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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.
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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.
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REPORT NO.: PD- 173 -89
3.2 Oven Space System
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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
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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
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REPORT NO.: PD- 173 -89 PAGE 6
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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.
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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.
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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;
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REPORT NO.: PD- 173 -89 PAGE 9
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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
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REPORT NO.: PD- 173 -89 PAGE 10
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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.
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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.
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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
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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;
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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
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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
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3
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4
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7
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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.
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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.
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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.
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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.
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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;
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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.
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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;
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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.
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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.
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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.
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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.
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