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List of Policies and Maps Remaining Under Appeal

LIST OF POLICIES AND MAPS REMAINING UNDER APPEAL – APRIL 30, 2012 – VOLUME 1 – POLICIES

Page

CHAPTER F - IMPLEMENTATION

F-1 F.1-13

1.14.2.2 c) i) Surplus Farm Dwelling Severances

VOLUME 1 – SCHEDULES AND APPENDICES Appendix C (Deferred and appealed)

VOLUME 3 – POLICIES Special Policy Area B Special Policy Area C

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A-1 A-3

i


Table of Contents

TABLE OF CONTENTS Policies

Page

CHAPTER A - INTRODUCTION

A-1

A.1.0 1.1 1.2 1.3 1.4 1.5

HAMILTON’S OFFICAL PLAN Geographic Setting Hamilton’s Future Role and Function of the Official Plan Structure and Organization of the Official Plan Supporting Plans and Strategies

A.1-1 A.1-1 A.1-1 A.1-2 A.1-3 A.1-3

A.2.0 2.1 2.2

STRATEGIC DIRECTIONS Vision 2020 Growth Management 2.2.1 Population Growth for Rural Hamilton Provincial Legislation, Plans and Policies 2.3.1 Provincial Policy Statement 2.3.2 The Niagara Escarpment Plan 2.3.3 The Greenbelt Plan 2.3.4 The Parkway Belt West Plan 2.3.5 Growth Plan for the Greater Golden Horseshoe

A.2-1 A.2-1 A.2-3 A.2-3 A.2-4 A.2-3 A.2-4 A.2-4 A.2-5 A.2-5

2.3

CHAPTER B - COMMUNITIES

B-1

Future amendment

B.1.0

INTRODUCTION

B.1-1

Future amendment

B.2.0 2.1

DEFINING OUR COMMUNITIES Urban Boundary Expansion

B.2-1 B.2-1

Future amendment

B.3.0 3.1 3.2 3.3 3.4 3.5

QUALITY OF LIFE AND COMPLETE COMMUNITIES Strong Economy Housing Policies Urban Design Policies Cultural Heritage Policies Community Facilities/Services 3.5.1 Parkland Policies 3.5.2 Library Services 3.5.3 Educational Facilities 3.5.4 Healthcare Facilities Health and Public Safety

B.3-1 B.3-1 B.3-1 B.3-1 B.3-1 B.3-1 B.3-1 B.3-4 B.3-4 B.3-4 B.3-5

3.6

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Future amendment

Future amendment Future amendment Future amendment Future amendment

Future amendment Future amendment Future amendment Future amendment


Table of Contents

CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS

C-1

C.1.0 1.1 1.2

PROVINCIAL PLANS Niagara Escarpment Plan Greenbelt Plan 1.2.1 Protected Countryside Parkway Belt West Plan

C.1-1 C.1-1 C.1-3 C.1-4 C.1-4

C.2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13

NATURAL HERITAGE SYSTEM Policy Goals General Policies Natural Heritage System – Core Areas Core Areas – Within the Greenbelt Plan Area Core Areas – Outside of the Greenbelt Plan Area Natural Heritage System – Mineral Aggregate Operations Natural Heritage System - Linkages Watershed Planning Remedial Action Plans Tree and Woodland Protection Non-Regulatory Natural Heritage System Management Water Resources External Connections – Outside the Greenbelt Plan Area

C.2-1 C.2-1 C.2-1 C.2-3 C.2-4 C.2-7 C.2-9 C.2-12 C.2-13 C.2-14 C.2-14 C.2-14 C.2-15 C.2-15

C.3.0 3.1 3.2 3.3 3.4

GENERAL LAND USE PROVISIONS AND DESIGNATIONS Rural Area General Provisions Urban Area General Provisions Open Space Utilities

C.3-1 C.3-1 C.3-3 C.3-4 C.3-5

C.4.0 4.1 4.2

TRANSPORTATION Airport Other Transportation Policies

C.4-1 C.4-1 C.4-1

C.5.0 5.1 5.2 5.3 5.4 5.5

INFRASTRUCTURE Sustainable Private Water and Wastewater Services Communal Water and Wastewater Systems Lake-Based Municipal Water and Wastewater Systems Storm Water Management Facilities Waste Management Facilities

