this municipality to develop adjacent to the Highway 35/115 and prpposed Highway 4917 corridors. The addition of this policy to the text of the Durham Region ...5 599 50 REPORT NO.: PD- 173 -89 PAGE 5 Official Plan will result in speculative activity and premature applications for industrial growth and ultimately the erosion of the Oak Ridges Moraine Open Space System. The Town of Newcastle is strongly opposed to the introduction of Policy 1.4.12 and it is suggested that this policy be removed in its entirety. 3.3 Mineral Aggregates 3.3.1 It is proposed that the existing policies in the Durham Region Official Plan be retained including the requirement that new or expansion of mineral aggregate resource extraction areas in appropriate locations will only be permitted by amendment to the Official Plan. A proposed policy will be included which will support provincial legislation to allow adequate compensation for negative impacts of transportation of mineral aggregates on Regional roads. Extraction areas which are closed, are to be deleted from the land use schedules of the Plan. 3.3.2 Report PD- 67 -89, which was received by the General Purpose and Administration Committee March 6, 1989, identified five pits to which extraction licences had expired. The report recommended that the Region of Durham be requested to amend the Regional Official Plan to delete or amend references to the mineral aggregate extraction operations identified within the report as having cancelled or revised Ministry of Natural Resources' licences. The rural review proposes the deletion of the pit designation for the five pits identified in Report PD- 67 -89: Sites 51, 90, 97, 98 and 103 within the Durham Region Official Plan. 3.3.3 Mineral aggregate activity is of vital concern to the Town of Newcastle. The Town of Newcastle generally concurs with the policy direction of the Durham Region Official Plan. However, given that specific.-policies have not been formulated to date, the Town of Newcastle reserves comment on the Mineral Aggregates Policy section at the present time. 3.4 Rural Settlements The policies proposed for the rural settlement section discourage the intrusion of residential uses into rural areas. The proposed policies ...6 r.qq c j REPORT NO.: PD- 173 -89 PAGE 6 ------------------------------------------------------------------------------ reinforce hamlets as the preferred location for rural settlement but also allows for the accommodation of limited residential cluster infilling, estate residential, shoreline residential, and farm - related residential. 3.4.1 Estate Residential 3.4.1.1 Significant changes have been proposed with respect to the policies for Estate Residential development. The new policies provide clearer definition and direction in the assessment of estate residential development proposals. The following criteria have been added: i) Estate residential development shall be distinct and well - separated from Urban Areas, Hamlets and other estate residential development. ii) An estate residential development shall have a maximum of 30 lots and a maximum area of 20 hectares and smaller subdivisions shall be encouraged. iii) Lots within an estate residential development shall be varied and shall generally range from 0.5 to 1.0 hectare in area. 3.4.1.2 Concentrated estate residential developments adjacent to urban areas may result in premature requests for municipal water and sanitary services, and a greater demand for commercial and community facilities outside of designated Hamlets and Urban Areas. The proposed policies will be effective in preventing further concentrations of estate residential development north of the Courtice Urban Area and North of the Bowmanville Urban Area. The Town of Newcastle is supportive of the proposed revisions to the Estate Residential Policies. 3.4.2 Hamlets 3.4.2.1 As a largely rural municipality with fourteen (14) hamlets, the Town of Newcastle will be greatly affected by any proposed policies for Hamlets. Both the Town and Region have previously agreed' that hamlet development is preferable to scattered forms of rural development. X99 �? ...7 REPORT NO.: PD- 173 -89 PAGE 7 The proposed hamlet policies would eliminate the distinction of 'hamlets for infilling' and 'hamlets for growth'. All hamlets could conceivably be hamlets for growth provided servicing studies established the 'potential' for such growth. 3.4.2.2 A general concern above the proposal hamlet policies is the lack of focus and direction to reinforce their role as the preferred form of rural settlement. An overemphasis on the servicing of the hamlets has resulted in the proposed hamlet policies containing redundancies. In particular Sections 11.6.4.4, 11.6.4.5, 11.6.4.9 and 11.6.4.11 are confusing. After reviewing all four policy statements several questions arise which must be readdressed by the Region: i) Does infilling include construction on existing lots of record, or is infilling the creation of lots, generally through application for consent? ii) Does "major development" mean only those subdivisions submitted within the defined boundaries of the hamlet, or does major development also include applications to expand the hamlet? iii) Sections 1.6.4.9 and 1.6.4.10 make reference to test drilling whereas Sections 1.6.4.4 and 1.6.4.5 do not make reference to hydrogeological studies based on test drilling. Is test drilling always necessary? iv) Who is responsible for preparation of hydrogeological studies for entire hamlets? Will it be done by the Region and if so, what comnittment will the Region make towards the completion of these studies? The Town of Newcastle suggests that above - referenced policies be reformulated to provide clarity. 