Township of Gauthier Official Plan

Transcription

1 Township of Gauthier Official Plan May 18, Hearst Street North Bay, Ontario P1B 8Z2 Tel: Toll Free:

2 Table of Contents 1. The Plan, Its Purpose, Interpretation The Official Plan Purpose of the Plan Interpretation Community Development Introduction Goal Statement Objectives Land Use Designations General Planning Principles Town Site Community Improvement Compatibility Rural Area Rural Development Principles Rural Residential Land Division Transportation Infrastructure Corridors Coordination Natural Heritage Natural Heritage Areas and Features Cultural Heritage Cultural Heritage and Archaeology Natural Hazards Natural Hazards Flood Plains Erosion Hazardous Lands Planning Resource Kit Planning Applications i

3 6.2 Building Code Act Property Standards Amendments to the Official Plan Public Works Acquisition of Land Community Improvement Zoning by-law Holding By-law Interim Control By-laws Temporary Use By-laws Site Plan Control Parkland Dedication Non-Conforming Uses Land Division, Part-Lot Control and Deeming Mine Hazard Contaminated Lands Accessory Uses Lots of Record Ministry of the Environment Guidelines Land Use Schedule A ii

4 1. THE PLAN AND ITS PURPOSE, INTERPRETATION 1.1 The Official Plan The Official Plan of the Township of Gauthier sets out the goals, objectives and policies to guide growth and development within the Township for the next 20 years. The following text, diagrams and the Land Use Plan Schedule shall constitute the Official Plan (Plan) for the Township of Gauthier. The Plan applies to all lands within the corporate boundaries of the Township of Gauthier. The Official Plan was prepared to be consistent with the Provincial Policy Statement, (2005) and to reflect the intent of the Planning Act. 1.2 Purpose of the Plan The Official Plan is the first Plan for the Township of Gauthier. The Plan was prepared following a consultation process with the public, Aboriginal community and the Provincial government. Council s objective for the new Plan is to create positive, sustainable and healthy growth. The Plan is not viewed just as a land use document but also sets out the building blocks for economic development and community improvement. Key to the preparation of the Official Plan was to develop a solid information base. The Township of Gauthier Community Profile, 2009 was prepared as the background document to the Official Plan. The Community Profile brings together in one document, important information about the Township. Through the assembly and analysis of population, housing, employment, land uses, community services, infrastructure, heritage, natural resources and many other features, growth trends can be determined and opportunities for development can be identified. The Community Profile is a reference document that serves as the background for formulating the goals, objectives and policies of the Official Plan. The purpose of the Official Plan is to identify the resources, capabilities, opportunities and constraints of the land and the community as the basis for policies to guide growth and development, the stewardship of the natural environment, and the wise management of the natural resource base. The Plan provides the legislative framework to implement the community s vision for its future. Specifically, the purposes of this Plan are: a. To create a positive land use planning environment that will provide for a population of up to 200 within the 20-year life of the Plan. b. To build a vision for the future of the Township which is agreed upon generally by the community and which the community has an active role in implementing. c. To create a community that has a positive image of itself and is attractive to residents, visitors and investors alike. d. To create a forum for communitybased dialogue in the design, implementation and review of the Plan. e. To develop a land use planning process that maximizes compatibility and minimizes

5 conflict between different land uses. f. To build a Township with a strong identifiable settlement area (Town Site of Dobie) and a diversified and well managed rural resource base. g. To ensure that future development and land use planning decisions in the Township are in keeping with the goals, objectives and policies of this Plan. h. To protect resources of provincial interest, public health and safety and the quality of the natural environment through the policies of this Plan and through consultation with Provincial agencies. i. To ensure that the decisions on development applications take into account the planning interests of the province, the Aboriginal community and adjacent municipalities