C.5-1 C.5-1 C.5-2 C.5-3 C.5-3 C.5-4

1.3

CHAPTER D - RURAL SYSTEMS, DESIGNATIONS AND RESOURCES

D-1

D.1.0

GOALS

D.1-1

D.2.0 2.1

AGRICULTURE DESIGNATION Permitted Uses 2.1.1 Agricultural Uses 2.1.2 Agricultural-Related Uses 2.1.3 On-Farm Secondary Uses Other Provisions

D.2-1 D.2-1 D.2-1 D.2-2 D.2-3 D.2-4

2.2

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In Urban Official Plan

Future amendment


Table of Contents D.3.0 3.1 3.2

SPECIALTY CROP DESIGNATION Permitted Uses Other Provisions

D.3-1 D.3-1 D.3-2

D.4.0 4.1 4.2

RURAL DESIGNATION Permitted Uses Other Provisions

D.4-1 D.4-1 D.4-3

D.5.0 5.1

RURAL SETTLEMENT AREAS Other Provisions

D.5-1 D.5-1

D.6.0 MINERAL AGGREGATE RESOURCE EXTRACTION AREAS 6.4 Permitted Uses 6.28 Other Provisions

D.6-1 D.6-1 D.6-6

D.7.0

D.7-1

GAS AND PETROLEUM RESOURCES

CHAPTER E - URBAN SYSTEMS AND DESIGNATIONS

E-1

CHAPTER F - IMPLEMENTATION

F-1

F.1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20

PLANNING ACT IMPLEMENTATION TOOLS Official Plan Secondary Plans and Rural Settlement Area Plans Special Policy and Site Specific Areas Interpretation of the Official Plan Zoning By-Law Development Permit System Site Plan Control Holding By-Laws Bonusing Provisions Interim Control By-Laws Temporary Use By-Laws Non-Conforming and Non-Complying Uses Minor Variance Division of Land Community Improvement Minimum Distance Separation I and II Public Participation and Notification Policies Planning Act Applications Complete Application Requirements & Formal Consultation Parkland Dedication Policies

F.1-1 F.1-1 F.1-2 F.1-3 F.1-4 F.1-5 F.1-5 F.1-5 F.1-6 F.1-7 F.1-8 F.1-8 F.1-9 F.1-10 F.1-10 F.1-15 F.1-17 F.1-17 F.1-18 F.1-18 F.1-18

F.2.0 2.1 2.2 2.3

OTHER PROVINCIAL STATUES AND REGULATIONS Niagara Escarpment Development Control Nutrient Management Plans Conservation Authority Regulations

F.2-1 F.2-1 F.2-1 F.2-1

F.3.0 3.1

OTHER IMPLEMENTATION MECHANISMS Supporting Plans

F.3-1 F.3-1

Policies in the Urban Hamilton Official Plan

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Table of Contents 3.2

3.3

3.4

F.4.0

Council Adopted Guidelines and Technical Studies 3.2.1 Environmental Impact Statements (EIS) 3.2.2 Hydrogeological Studies 3.2.3 Storm Water Management Plans 3.2.4 Sub-watershed Plans 3.2.5 Other Technical Studies Advisory Committees 3.3.1 Environmentally Significant Areas Impact Evaluation Group (ESAIEG) 3.3.2 Municipal Heritage Committee Monitoring and Measuring Performance 3.4.1 Natural Heritage System Monitoring and Performance MUNICIPAL LAND ACQUISITION

F.3-1 F.3-1 F.3-3 F.3-4 F.3-4 F.3-5 F.3-5 F.3-5 F.3-6 F.3-6 F.3-6 F.4-1 G-1

CHAPTER G - GLOSSARY

VOLUME 2 - SECONDARY PLANS AND RURAL SETTLEMENT AREA PLANS VOLUME 3 - SPECIAL POLICY AND SITE SPECIFIC AREAS

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Table of Contents

SCHEDULES TO PLAN Schedules

Title

Schedule A Schedule B Schedule B-1 Schedule B-2 Schedule B-3 Schedule B-4 Schedule B-5 Schedule B-6 Schedule B-7