3.4.2.3 The proposed hamlet policies would require that prior to any development other than infilling or minor expansions, a comprehensive hydrogeological study be prepared for the entire hamlet area based on test drilling. Given that the Town has fourteen (14) hamlets, this will be an extremely expensive process which could cost in excess of $5001,000- for all hamlets. The Town does not have the resources to undertake the studies proposed. • f M 599 53 REPORT NO.: PD-173-89 PAGE 8 The Town of Newcastle is concerned that if hamlets are to be the preferred location for rural residential settlement, the requirements are so stringent that they effectively negate that objective. In particular, the requirements that such studies be based on test drilling, while desirable, may be too expensive. Consequently, the Region must ensure that the means and the resources will be committed to complete such studies in a timely fashion. Furthermore, the Region must ensure that the proposed groundwater monitoring program can be achieved. 3.4.2.4 The provisions of the proposed hamlet policies would allow communal water systems, a concept generally opposed by the Region in the past. In light of other environmental health and agricultural objectives, the establishment of communal water systems would be an important and welcomed step. The Town of Newcastle supports the introduction of communal water systems to reinforce the hamlets role as the preferred form of rural settlement. 3.4.2.5 A further concern with Section 1.6.4.5 is the reference to the "maximum potential number of residential units" which is solely influenced by servicing constraints. Constraining factors other than service capacity, such as rural resource priorities, public opinion, soft service costs, etc. may also limit the "potential" for residential development. The Town of Newcastle suggests that Section 1.6.4.5 be reworded to reference "growth limits" as determined by the Region and local area municipality. instead of 'maximum potential' as determined by servicing capacity. 3.4.3 Non -Farm Residential 3.4.3.1 Presently the Durham Region Official Plan contains provisions which allow farmers to obtain: i) retirement lots; X 9 9 -4 M REPORT NO.: PD- 173 -89 PAGE 9 ------------------------------------------------------------------------------- ii) intra- family lots for immediate family members who signficantly assist in the farm operations; and iii) residential lots containing surplus dwellings as a result of farm consolidation. 3.4.3.2 The Region have recognized that in the past, severances for retirement lots and intra - family lots have been granted in the following situations which are considered inappropriate and contrary to the objectives of the Plan: - many farmers who obtained retirement lots do not sell their farm indicating that the farmers are not retiring from farming; - some retirement lots and intra - family lots created were excessive in size, thus unnecessarily removing agricultural land from the farm unit; - some retirement lots and intra family lots were severed from agricultural parcels which were not viable farm units; - some retirement lots and most intra family lots were granted to individuals who have full -time employment outside the farm operation; and - some retirement lots and intra family lots were granted for intensive commercial operations such as mink farms and may not be appropriate due to the small parcel size and nuisance factors involved. 3.4.3.3 Since 1974, 217 retirement lots and 143 intra- family lots have been created for the Town of Newcastle, as shown in below: 1974 -84 1985 1986 1987 1988 Total Intra Family Lots 72 8 29 20 14 143 Retirement Lots 84 15 43 61 14 217 Total 360 ...10 599 55 a. REPORT NO.: PD- 173 -89 PAGE 10 ------------------------------------------------------------------------- - - - - -- More applications for 1988 have been approved, however applicants . have one year to fulfill all conditions prior to the lot being created, and to date many of these applications still have to fulfill these conditions. The 1986 Statistics Canada, Agricultural Profile for the Town of Newcastle reveals that there are 280 farms with over 70 acres presently operating within the Town. It may be concluded that many farmers have already obtained either an intra - family lot or retirement lot or both. Furthermore, the need for farmers to have special provisions for retirement lots can no longer be justified in the face of competing priorities for the scarce agricultural land base. 3.4.3.4 The elimination of retirement lot and intra - family lot severances have hence been proposed, since the existing policies are contrary to the intent of the Plan of discouraging scattered development in the Rural Areas. Provisions have been included in the "Agricultural Areas" section which provide for accessory dwellings for farm employees and replaces the necessity for intra - family lots. The Town of Newcastle supports general policy direction including the elimination of retirement lot and intra- family lot provisions of the Durham Region Official Plan. 3.4.3.5 Section 1.6.8.4 has proposed that, notwithstanding the elimination of farm retirement lots as-a- right, an exception can be made by amendment to the Durham Regional Official Plan subject to a number of conditions. Generally, these conditions are very restrictive including provisions that the retiring farmer has spent three quarters of his working time on farming, earning three quarters of his income from farming over the last 20 years, that he is of retirement age, will reside on the retirement lot, that the agricultural parcel and retirement parcel meet specified criteria, and additional similar matters. This policy is cumbersome to implement and,contrary to the general intent of the Plan. Moreover it is an inappropriate level of detail in the Regional Official Plan. Retirement lots should either be eliminated totally or permitted as -a -right under strict criteria. [�QQ (�� REPORT NO.: PD- 173 -89 PAGE 11 The Town of Newcastle suggests that policy Section 1.6.8.4 be eliminated from the proposed rural area policies for the above -noted reasons. 