6 1.3 Interpretation: Applications for development and procedures set out or affecting this Plan shall be governed by the following interpretation policies: Planning Act - Authority for preparing an Official Plan as defined in Section Provincial Policy Statement (PPS) and Provincial Plans - Decisions of Council and approval authorities shall be consistent with the PPS and shall conform to provincial plans and have regard to provincial interests - Some words and phrases used in the Township of Gauthier Official Plan are and shall be interpreted as the same ones defined in Section 6.0 (Definitions) of the PPS Affiliated Legislation and Regulation - Legislation, regulations and technical documents referred to in the Township of Gauthier Official Plan shall mean the most current version Township of Gauthier Official Plan Applications for Development - Pre-consultation with Township is mandatory - Applications shall be complete and where required shall be accompanied by studies or information needed to support the applications by the approval authority - Numbers of copies will be specified by the Township - All studies shall be prepared by qualified professionals in the area of expertise required - The applicant shall bear the cost of any study and any required peer review - Applications may be refused where incomplete, do not comply with this Plan or are inconsistent with the PPS, or application fees are unpaid - Applications and supporting studies and information are public documents unless withdrawn by the applicant before processing - Notices affirming a complete (incomplete) application will be distributed to the prescribed agencies and the applicant within 30 days. The Township may require and request additional information after affirmation where deemed necessary to determine compliance with this Plan and the PPS Application Review and Consultation - The Township may seek technical input, advice or a peer review on any study or information received - The Township will advertize and hold the prescribed public meeting and where required an open house. Additional meetings will be at the Township s discretion - Applications will be reviewed within the time lines prescribed by the Planning Act - Township and Provincial Planning reports, peer reviews and related correspondence are considered public documents Decisions and Approvals - A Notice of Decision will be issued or a Notice of Refusal with written reasons will be issued - The Township or an approval authority may impose conditions of and for approvals wherever authorized by this Plan or the Planning Act or other enabling legislation Applies to all lands within the Township of Gauthier - The Plan consists of the text and the Land Use Plan Schedule. Appendices provide supporting but non-binding information - Will guide growth and development for twenty years from the date of approval - Shall be revised every five years in accordance with Section 26 of the Planning Act - Reference will be made to original documents where necessary in interpreting the boundaries or limits of features, designations and constraint areas illustrated on the Land Use Plan or text described in the Plan - Boundaries of land use designations and other features on the Land Use Plan are considered approximate except where specifically bounded by a road, rail line Township boundary or other distinctive boundary and an amendment to the plan will not be required for minor adjustments where the intent of the Plan is upheld - Figures and numerical quantities in this Plan are considered approximate unless otherwise stated and variances from the figures are permitted where the intent of the Plan is upheld - Permitted land uses are not intended to be limited to those prescribed where a range of uses is anticipated - The use of land, buildings and structures normally accessory to a permitted use are permitted even though not stated in the Plan - Legal non-conforming uses are permitted to continue - Amendments to this Plan are not required for spelling, grammar, formatting, renumbering, typographic errors, or a consolidation - This Plan may be amended from time to time by Council or by application in response to changing circumstances or proposed development 3

7 2. COMMUNITY DEVELOPMENT 2.1 Introduction The Township of Gauthier is a rural township municipality centered Dobie, a small town site that dates to its genesis as a gold camp in the 1930s. The rural area surrounding Dobie is notable for the value of its natural resources such as minerals, mineral aggregates and timber. With very limited development in the rural area, there are no significant land use conflicts between resource and nonresource related development. Dobie is predominantly a residential community with limited services. Residents depend on Kirkland Lake for commercial, institutional and community services. Township residents are primarily employed in resource based industries or have remained or returned to retire in the community. Within the settlement area of Dobie, there are opportunities for residential development through infill on vacant lots. 2.2 Goal Statement To design and develop a community which is safe, visually pleasing, and provides opportunities for new development that is adequately serviced and conserves the value and resources of the natural landscape and the environment. 2.3 Objectives To provide for a mix of land uses within a predominantly residential community. To provide sufficient land for projected population, housing and community development where growth will be centered on the town site of Dobie. To provide for orderly, cost-efficient, and compact development. To ensure that all development is appropriately serviced with municipal and other infrastructure and public service facilities. To avoid or resolve land use conflicts. To conserve natural and cultural heritage resources 4 To provide for a 20 year time horizon 2.4 Land Use Designations Land use designations within the Township include: a. Town Site b. Rural Area c. Extractive Resources All other features such as the natural environment and natural hazards are considered to be a constraint overlay and subject to the policies of the relevant Sections of this Plan. The spatial area of all land use designations are shown on the Land Use Plan Schedule to this Plan. 2.5 General Planning Principles Development in any land use designation will only be permitted where there is sufficient or planned capacity available in the municipal and other infrastructure including: a. Roads b. A Water and Sewage Service c. Waste Disposal

8 d. Stormwater and Drainage Facilities e. Utilities All development will be adequately serviced with water and sewage services and stormwater facilities. Within the Town Site development will be permitted on individual water services; however, new dwellings and other uses will be required to connect to municipal sewage services. Development will be permitted on individual water and sewage disposal services in the Upper Canada subdivision on Upper Canada Drive only (e.g. outside of the limits of the municipal sewage service). Development will only be permitted where adequate capacity is available using Ministry of the Environment Guidelines (see Planning Resource Kit). Stormwater facilities will be designed and constructed using best management practices. The Township proposes to improve stormwater facilities that service the Town Site. The Township will work with the Township of Larder Lake to ensure that the shared waste management facility has adequate capacity to accommodate future development or that a replacement facility is mutually planned for. The Township will ensure that reserve capacity is available at all times for hauled sewage from private and the municipal sewage treatment system. Development approvals will also consider whether public service facilities are available and have adequate capacity (e.g. emergency services, library, and schools) Studies or information may be required to support an application for development (see Planning Resource Kit and Section 1.3 Interpretation) Lots shall be of an adequate size for the intended development (e.g. all buildings and accessory uses, buildings and structures, any proposed expansion or enlargement of an existing use, building or structure, any required setbacks or separation distances, any well or sewage disposal system, any requirements for off-street parking, 5 loading, landscaping or buffering, storage) Land uses shall be compatible or made to be compatible with surrounding land uses (see Sections 2.8 and 6.20) New development, whether it be commercial, residential, industrial or institutional, will be required to meet basic accessibility requirements such as accessible entrances and exits, and the provision of barrierfree parking spaces Noise and vibration, and air quality studies will be required, where necessary to ensure land use compatibility amongst conflicting land uses and activities. (Examples include residential uses and industries, rail lines, and highways.) (See Sections 2.8 and 6.20). 2.6 Town Site The intent of this plan is to designate Dobie as a Town site. The boundary of the Town Site is considered to be the limits of the 20 year settlement area where urbantype development will be focused.