Provincial Plans Natural Heritage System (Contained in back pocket of this Plan) Detailed Natural Heritage Features Life Science ANSI Detailed Natural Heritage Features Significant Woodlands Detailed Natural Heritage Features Alvar and Tallgrass Prairie Detailed Natural Heritage Features Key Hydrologic Features Detailed Natural Heritage Features Lakes and Littoral Zones Detailed Natural Heritage Features Environmentally Significant Areas Detailed Natural Heritage Features Local Natural Area Earth Science ANSI Detailed Natural Heritage Features Key Hydrologic Features Streams Transportation System (Future Amendment ) Rural Land Use Designations (Contained in back pocket of this Plan) In Urban Hamilton Official Plan Airport Influence Area

Schedule B-8 Schedule C Schedule D Schedule E Schedule F

INFORMATION MAPS Appendices

Title

Appendix A

Parks Classification of City-owned Parks outside of Rural Settlement Areas and Secondary Plan Areas Non-Renewable Resources-under appeal Non-Renewable Resources-Gas and Petroleum Wells

Appendix C Appendix C1 Appendix D

Noise Exposure Forecast Contours and Primary Airport Zoning Regulations

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Chapter A - Introduction

CHAPTER A – INTRODUCTION Hamilton is a city of many communities: diverse by nature of geography and history; united by a common future. Hamilton has a vision for its future…a vision for a vibrant, healthy, sustainable city. The vision, known as Vision 2020, has been shared by citizens, businesses, community groups, organizations and our local government since 1992. An Official Plan is a guiding document for the City to achieve its vision. The Plan provides direction and guidance on the management of our communities, land use change and physical development over the next 30 years. The physical development of the City effects and is affected by environmental, social and economic factors. Therefore, the decisions we make about our future development directly contribute to the achievement of our vision. This Plan and the policies contained herein implement many of the principles expressed by Vision 2020. This Plan is the first Official Plan for the amalgamated communities of Ancaster, Dundas, Flamborough, Glanbrook, Hamilton and Stoney Creek. This Plan replaces seven former Official Plans – Region of Hamilton-Wentworth Official Plan and six Official Plans representing the former municipalities of the former Region.

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Chapter A – Introduction

A.1.0

HAMILTON’S OFFICIAL PLAN

1.1

Geographic Setting Hamilton is a dynamic city with unique geographic attributes. Its varied landscape includes an urban area which is the centre for employment uses, community services, and residential dwellings. Surrounding our Urban Area is a strong rural community comprised of agricultural and environmental areas, mineral aggregate resources, 19 Rural Settlement Areas and a variety of recreational and tourism uses that support both the City and the surrounding regions. Woven throughout the Rural and Urban Areas is a rich and diverse natural heritage system. Anchored by the Niagara Escarpment, Lake Ontario, Hamilton Harbour and Cootes Paradise, the Natural Heritage System connects the many wetlands, woodlands, streams and meadows found throughout the City's rural and open space areas. The excellent location at the western end of Lake Ontario, mid way between Toronto and the Canada-USA border, provides for many economic advantages. This location at the head of the lake has allowed the City to develop a strong industrial base centred on Hamilton Harbour. The growth of existing and future industrial business parks will help strengthen the economic backbone of the City. The City is connected to other municipalities and regions by major transportation networks including a series of provincial highways, a major port, an airport and main railway lines.