3.4.3.6 The provisions regarding the disposition of a surplus dwelling unit have been revised such that a consent may only be granted where a farm is to merge with an abutting farm property for the purposes of farm consolidation. The Town of Newcastle is supportive of this clarification to the current Official Plan policy. 3.4.4 Shoreline Residential Areas 3.4.4.1 Policies have been proposed for this section which will ensure that this type of development will not preclude public access to the shoreline, result in soil and water pollution, or create undue demand for the extension of public services and facilities. The Town of Newcastle is supportive of the Shoreline Residential policies. 3.4.5 Residential Cluster 3.4.5.1 The proposed residential cluster policies basically remain unchanged from the existing policies contained in the Regional Official Plan. The proposed policies or criteria for identifying a residential cluster are inadequate and very subjective, and will be problematic in implementation. The Region should allow local municipalities to identify residential clusters and further allow the local municipalities to define those criteria in their respective local official plans. These are local planning issues which whould be left at the discretion of the local municipalities, all of which have their own distinct local conditions and development pattern. 599 57 ...12 REPORT NO.: PD 173 -89 PAGE 12 3.4.5.2 If, however, the Region were to insist upon defining the criteria for identifying residential clusters, the criteria should be expanded to define in a clear and implementable fashion this development form. For example, criteria are required to: i) deal with the minimum and maximum size of a cluster; ii) establish a maximum distance between two end dwellings within a cluster; iii) require a cluster to consist of existing development on both sides of a public road; and iv) require that an application to identify a cluster be accompanied by letters of consent from all property owners. The Town of Newcastle suggests the Region recognize clusters as a 'sub - hamlet' settlement type within the Major Open Space and General Agricultural areas only. The criteria for identifying clusters should be left with the local municipalities. Such criteria should be clear and implementable. 3.5 GENERAL COMMENTS 3.5.1 Within the introduction to Discussion Paper No. 2 - Rural Policies, it is stated th5it "Regional Council has requested the Minister of Municipal Affairs to establish a two tier planning system in Durham ". When the Durham Regional Official Plan was adopted by Regional Council in 1978, not all area municipalities had completed official plan coverage. It was therefore necessary to govern land uses in those area municipalities without plans. The establishment of a two- tier system and the review of the rural policies should facilitate a less detailed Regional Official Plan. 3.5.2 In attempting to provide greater clarity and direction through firmer criteria, the proposed provisions have resulted in the further detailing of the Regional Official Plan. ,Although we generally concur with most of the policy revisions and additions, we believe 500 F ...13 REPORT NO.: PD- 173 -89 PAGE 13 that further detailing of the Durham Region Official Plan will hinder the future implementation of a two - tiered system. The role of the Region should be to provide a broad policy thrust or framework for area municipalities. Experience in the Town of Newcastle as well as the northern municipalities has indicated that the current detailing of the Durham Region Official Plan has provided a disincentive for area municipalities to develop their own rural policies. 3.5.3 The Town of Newcastle will be preparing rural policies and land use schedules to incorporate as part of its Official Plan. The Durham Region Official Plan should be formulated on the basis that all municipalities will have operative Official Plans with rural coverage. The Town of Newcastle suggests that the following details should not be part of the Durham Region Official Plan but incorporated into local Official Plans: i. site specific designations (including pits and quarry symbols, estate residential symbols, hamlet "size" symbols and cluster identification); and ii. exceptions to the general policy framework. 3.5.4 A number of standardized policies regarding servicing are repeaded in each of the rural settlement sections. For example, the following revision is repeated in its entirety within four separate sections: An application for ...development... shall be accompanied by a hydrogeological study based on test drilling prepared by a qualified engineer which confirms: a) an adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system on each of the proposed lots; 599 59 REPORT NO.: PD- 173 -39 4. PAGE 14 b) an adequate separation between the water table and septic tile fields; c) the proposal has no adverse impact on existing development and the natural environment; and d) the number and size of the lot(s) proposed are appropriate. It is suggested that further streamlining of the proposed policies could be achieved with respect to servicing. The addition of a servicing section would eliminate mush of this repetition. •,uWIDI► • ' • It is respectfully recommended that a copy of this report be forwarded to the Regional Municipality of Durham as the Town's position with respect to the proposed Policies for Rural Areas. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development JDB *DC *FW *jip *Attach. June 23, 1989 Recommended for presentation to the Committee Lawrence Kotseff Chief Administrative Officer m 777m))) DURHAM A PROPOSED RURAL AREAS POLICIES PLANNING DEPARTMENT APRIL 25, 1989- 599 61 C', TABLE OF CONTENTS A. EXPLANATORY NOTE B. PROPOSED RURAL AREAS POLICIES 1.1 Goals 1.2 General. Policies 1.3 Agricultural Areas 1.4 Open Space System 1.5 Mineral Aggregates 1.6 Rurai Settlements 599 6� Pages 1 3 K 3 4 5 7 8 A. EXPLANATORY NOTE The Region of Durham is currently reviewing its Official Plan. This document contains the proposed Rural Areas policies. Your comments on the proposed policies would be appreciated and should be submitted to the Durham Planning Department prior to June 19, 1989. After receiving submissions on the proposed Rural Areas policies, an Official Plan Amendment for the Rural Areas will be brought forward for consideration by the Durham Region Planning Committee and Regional Council. Proposed policies for other components of the. Durham Regional Official Plan will be dealt with at a later date. The proposed Rural Areas policies consist of goals and general policies for all of the Rural Areas, and policies for components of the Rural Areas including Agricultural Areas, the Open Space System, Mineral Aggregates, and Rural Settlements. Many of the existing Rural Areas policies in the Official Plan are proposed to be retained. These include the mineral aggregates policies in the existing Section 4 and the existing site specific policies. The Appendix to this document contains existing Sections 4, 10, 11 and 12 of the Durham Regional Official Plan which were subject to the rural review. The proposed Rural Areas policies will result in minor changes to Map 'A' (Regional Structure) of the Plan including new hamlet symbols and the deletion of residential clusters and mineral aggregate extraction areas where extraction has been completed. Copies of the Durham Regional Official Plan including all maps. are available for inspection at the Durham Planning Department, 105 Consumers Drive, Whitby; the office of the Regional Clerk, 605 Rossland Road East, Whitby; area municipal offices and public libraries. 1 B. PROPOSED RURAL AREA POLICIES SECTION 1 - RURAL AREAS 1.1 GOALS 1.1.1 To preserve the open landscape and the natural environment of the Rural Areas as distinct from the Urban Areas. 1.1.2 To protect farmland and support agriculture. 1.1.3 To conserve and. manage the use of natural resources. 1.1.4 To preserve the cultural heritage of the Rural Areas and to provide an orderly settlement pattern consistent with the goals of this Plan. 1.2 GENERAL POLICIES 1.2.1 The Rural Areas as Areas, of this Resource of Agricultural Are OP P ace Extraction Areas and Rural Settlements. 1.2.2 The open space and natural landscape of the Rural Areas shall be protected and shall not be diminished by development in the Rural Areas. 1.2.3 Agricultural uses shall be encouraged in the Rural Areas. In addition, agriculture shall be protected by the establishment of large blocks of Permanent Agricultural Reserves. New developments in the Rural Areas shall comply with the Agricultural Code of Practice as amended from time to time. 1.2.4 A continuous Open ovide System shall be benefits and to pr and Rural Areas. This Open`Space is comprised of waterfronts, the Oak Ridges Moraine, and significant forests, river valleys and wetlands and open space surrounding urban areas. 1.2.5 Waterfront areas shall be preserd aofsignificant and landscape elements of the Open Space System offering views opportunity for water - oriented activities. 1.2.6 The Oak Ridges Moraine shall be protected as the Region's dominant natural feature and a significant 1.2.7 Significant forests, river valleys, and wetlands shall be retained as an ecological resource. 1.2.8 Mineral aggregate resources shall be safeguarded to ensure optimum long -term utilization and orderly extraction while' - minimizing negative environmental, financial and social impacts. 1,2.9 Settlement in Rural Areas on hamlet dtheechamacternand all not have any negative impact heritage of the Rural Areas. 3 i9 o4 H 1.3 AGRICULTURAL AREAS 1.3.1 Agricultural Areas consist of Permanent Agricultural Reserve and General Agricultural Areas and are designated on Map W. 1.3.2 Permanent Agricultural Reserve Areas and General Agricultural Areas shall be used for agricultural uses. Agricultural uses means the use of land for the growing of food and raising of animals for food. 1.3.3 Uses such as the raising of horses, nurseries, riding and boarding stables, kennels, mink farms and sod farms may also be allowed in General Agricultural Areas provided that such uses are not located on highly productive agricultural lands, are compatible with the surrounding uses and do not unduly restrict or conflict with the predominant agricultural uses. 1.3.4 Agricultural Areas may include pockets of poorer agricultural land and natural areas. However, such areas are essential parts of the Agricultural Areas and shall be used in accordance with the provisions of this Section. 1.3.5 Individual agricultural operations may include accessory uses such as woodlots and retail stands for the sale of agricultural products produced on the farm unit. 1.3.6 An accessory dwelling may be permitted­on an agricultural parcel provided that: i) the dwelling is to accommodate persons employed full -time on the farm; ii) the agricultural parcel is 40 hectares or greater; iii) no land severance shall be granted for an accessory farm dwelling; and iv) the number and location of accessory dwellings shall conform with the respective local official plans and/or zoning by —laws. 1.3.7 The use of portable manufactured buildings as accessory dwellings shall be encouraged particularly for farm help on a temporary or seasonal basis. 