9 Within the Town Site as designated on the Land Use Plan Schedule, a mix of land uses will be permitted and encouraged. Low density residential uses will be the predominant land use (i.e. single detached dwellings, two unit dwellings and apartments-inhouses). A multiple residential dwelling may also be permitted where compatible in height and scale with adjacent low density land uses Other permitted land uses will include convenience commercial services (i.e. convenience store), retail service and public service uses such as a park, skating rink, playground, sports field, library, fire hall, community hall, community mail boxes. Public and private utility services are also permitted Accessory uses may include a bed & breakfast establishment and a home based business provided they are located in a dwelling (no outdoor storage is permitted) and do not create a nuisance to nearby property owners by virtue of noise, traffic or odours. Automotive and engine repair or maintenance services, welding services, contractors or trade s yards will not be permitted in the Town Site Development will be directed to existing lots of record (intensification) and vacant parcels of land within the Town Site (i.e. on McPherson Street, McKay Street, George Street, Laut Avenue Brown Avenue and Upper Canada Drive). Preference for development will be given to lots which front on an open public road and which can easily connect to the municipal sewage service. Convenience commercial uses, a retail service and home based businesses may also be integrated with residential uses along McPherson Street provided they are compatible with surrounding land uses. Development shall only be permitted on a year-round maintained public road Lots will be designed to accommodate the main use, any accessory uses, and potential future expansion and associated infrastructure requirements. The zoning by-law will set out the 6 minimum standards for a lot area and setbacks Council will encourage the consolidation of at least two lots (in Plan M-133) for the development of any non-residential use or as otherwise required by the zoning bylaw. 2.7 Community Improvement Council may use the authority of Section 28 of the Planning Act to undertake community improvement in the Town Site. Community improvement may be used to rehabilitate, improve or install infrastructure (e.g. roads, sidewalks street lighting, stormwater and drainage facilities, sewage services); to beautify or enhance the Town Site (e.g. benches, waste receptacles, landscaping and shade trees, parks, playgrounds, sports facilities); measures to improve energy conservation and water conservation; and to provide facilities for the disabled. Council may use financial incentives for retrofitting brownfield sites, where applicable and to encourage improvements to private properties.

10 2.7.2 Council may designate the Town Site as a community improvement project area and adopt one or more community improvement plans. Council may acquire land, clear or grade land and issue grants, loans or tax assistance towards eligible costs, and construct, improve or repair buildings in accordance with a community improvement plan and the authority of the Planning Act Council will pass a property standards by-law under Section 15 of the Building Code Act as a means to maintain all buildings in good repair, to provide for the maintenance of yards, and to provide for the removal of derelict vehicles, junk and any other materials or goods which constitute a threat to public health, and safety, fire safety or the natural environment. (Note: the Property Standards By-law is intended to apply to all properties in the Township.) This section is not intended to limit Council from undertaking any improvements or a program of beautification where a community improvement plan is not required. 2.8 Compatibility As a measure of land use compatibility, habitable buildings will be set back beyond the buffer zone (100 m) of the limits of the sewage treatment facility and will be setback an appropriate distance from the rail Line or any industrial use. New development or the expansion of existing development within or near the Town Site will only be permitted where it is compatible with land uses in the Town Site (see Section Planning Resource Kit). Development of an industrial or sensitive land use within an influence area may only be permitted where technical studies indicate the absence of a problem or where it can be mitigated or prevented to the level of a trivial impact (i.e., no adverse effect). An influence area describes an area where an adverse affect may be experienced by a sensitive land use. Potential influence areas of industrial uses are set out within the Ministry of the Environment s D-6 Guideline. These are: Class I 70 m (229.6 ft.); Class II 300 m (928.4 ft.); and 7 Class III 1,000 m (3,280.8 ft.). The recommended minimum separation distances between an industrial use and a sensitive land use are: Class I 20 m (65.6 ft.); Class II 70 m (229 ft.); Class III 300 m (984.2 ft.). The actual influence area (as determined through study) may be lesser or greater than the potential influence area distances mentioned above. The potential influence area of an aggregate operation is 1,000 m (3,280.8 ft.), until studies prove otherwise. Development within 1,000 m (3,280.8 ft.) of a stationary noise source or vice versa, will require a noise feasibility study. No development shall be permitted within 30 m (98.4 ft.) of the perimeter of a fill area of an operating or closed landfill or dump. Development proposed within 500 metres of the perimeter of the fill area of an operating or closed landfill site shall be supported by studies, including but not necessarily limited to, methane gas and leachate studies

11 and land use compatibility studies to address issues such as noise, odour, dust, vector and vermin. The 500 metre influence areas of waste disposal sites are depicted on Schedule A. 2.9 Rural Area The Rural Area as identified as a land use designation on the Land Use Plan Schedule will be conserved for the management or use of natural and renewable resources, principally minerals, mineral aggregates, forestry, natural heritage, agriculture and water, and infrastructure and public service facilities appropriate to the rural setting (e.g. waste management facilities, communication towers, energy facilities, recreation trails). Limited residential development is also permitted (see Rural Residential) Policies for land use and other activities listed above are found in this Plan as follows: a. Extractive Resources b. Minerals c. Agriculture d. Forestry e. Rural Residential Land uses permitted in the Rural Area other than those listed above may include: a. Public Service Facilities only in limited circumstances where the proponent can provide justification for such facilities and provided they cannot be located in the Town Site. b. Kennels for commercial breeding or boarding on lots large enough to provide a minimum separation distance of 300 m to a residential use on an adjacent property or the nearest property boundary of a lot zoned to permit a residential use. c. Communication facilities where they meet Industry Canada standards and appropriate consultation protocols. d. Wayside pits and wayside quarries for public authority contracts will 8 be permitted without an amendment to this Plan or to the zoning by-law. Wayside operations are permitted in the Rural Area land use designation of the Plan except for an area of particular environmental sensitivity or in the Town Site. e. Portable asphalt and portable concrete plants are a permitted use in the Extractive Resources and Rural Area land use designations, but are not permitted in the Town Site, an area of existing development, or an area of particular environmental sensitivity. f. Existing uses including industrial uses. g. Traditional land uses practiced by Aboriginal community. h. Infrastructure required to service the Rural Area or which extends through the Township (e.g. rail and highway infrastructure corridors). Note that the Rural Area land use designation is overlain by other land

12 use features (i.e. crown land, forest management area, wetlands etc.) which are intended to illustrate areas where other policies of this Plan apply Rural Development Principles Development will only be permitted which can be sustained by rural service levels and which is compatible with adjacent land uses. All development shall front on a yearround-maintained public road (except for infill on existing lots of record on an existing private road). Development will only be permitted where it can be adequately serviced with individual on-site sewage services and individual on-site water services and where site conditions are suitable for the long-term provision of such services. Where lot creation is permitted, the proponent shall demonstrate, by submission of a report, that there is reserve sewage system capacity available for any hauled sewage generated by the development. Partial or communal services will not be permitted Resort or recreation-based uses such as a lodge, tourist outfitter, marina, or golf course may be permitted where the proponent demonstrates that the use will be compatible with surrounding land uses and the character of the rural landscape Parks, conservation areas, boat launches and other resource lands and facilities governed, operated or administered by the Crown or the Township are permitted The minimum distance separation formulae of the Ministry of Agriculture Food and Rural Affairs shall apply to new land uses, new or expanding livestock facilities and to new lot creation where applicable The types of industrial uses permitted will be resource-related (e.g. mining and mineral aggregates, forest products industries, agriculture). Dry-industrial type uses will be encouraged (i.e. uses that generate less than 10,000 litres of domestic waste per day and uses that do not produce industrial liquid wastes or that use a significant quantity of water in the processing, 9 cooling, cleaning or making of a product.) In the event that a proposed use does not meet these criteria, a reasonable use assessment shall be conducted in accordance with Ministry of the Environment Guidelines (see Section 6.20). Salvage yards are not permitted. New industrial uses will only be permitted by amendment to the zoning by-law where demonstrated by the proponent that the use can be made compatible with surrounding land uses. Existing industrial uses may be expanded where the use is compatible or can be made compatible with surrounding land uses (see Section 6.20, Planning Resource Kit.) Compatibility measures may include screening, buffering and appropriate separation distances Extractive Resources as identified as a land use designation on the Land Use Plan Schedule will be made available for extraction for local markets where extraction activities can be undertaken in a manner which minimize social and environmental impacts on surrounding land uses.