1.3.8 In all Agricultural Areas, the creation-of a new parcel of land shall be permitted for agricultural uses provided that both the proposed and retained parcels are of a size viable for the agricultural purpose proposed and shall generally be 40 hectares or greater. Uses which require smaller parcels of land shall be encouraged to locate on existing small lots within the General Agricultural Area. 1.3.9 Adjustment of lot lines in the Agricultural Areas shall not create non - viable farm parcels, fragment agricultural land or otherwise adversely affect agriculture. 5 1.3.10 Regional Council shall encourage existing lots which are too small for viable agricultural units to be consolidated with adjacent farm properties. 1.3.11 Regional Council may petition the provincial and federal governments to study and improve tax adjustments and incentives for genuine agricultural operations; to implement programs which increase agricultural returns, reduce farm costs, and establish stability and a long -term investment horizon; and to investigate the use of tax devices to shift idle land back into agriculture. 1.4 OPEN SPACE SYSTEM 1.4.1 The Open Space System consists of Waterfronts, the Oak Ridges Moraine, Major Open Space Areas and Regional Recreation Nodes, which are designated on Map 'A'. The Open Space System in the Rural Area shall be linked with the open spaces and parks within Urban Areas. 1.4.2 The predominant use of lands designated as the Open Space System shall be for conservation and reforestation. Other uses and activities such as agricultural uses, the raising of horses, nurseries, riding and boarding stables, kennels, mink and sod farms and recreational uses, may also be allowed in the Open Space System provided that such uses do not detract from the character and function of the Open Space System, are compatible with surrounding uses and do not unduly restrict or conflict with the predominant permitted uses within the Open Space System. 1.4.3 The Open Space System shall be protected for its ecological benefits as a groundwater resource area and habitat for plant and wildlife, its role in flood and erosion control, and its scenic, recreational and economic values. 1.4.4 Significant forests shall be maintained and, where possible, tree cover shall be re- established. 1.4.5 The natural attributes and character of river valleys shall be retained and enhanced as linear open spaces linking various components of the Open Space System. 1.4.6 Significant wetlands shall be identified and protected•.from encroachment by incompatible land uses. 1.4.7 Where lands designated as the Open Space System are under private ownership, it shall not be construed that these lands shall be free and open to the public nor that they shall be acquired by the Region or any area municipality. 1.4.8 Waterfronts along Lakes Ontario, Scugog and Simcoe in the Rural Areas shall be preserved as significant Regional resources and landscape elements. Opportunities for public access to the Waterfronts and views of the lakes shall be maximized. i :D b I. 1.4.9 The Oak Ridges Moraine shall be protected for its special natural and scenic features, its role as a predominant landscape element in the Region, its significance as a source of high potential mineral aggregate resources, its outdoor recreational opportunities and its role as a groundwater recharge area. 1.4.10 Major Open Space Areas adjacent to urban areas shall serve to separate and define the boundaries of urban areas and shall be protected from intrusion of urban uses. 1.4.11 Recreational uses within the Open Space System shall be oriented toward land and water resources rather than the building of major structures. Recreational uses of Regional scale serving residents of the Region and visitors from outside the Region shall be accommodated in Regional Recreation Nodes designated in this Plan. 1.4.12 A limited number of industrial parks may be permitted in the Oak Ridges Moraine provided that appropriate policies and designations have been incorporated in the local official plan of the respective area municipality and Regional Council is satisfied that such use: a) is appropriate in a rural location and has frontage on a provincial highway or Regional road; b) is compatible with surrounding uses and does not unduly restrict or conflict with the predominant permitted uses in the Open Space System; c) is not located on highly productive agricultural lands; d) is of a dry nature which does not require water as part of the industrial operation and is adequately serviced with water supply and sewage disposal facilities to the satisfaction of the authorities having jurisdiction; and e) will be zoned in the zoning by -law in a special zoning category for that use. 1.4.13 All authorities having jurisdiction shall be encouraged to use the Open Space System designated on Map 'A' as a guide for the acquisition of land and the establishment of priorities related to conservation, reforestation and recreation. 1.4.14 Regional Council shall endeavour'to establish and expand Regional forests, as well as other wooded areas within the Region in cooperation with the provincial government and the respective land owners. 1.4.15 The reforestation of marginal or abandoned farmland through improvement programs administered by the Ministry of Natural Resources and /or the conservation authorities shall be encouraged. 1.4.16 Lands adjacent to watercourses shall be buffered by a strip of self - sustaining natural vegetation along both sides of a watercourse to protect wildlife and fisheries habitat. n� 67 ( "I.. C' 7 1.4.17 Protection and acquisition of significant wetlands and adequate buffers by the Ministry of Natural Resources and /or the conservation authorities shall be encouraged. 1.4.18 The area municipalities, in cooperation with other appropriate public agencies, and the property owners affected, are encouraged to prepare and adopt waterfront plans and Regional Council shall coordinate overall planning of the Waterfronts. 