13 Development will not be permitted in the vicinity of extractive operations, activities or reserves where they would preclude or hinder their use, unless the resource use is not feasible; or the proposed land use or development serves a greater longterm public interest; and issues of public health, public safety and environmental impact are addressed. Conversely, Expansion of existing extractive operations or new operations will not be permitted where they are incompatible or cannot be made compatible with a residential or sensitive land use. Extractive uses should be situated at a minimum distance of 300 m away from sensitive land uses (i.e. residential, park). Progressive and final rehabilitation for extractive operations shall be required to accommodate subsequent land uses, to promote land use compatibility, and to recognize the interim nature of extraction. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. Council may use the authority of the Municipal Act and the Planning Act to govern extractive operations and their impacts on the community (e.g. studies to address noise, dust, haul routes, environmental, and archaeological impacts etc.). Areas which are not identified on the Land Use Plan Schedule will require an amendment to this Plan and where the policies of this section are satisfied Minerals: Council recognizes that the entire Township has an extremely high potential for the discovery of valuable minerals such as gold, copper, kimberlite (diamonds) and other mineral resources. While the Land Use Plan Schedule does not illustrate the potential, the policies of this Plan are intended to recognize, encourage and protect mineral resources for longterm use throughout the Rural Area. The Township will consult with the Ministry of Northern Development, Mines and Forestry on development applications outside of the Town Site to assess whether the proposed development would preclude or prevent the establishment of a new operation or access to the mineral resource unless the mineral resource 10 use would not be feasible or the proposed land use or development serves a greater long-term public interest and issues of public health, public safety and environmental impact are addressed. Mineral mining operations will be protected from development that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. New operations and activities (mines) will be permitted through rezoning where the extractive operations and activities will be compatible with existing land uses and the Town Site (see Planning Resource Kit) Agriculture: agriculture uses will be permitted in the Rural Area including secondary uses and agriculture-related uses provided they are compatible with surrounding land uses (see above) Forestry: most of the land base of the Township is covered by woodlands with variable commercial timber value. The Township recognizes the importance of forestry

14 and the forest products industry to the local economic base. The policies of this Plan are intended to encourage sustainable forest practices by and in partnership with the forest industry. A forest management area is illustrated on the Land Use Plan Schedule as an area set aside for commercial forestry using the Ministry of Natural Resources protocols for management, sustainability and the conservation of natural heritage and archaeological values. The Township may enter into a partnership and/or provide for the management of the area for forest operations. Permitted uses shall be limited to sustainable forest practices, timber harvesting and compatible outdoor recreation activities. Forest products industries will be directed to other areas of the Township in keeping with the industrial policies of Section of this Plan All uses will be appropriately zoned. All non-residential uses, except agricultural uses, and all uses abutting a water body or natural heritage feature will be subject to site plan control. Communication facilities governed by Industry Canada will require an undertaking to ensure that sites have proper access and include security features such as fences or climb-guards Rural Residential Scope: Limited residential uses will be recognized as existing residential uses or permitted as new development including: a. resort or recreation-based residential uses along the shoreline of Victoria Lake and the adjacent Highway 672 corridor in the vicinity of the lake, and along the shoreline of Crystal Lake. b. resource-related accessory dwellings and infill on existing lots of record Development Criteria: Development around Victoria Lake is subject to provincial legislation which seeks to protect the water supply of the Town of Kirkland Lake. Applicants shall consult with both the Town of Kirkland Lake and the Timiskaming Health Unit prior to any development occurring. 11 Development within 300 m (984 ft.) of Victoria Lake may be permitted subject to the following criteria: a. development may occur on existing lots of record or through new lot creation by consent or plan of subdivision provided the number of lots created by plan of subdivision does not exceed five (see Section b. for minimum lot area). b. a hydrogeological study shall be required. A servicing options report shall also be required for a subdivision (see Planning Resource Kit). c. an archaeological assessment shall be required for a subdivision (see Section 4.1.5). d. all development excluding a dock shall be set back a minimum of 30 m (98.4 ft.) from the shoreline of the lake and the setback area shall be retained or restored to a natural state as a vegetation buffer except for an access corridor to the lake.

15 e. the provisions for access will comply with Section and of this Plan. f. The Township may require a lake capacity assessment and an environmental impact assessment as a pre-requisite to considering any development approval Land Division Within the Town Site, consents may be granted in accordance with the following policies: a. The consent shall conform to the Town Site policies of this Plan. b. Consents shall be permitted where the lot area will be large enough or suited to the proposed development. c. Consents may be granted for infilling and small-scale developments for areas that are substantially developed. d. Consents may be granted for assembling land for future uses. e. Consents may be granted for lot enlargement, lot boundary adjustments and title correction purposes Within the Rural Area, consents may be granted in accordance with the following policies: a. The consent shall conform to the Rural Area policies of the Plan. (Note: includes policies for Extractive Resources, Minerals and Rural Residential development.) b. A consent may be granted for a residential lot in the Rural Area where: The proposed lot will not conflict with an existing or proposed resource use. The minimum lot area is 1 ha [2.47 ac.]. c. Consents may be granted for lot enlargement, lot boundary adjustments and title correction purposes Transportation Provincial Highways Highway 66 is recognized as a major highway mainly providing mobility for 12 through traffic while Highway 672 is classified as a minor highway. In addition to all the applicable municipal requirements, all proposed development located in the vicinity of a provincial highway will be subject to the Ministry of Transportation (MTO) approval under the Public Transportation and Highway Improvement Act. Any new areas in the Township identified for future development that are located adjacent or in the vicinity of a provincial highway and/or intersection within MTO s permit control area under the Public Transportation and Highway Improvement Act will be subject to MTO s access management policies, standards and requirements. Direct access will only be allowed where safety and operational requirements are met and alternate access form a public road is not available. Access to provincial highways is restricted and development shall only be permitted where the applicable approvals/permits have been obtained. This may include a traffic study. Any new roads proposed to be connected to a provincial highway are subject to provincial approval

16 including spacing requirements between intersections. Noise and vibration studies may be required prior to considering whether development should be approved within 50 m of a provincial highway. (See Planning Resource Kit.) Township Roads The Township s road network is limited to the streets in the Town Site. These roads provide direct access to properties and distribute traffic from the Town Site to the provincial highway system. The Township will control access, parking, and truck routes as measures to ensure efficient movement of traffic, and pedestrian movement and will establish road construction standards where new Township roads may be required to service development. The Township may require a traffic and drainage studies for development affecting a Township road Private Roads While existing private roads will be recognized as any existing road or right-of-way not maintained by a public authority which provides access to a property, new private road construction will not be permitted. Development on existing private roads as of the date of the adoption of this Plan will be limited to lots of record Railway The function of the railway is important to the economy and wayof-life in north-eastern Ontario. To protect the rail line as a transportation corridor, noisesensitive or incompatible land uses will be directed away from the corridor and/or the impacts of noise will be appropriately mitigated. Noise and vibration studies may be required prior to considering whether development should be approved within 100 m of a rail line. (See Planning Resource Kit.) 2.14 Infrastructure Corridors Infrastructure corridors and rights-ofway for pipelines, power transmission lines, provincial highways and Township infrastructure will be protected from land use development that could negatively affect the use of these corridors Coordination Land use planning decisions affect and are affected by many stakeholders and by shared landscapes and resources. A coordinated, integrated and comprehensive approach to land use planning which considers these and other criteria will lead to more equitable and well-rounded decisionmaking. Therefore Council will work with area municipalities on matters of mutual or overlapping interest (examples include lake capacity on lakes which cross municipal boundaries, economic development initiatives, waste management with respect to shared facilities and facilities whose nuisance impacts may cross a municipal boundary, the conservation of natural heritage systems and cultural heritage resources which may be shared).

17 3. NATURAL HERITAGE 3.1 Natural Heritage Features and Other Natural Areas All natural heritage features and areas and other natural areas within the Township will be protected. Natural heritage features and areas are illustrated on the Land Use Plan Schedule. Highly sensitive features and species at risk are not illustrated although they are considered to be significant natural heritage features and will be considered in reviewing development applications. In reviewing applications which may affect natural heritage features and areas, reference shall be made to the Natural Heritage Reference Manual (see Planning Resource Kit) Natural heritage features and areas consist of the following: a. Wetlands. b. Habitat of endangered species, threatened species, species at risk and wildlife habitat. c. Fish habitat (e.g. spawning areas, feeding areas, migration corridors, cold water lake, and cold water stream). d. Areas of natural and scientific interest (life and earth sciences) Natural heritage features and areas are intended to be conserved or restored to natural state. No development or site alteration will be allowed in significant natural heritage features and areas (i.e. significant wetlands, significant wildlife, significant habitat of endangered species and threatened species and species at risk, significant areas of natural and scientific interest) Development and site alteration will not be permitted in fish habitat except in accordance with provincial and federal requirements Development and site alteration shall not be permitted on adjacent lands to any natural heritage features and areas unless an Environmental Impact Study is completed which demonstrates that no negative impacts will result on the natural features or on their ecological functions Environmental Impact Studies, where required will: a. Evaluate the suitability of the site for the proposed development including an inventory of the natural features and ecological functions present on the site. Identify conditions for development and any potential mitigation measures and monitoring. b. Be subject to a peer review. Pre-consultation with the Township is required to establish the scope of the development proposal, identify the natural heritage and hazard issues to be addressed, detail the accepted methods of evaluating potential impacts, and specify the qualifications of personnel required to carry out these evaluations Forestry practices and woodlot management that respect ecological functions will be encouraged. Selective cutting and pruning to maintain the health of forests and woodlots is permitted. Tree planting

18 and increasing forest cover will be promoted Shoreline areas will be retained or restored to their natural state except for providing a narrow access corridor to a water body. Buildings and sewage disposal systems will be setback from the shoreline in accordance with standards set out in the zoning bylaw Alterations to drainage of natural areas are discouraged and where permitted under the Drainage Act, will respect ecological functions and their features Development will be directed away from surface water features and ground water features except where a hydrogeological study, source water protection study and/or Environmental Impact Study demonstrated that development will not create an adverse effect. This policy shall apply in particular to Victoria Lake, which is the municipal water supply for the Town of Kirkland Lake. 15