1.4.19 Regional Council shall support and cooperate with senior levels of government and other authorities having jurisdiction in all necessary measures to reduce pollution and improve the quality of the water in Lakes Ontario, Scugog and Simcoe. 1.4.20 Prior to the adoption of zoning by -laws to implement permitted uses within the Oak Ridges Moraine, Council of the respective area. municipality shall ensure that the uses will: a) enhance the natural features within the Oak Ridges Moraine; b) be compatible with other permitted uses within the Oak Ridges Moraine; c) provide opportunities for public access; and d) not have an adverse impact on the Oak Ridges Moraine as a groundwater recharge area. e) be developed in accordance with the provisions of the Environment Section. 1.4.21 Prior to the adoption of zoning by -laws to implement permitted uses within Regional Recreation Nodes, Council of the respective area municipality shall ensure.that the uses will: a) enhance the natural environment; b) not preclude unrestricted access to natural features by the public; c) provide for landscaping and design features which ensure that the node is well - integrated with adjacent land uses and complements natural features; d) be adequately serviced with private water supply and private sewage disposal facilities and roads to the satisfaction of the authorities having jurisdiction; e) be developed in accordance with the provisions of the Environment Section. , 1.5 MINERAL AGGREGATES NOTE: It is proposed that existing Section 4 - Mineral Aggregates of the Durham Regional Official Plan, as shown in the Appendix, be retained in its entirety except for format changes; inclusion of a policy to support provincial legislation to allow adequate compensation for negative imapcts of transportation of mineral aggregate on regional roads; and housekeeping changes to delete mineral aggregate resource extraction areas which have been completed as proposed in Schedule I. 599 68 8 1.6 RURAL SETTLEMENTS 1.6.1 Rural settlements include Hamlets, Residential Clusters, Estate Residential Shoreline Residential and Farm - Related Residential uses. 1.6.2 Non —farm uses in Rural Areas shall be encouraged to locate in Hamlets _ which shall be developed for mixed uses, consisting primarily of residential uses and limited commercial, industrial and community uses and shall have a safe supply of drinking water and shall not cause soil and water pollution. 1.6.3 With the exception of existing lots of record, existing clusters of dwellings, existing estate residential and a limited number of new estate residential developments, designated Shoreline Residential Areas, retirement lots and surplus farmhouses as a result of farm consolidation permitted in accordance with other provisions of this Plan and any provisions in the respective local official plan and /or Zoning by -law, no new non -farm residential uses shall be allowed in the Rural Areas outside of Hamlets. 1.6.4 Hamlets 1.6.4.1 Map 'A' shows the general location of Hamlets with an indication of the potential number of residential units and the type of servicing in each Hamlet. 1.6.4.2 The Region shall undertake a study to examine appropriate water supply and sewage disposal services in Hamlets. Prior to the completion of the servicing study and the incorporation of appropriate amendments in this Plan, the following policies shall apply. 1.6.4.3 Development within Hamlets shall be individually serviced with private drilled wells and private waste disposal systems which comply wi.th the standards of the Ministry of the Environment, as amended from time to time, and as administered by the Medical Officer of Health or otherwise. However, without an amendment to this Plan, the Region may consider allowing communal water supply, or the extension of municipal water supply to a Hamlet subject to the following: a) the feasibility of providing such water supply facilities; b) the property owners involved entering into necessary servicing agreements with the Region and paying their respective share of the cost of the water supply facilities; c) soil and groundwater conditions enable the effective op.eration of private waste disposal systems with no adverse effect on the soil and groundwater conditions of surrounding lands and the water quality of adjacent streams; d) a monitoring program as defined by the Region has been established to determine the cumulative effect of the various stages of development of the Hamlet on the capacity of the water supply facilities and soil and groundwater conditions; 6 9 e) no development shall be permitted if the capacity of the water supply facilities is' reached or soil and water contamination which cannot be mitigated are identified through the monitoring program. 1.6.4.4 Infilling and /or minor additions to existing development to a maximum of ten percent of the number of residential units in the Hamlet at the time of adoption of this Plan may be permitted provided that a hydrogeological study has been prepared confirming that the development will have no adverse impact on the supply of water or the soil and groundwater conditions of adjacent properties. 1:6.4.5 Major development in a Hamlet up to its maximum bpotential number of that residential units as shown on Map ' fl a hydrogeological study has been prepared for the entire Hamlet confirming that the development will have no adverse impact on the supply of water or the soil and groundwater conditions of the Hamlet and surrounding areas. 1.6.4.6 Hamlets shall be developed uiringhnewm preserve development to complement by existing historical character by building types and street layouts. 1.6.4.7 The development of Hamlets in depth rather than in strips shall be encouraged. To facilitate future in -depth development, rights -of -way should be obtained by the Council of the respective area municipality at appropriate intervals to provide eventual access to lots behind existing development. Wherever possible, the Council of the respective area municipality shall obtain such rights -of -way in the course of approving plans of subdivision and consents for land severances. 1.6.4.8 Appropriate designations and policies for Hamlets shall be incorporated in a local official plan prior to new development taking place with the exception of new development in the form of infilling and /or minor additions as provided for in Policy 1.6.4.4 above. 1.6.4.9 Development within Hamlets shall proceed by an application for consent or a plan-of subdivision and shall be accompanied by a hydrogeological study based on test drilling prepared by a qualified engineer which confirms: a) an adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system on each of the proposed lots; b) an adequate separation between the water table and septic tile fields; C) the proposal has no adverse impact on existing development and the natural environment; and d) the number and size of the lot(s) proposed are appropriate. 599 70 10 I 1.6.4.10 Development other than infilling and /or minor additions may be permitted in hamlets if: a) a hydrogeological study based on test drilling has been prepared by a qualified engineer for the entire Hamlet confirming that the Hamlet, including existing developed areas can be individually serviced with private drilled wells and private disposal systems which comply with the standards of the Ministry of the Environment, as amended from time to,time, and as administered by the Medical Officer of Health or otherwise; and b) appropriate designations and policies for the development of the Hamlet have been incorporated in the respective local official plan taking into consideration the following: i) the results of the hydrogeological study as provided for in a); ii) the existing social and economic character of the hamlet; iii) the demands upon the social and community services provided by the Region and the respective area municipality; iv) the resource capabilities and use of adjacent lands; v) the proximity to Urban Areas and their likely direction of growth; and vi) such other conditions as Council deems necessary. 1.6.4.11 In preparing appropriate policies to allow for development in a Hamlet which is located on a municipal boundary, the Council of the respective area municipality shall consult with the Council of the neighbouring municipality. 1.6.4.12 Regional Council shall monitor toe impact of growth in Hamlets in order to preclude cumulative groundwater problems which might arise as a consequence of development. 1.6.5 Residential Clusters 1.6.5.1 Existing Residential Clusters may be delineated in a local official plan and /or zoning by -law and shall contain the following characteristics: a) the group of existing dwellings is distinct and separated from the surrounding land uses and is of a size so as not to be considered as scattered development; b) the entire cluster, including areas proposed for development, is identified in the local official plan and /or zoning by -law. Once defined, the boundary shall not be extended; c) the existing dwellings are on lots which are generally 1 ha or less; 599 71 d) the existing dwellings do not have frontage on a Provincial Highway or Type "A" arterial road; and e) development within the cluster is compatible with surrounding uses. 1.6.5.2 Limited residential development within Residential Clusters may be permitted by infilling between two existing dwellings or in exceptional circumstances, by adding one lot between an existing dwelling and the boundary of the cluster as delineated in the local official plan and /or zoning by -law. 1.6.5.3 Development within Residential Clusters shall be individually serviced with a private drilled well and a private waste disposal system which complies with--the standards of the Ministry of the Environment, as amended from time to time and as administered by the Medical Officer of Health or otherwise. 1.6.5.4 Infilling within Residential Clusters shall proceed by an application for consent and shall be accompanied by a hydrogeological study based on test drilling prepared by a qualified engineer which confirms: a) an adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system on each of the proposed lots; b) an adequate separation between the water table and septic tile fields; c) the proposal has no adverse impact on existing development and the natural environment; and d) the number and size of the lot(s) proposed are appropriate. 1.6.6 Estate Resi denti al 1.6.6.1 Estate residential development refers to planned, large lot residential subdivisions which are located in the Rural Areas. Such uses are generally discouraged and shall only be permitted by amendment to this Plan. 1.6.6.2 Estate residential development shall not be noticeable in the Region's landscape and shall not detract from the natural environment or require significant alteration of the topography, watercourses or vegetation. 1.6.6.3 Estate residential development shall be distinct and well - separated from Urban Areas, Hamlets and other estate residential development. 1.6.6.4 An estate residential development shall have a maximum of 30 lots and a maximum area of 20 hectares and smaller subdivisions shall be encouraged. 1.6.6.5 Lots within an estate residential development shall be varied and shall generally range from 0.5 to 1.0 hectare in area. 599 72 12 1.6.6.6 Estate residential development shall be serviced with an internal road system, generally with a minimum of two access points and shall not have direct access onto a Type 'A' Regional Road or Provincial Highway. 