19 4. CULTURAL HERITAGE 4.1 Cultural Heritage and Archaeology Heritage: Cultural heritage resources and archaeological sites will be identified and protected through the development review process. Cultural heritage resources include but are not restricted to archaeological sites, cemeteries and burials, buildings and structural remains of cultural heritage value or interest, and human-made rural, village and urban districts or landscapes of historic interest Municipal Heritage Committee: Council may appoint a Municipal Heritage Committee pursuant to Section 28 of the Ontario Heritage Act with responsibility for developing criteria for the potential identification and designation of significant built heritage resources, significant cultural landscapes and the establishment of one or more heritage conservation districts under Provincial Criteria for determining archaeological potential: Known archaeological sites within 250 m Water source (primary, secondary, ancient) within 300 m Elevated topography (e.g. knolls, drumlins, eskers, plateaux) Unusual land formations (e.g. mounds, cavers, waterfalls Resource-rich area (concentrations of animal, vegetable or mineral resources Non-aboriginal settlement (monuments, cemeteries Historic transportation (e.g. road, rail, portage Property protected under the Ontario Heritage Act Local knowledge Recent disturbance (extensive and intensive) the Ontario Heritage Act and to advise and assist Council on matters related to Parts IV and V of the Act. (Examples include buildings and structures associated with the mining industry.) Designation: The Township may designate identified cultural heritage sites under the Ontario Heritage Act Human Remains: The Ministry of Culture, the Ministry of Consumer Services Cemeteries Regulation Unit, the OPP and Aboriginal community will be contacted where human remains or an unmarked burial site or cemetery are discovered Archaeological Resources: Archaeological resources will be conserved by removal and documentation, or by preservation in situ and where preserved in situ the integrity of the site will be maintained where development or site alteration is permitted. An archaeological assessment undertaken by a licensed archaeologist will be required for development or site alteration in areas of archaeological potential based on provincial criteria (see diagram) Protected Heritage Property: Development and site alteration may be permitted on

20 adjacent lands to a protected heritage property where a heritage impact assessment has evaluated the impacts and demonstrates that the heritage attributes of the protected heritage property will be protected. 17

21 5. NATURAL HAZARDS 5.1 Natural Hazards Natural hazards include: a. Flooding b. Erosion c. Hazardous Lands Development shall be directed away from areas of natural hazards Setbacks for buildings and structures from the top-of-bank and water courses will be established in the zoning by-law. Studies may be required to establish setbacks and overcome hazards to development including: Geotechnical Flood proofing 5.2 Flood Plain Development located in or adjacent flood plain areas will be administered through a one-zone flood plain management approach, which includes the entire flood plain bounded by the regulatory flood limit (Timmins Storm) (e.g. Where the one zone concept is applied, the entire flood plain or the entire flooding hazard limit defines the floodway). No buildings or structures (i.e. development or site alteration) are permitted in the flood plain, unless required for flood protection or erosion measures, habitat improvement or are necessary for essential public services and infrastructure. Permitted buildings and structures should be constructed to minimize damage in the event of flooding. 5.3 Erosion Erosion is a natural process affected by water levels, wind soil type, degree of slope, rainfall, storm events and vegetation. Erosion controls on water bodies will be incorporated into measures to reinstate or improve the littoral functions of the shoreline where applicable. 5.4 Hazardous Lands Development shall generally be directed away from lands having significant development constraints such as steep or unstable slopes, organic soils, marshy or low lying lands or unstable bedrock unless the hazard can be overcome using 18 acceptable engineering techniques and where applicable, the standards set out in the Building Code can be met and provided that no adverse environmental impact will result.

22 6. PLANNING RESOURCE KIT Introduction The Official Plan may be implemented through the application of a variety of procedures and legislative tools under the Planning Act, the Municipal Act and other provincial and federal legislation. This Section of the Plan describes those tools and procedures that Council and approval authorities may use to implement this Plan. 6.1 Planning Applications The following diagram provides a synopsis of the planning process for an official plan or zoning by-law amendment. Types of planning applications that may be filed with the Township include: [section of Planning Act shown in ( )] a. Official Pan Amendment (22) b. Zoning By-law Amendment (34) c. Holding By-law/removal of holding symbol (36 d. Temporary Use By-law (39) e. Site Pan Control (41) f. Minor Variance/Permission or extension/expansion. change of non-conforming use (45) g. Consent (53) h. Plan of Subdivision (51) Prior to filing an application, applicants will be required to meet with the Township to ascertain the requirements for the submission of applications (e.g. required studies and information, fees, peer review, agency and public consultation etc.). Applications may be refused or delayed where deemed incomplete for lack of supporting studies. Studies or information which may be required in support of an application will depend on the type of application and the circumstances. Studies or information may include, but are not limited to: a. A source water protection study including surface and groundwater impacts (Section Natural Heritage). b. A geotechnical study for unstable slopes (Section 5.4 Hazardous Lands). c. Drainage/Stormwater Report (Sections 2.5 General Planning Principles, 2.6 Town Site, 2.7 Community Improvement). 19