1.6.6.7 Estate residential development shall not be located in: a) lands of high capability for agriculture, conservation and recreation, forestry or mineral extraction; b) areas affected by existing or proposed highways, airports, railways, hydro transmission lines and other utilities; and c) areas affected by the Agricultural Code of Practice or areas which would restrict the agricultural use of surrounding properties. 1.6.6.8 Lots within estate residential development shall be individually serviced with a private drilled well, and a private waste disposal system which complies with the standards of the Ministry of the • Environment as amended from time to time and as administered by the Medical Officer of Health or otherwise. 1.6.6.9 An application for estate residential development shall proceed by a plan of subdivision and shall be accompanied by: a) a hydrogeological study based on test drilling prepared by a qualified engineer which confirms: i) an adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system on each of the proposed lots; ii) an adequate separation between water table and septic the fields; iii) the proposal has no adverse impact on existing development and the natural environment; and iv) the number and size of the lot(s) proposed are appropriate. b) a detailed landscape analysis of the site and adjacent properties undertaken by a qualified expert indicating both the visual and physical complexity of the site. This analysis shall form the basis of the design of the estate residential proposal. 1.6.6.10 In the areas identified on Map "A" and described in Schedule. 2, estate residential development may be permitted. 1.6.7 Shoreline Residential Areas 1.6.7.1 Shoreline Residential Areas refers to areas of permanent and seasonal dwellings oriented to adjacent water bodies. 1.6.7.2 Map 'A' indicates the general location of Shoreline Residential Areas along the Lake Simcoe and Lake Scugog Waterfronts. 599 73 13 1.6.7.3 Development in Shoreline Residential Areas shall be limited to infilling of existing development. Minor additions to existing development may also be allowed in Shoreline Residential Areas provided that appropriate designations and policies have been incorporated in the respective local official plans. 1.6.7.4 Development in Shoreline Residential Areas shall not preclude public access to the waterfront, result in soil and water contamination or adversely affect the water quality of the adjacent waterbody. 1.6.7.5 Development in Shoreline Residential Areas shall have frontage on and direct access onto a public road and shall not contribute to additional demands for public services which are not feasible or economical to provide or maintain. 1.6.7.6 Development in Shoreline Residential Areas shall be restricted to the areas abutting the public road parallel and immediately adjacent to the shoreline. 1.6.7.7 Development in Shoreline Residential Areas shall be individually serviced with a private drilled well and a private sewage disposal - system which complies with the standards of the Ministry of the Environment as amended from time to time and as administered-by the Medical Officer of Health or otherwise. 1.6.7.8 Shoreline residential development shall proceed by an application for consent or a plan of subdivision and shall be accompanied by a hydrogeological study based on test drilling prepared by a qualified engineer which confirms: a) an adequate supply of potable water and soil conditions satisfactory for the effective operation of a private waste disposal system on each of the proposed lots; b) an adequate separation between water table and septic the fields; c) the proposal has no adverse impact on existing development and the natural environment especially the water quality of the adjacent waterbody; and d) the number and size of the lot(s) propo5e4 are appropriate. 1.6.8 Farm - related Residential 1.6.8.1 A consent may be granted fora lot containing an existing farmhouse provided that the farm is to be merged with an abutting farm property for farm consolidation purposes and such a dwelling is not needed for a farm employee. 1.6.8.2 A consent for a lot for retirement or a family member employed on the farm is not permitted. 599 74 14 1.6.8.3 A retiring farmer shall be encouraged to remain on the farm in an accessory dwelling or relocate in Hamlets or Urban Areas. 1.6.8.4 As an exception, a consent may be granted by amendment to this Plan for one retirement lot only from the total farm holdings of a person provided that: a) the person has spent over three- quarters of his /her working time on farming and obtained over three - quarters of his /her net income from farming over the last 20 years of his /her working life; b) he /she satisfies Regional Council that he /she: i) is of retirement age, ii) is retiring from working life, iii) will reside on the retirement lot, and iv) is selling the severed lot for farming purposes; c) the agricultural parcel: i) is used for food production, ii) is 40 ha or greater in size, iii) has been owned, resided on and actively farmed for 20 years or greater by the retiring person; d) the retirement lot: i) is generally located in the least productive portion of the agricultural parcel, ii) is in compliance with the Agricultural Code of Practice as amended from time to time, iii) is to be individually serviced with a privately drilled well and a private waste disposal system which-complies with the standards of the Ministry of the Environment as amended from time to time and as administered by the Medical Officer of Health or otherwise, and iv) is not larger than necessary to satisfy d)iii) above and generally does not exceed 0.5 ha in area; and e) once a severance for retirement or of a farmhouse as a result of farm consolidation purposes has been granted for a person, no further severance for such purposes shall be granted to the person or on his /her farm holdings. 599 75