23 d. Archaeological Assessment (Section Cultural Heritage). e. Heritage Impact Assessment (Section Cultural Heritage). f. Noise and/or Vibration Study (Sections 2.5.7, 2.6.3, , 2.13, and ). g. Traffic Study (Sections Provincial Highways and Township Roads). h. Illumination and Drainage Studies (Section Provincial Highways and Township Roads) i. Air Quality (Section General Planning Principles). j. Land use Compatibility (Sections 2.5.7, 2.8, , , and 6.14). k. Environmental Impact Study (Sections Rural Residential, and 3.1.5, 3.1.6, and Natural Heritage Features and Areas). l. Municipal Servicing capacity report (water, sewer) (Section 2.5 Town Site). m. Hydrogeological Report ( Rural residential, Natural Heritage Features and Areas). n. Minimum Distance Separation (Section Rural Development Principles). o. Mine Hazard Rehabilitation (Section 6.16 Mine Hazard) p. Record of Site Condition (Section 6.17 Contaminated Lands). Applicants shall bear the cost of any study and any required peer review. Studies shall be conducted by qualified persons. 6.2 Building Code Act All construction shall comply with the relevant provisions of the Building Code Act. Despite the provisions of Section 8 of the Act, sewage disposal systems shall be set back a minimum of 30 m from the shoreline of a lake or waterbody; however, studies may demonstrate that sewage disposal systems must be set back further than 30 m. 6.3 Property Standards The Township may enact and enforce a property standards by-law pursuant to Section 15 of the Building Code Act to ensure a high standard of development, maintenance, improvement and occupancy of 20 residential and non-residential properties in the Township. 6.4 Amendments to the Official Plan (Sections 17 and 22) Amendments to this Plan may be initiated by application or by Council in compliance with the requirements of the Planning Act for changes to the substance of the policies of the Plan or for a change in a land use designation. (See also Section 1.3 Interpretation) 6.5 Public Works (Section 24) Public works may only be undertaken where they comply with this Plan. Public works which do not comply shall be governed by Section 24 of the Planning Act. 6.6 Acquisition of Land (Section 25) Council may acquire land for any purpose set out in this Plan and may lease or otherwise dispose of such lands where no longer required. 6.7 Community Improvement (Section 28) The entire Township of Gauthier shall be considered a community

24 improvement area. Council may designate by by-law the whole or any part of the Township as a community improvement project area for the purposes of undertaking community improvement (e.g. repair, replacement, upgrading infrastructure and public service facilities, improving waterfront areas, repairing, retrofitting, rehabilitating, and constructing buildings, rehabilitating brownfield sites, improving or rehabilitating built heritage resources. Council may provide financial incentives under the Planning Act to encourage and facilitate community improvement (e.g. loans, grants). Council may acquire, lease or dispose of land for community improvement purposes (see also Section 2.7). 6.8 Zoning By-law (Section 34) Council will pass a zoning by-law to establish zone standards to regulate the use of land, buildings and structures throughout the Township. The by-law and any amendments thereto shall conform to this Plan. 6.9 Holding By-law (Section 36) A holding symbol may be used in the zoning by-law in connection with any land use zone, in accordance with Section 36 of the Planning Act. The zoning by-law will allow existing uses to continue in areas covered by the holding symbol and will specify the uses to be permitted. A holding zone may be used where the principle of development or land use has been first established. A holding zone may be used to defer development until specified conditions have been met (i.e. to provide adequate infrastructure and public service facilities, to remediate or rehabilitate contaminated or hazardous sites, to limit the use of land in order to achieve the phasing or timing of development, to complete required studies, to ensure that conditions of development or other agreements have been met and to secure financial requirements) Interim Control By-laws (Section 38) Where Council determines that the policies of this Plan do not provide adequate direction for potential 21 development, an interim control bylaw may be passed in accordance with Section 38 of the Planning Act, provided that a resolution setting out the terms of reference for a study or review has been previously adopted Temporary Use By-laws (Section 39) An amendment to the zoning by-law may be passed permitting a temporary use of land or buildings that is otherwise prohibited by the zoning by-law, in accordance with Section 39 of the Planning Act. A temporary use by-law shall be deemed to conform to this Plan, and an amendment to this Plan is not required for a temporary use Site Plan Control (Section 41) For the purposes of Section 41 of the Planning Act, the entire Township of Gauthier Shores as illustrated on Schedule A, Land Use Plan, is designated as a site plan control area. Site plan control may be used and agreements entered into for the construction and/or maintenance of all of the matters set out in Section