1.2

Hamilton’s Future Over the next 30 years, the City is expected to grow to achieve a population of 660,000 and 300,000 jobs. The shape and look of the City is not only influenced by physical growth but by economic and demographic trends. Some of the more notable trends include an aging population, a declining number of people per household, the effects of the global economy on local companies, increasing pressures on community services, and urban pressure on rural resources, to name a few. Our location in the Golden Horseshoe as well as the City’s strengthening relationship with the Greater Toronto Area (GTA) municipalities provides both benefits and challenges. Hamilton has become an attractive place to live because of the amenities and the reasonable housing prices. However, many of our residents are commuting to jobs outside Hamilton. One of the City’s key priorities is to increase employment opportunities within our boundaries. Another challenge is that our strong social service network serves populations both within and outside the City who require assistance. Change is inevitable. Our communities have continued to evolve and change over the years yet Hamilton is still considered to be a ‘city of many communities’. ‘Community’ means different things to different people. It could be physically geographic, representing a former municipality or specific neighbourhood (e.g. Flamborough, Westdale, Winona). ‘Community’ could be ethnic or culturally-based (e.g. the Latino Community, the Muslim Community), or even based around shared interests (e.g. minor sports leagues, clubs and

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Chapter A – Introduction service organizations). ‘Community’ means something different to each of us and residents of Hamilton often belong to multiple communities. When, where and how growth will be accommodated and managed is of tremendous importance to the success of Hamilton as a strong, vibrant, healthy, economically and culturally diverse municipal centre. Strength and success will be derived through recognizing and building upon the many individual community attributes that we have come to value, while at the same time moving forward with a cohesive set of principles and directions for achieving our Vision for the future together. Just as the growth and development decisions made 50 years ago have shaped our City and neighbourhoods, the choices we make today will have far reaching impacts for future generations. We must make informed decisions based on the benefits and risks of economic, environmental and social parameters.

1.3

Role and Function of the Official Plan This Plan projects a long term vision for the physical development of the City over the next 30 years. Its policies provide the direction for managing long term development to achieve social, economic and environmental objectives of the City’s vision. The Official Plan plays a large role in setting a framework of actions that will lead to the sustainable, healthy future envisioned by Vision 2020. The City and its residents aspire to have a city that has: • compact urban communities that provide live, work and play opportunities; • a strong rural community protected by firm urban boundaries; • protected and enhanced environmental systems – land, air and water; • balanced transportation networks that offer choice so people can walk,

cycle, take the bus or drive and recognizes the importance of goods movement to our local economy; and

• strategic and wise use of its infrastructure services and existing built

environment.

This document: • is one of the primary implementation arms of Vision 2020; • is a legal document whose origin is derived from the Planning Act; • builds on the concepts of provincial initiatives that support the building of

strong communities [such as the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan]; • is one of the key implementation mechanisms for the City’s Growth Strategy

(GRIDS) and other corporate initiatives including Master Plans (Transportation and Infrastructure, Recreational), and the Social Development Strategy.

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Chapter A – Introduction

1.4

Structure and Organization of the Official Plan This Plan is a single-tier plan. It is a hybrid between a regional plan, which takes a broad view of community growth issues, and a local plan which takes the broader objectives and translates those into specific land use designations and operational policies. The Plan is intended to be read and interpreted as a whole. The goals, objectives and policies are interconnected, interrelated and build on each other. For ease of use, the Plan has been broken down into three volumes. Volume 1 describes the context of the Plan, a vision for our community, citywide designations and policies, rural designations and policies, urban designations and policies, infrastructure and community service policies, as well as policies dealing with environmental issues (i.e. water/air quality, noise and vibration), natural systems and implementation policies. Volume 2 contains the Secondary Plans and Rural Settlement Area policies and mapping which provide detailed and community specific guidance to growth and change in smaller geographic areas of the City. They identify more detailed land uses densities, design requirements, infrastructure requirements and other implementing actions appropriate for the community. Volume 3 contains the area and site specific policies which incorporate special conditions. Special Policy Areas are geographic areas where either additional studies are required to determine ultimate land uses or where more detailed and specific policies are required and these lands are not contained within a Secondary Plan. Site Specific Areas include site specific planning policies to defined properties. These policies provide detailed direction for individual properties or geographic areas of the City where more detailed direction for land use, infrastructure, transportation, environment, urban design or similar issues are required beyond the general framework provided by this Plan due to unique local circumstances not capable of being addressed by the parent Official Plan or Secondary Plans.

1.5

Supporting Plans and Strategies This Official Plan relies on legislation, strategies, plans and guidelines as implementation tools to move the City’s communities forward to meet, not only City directions, but also provincial requirements. Examples include: • Growth Related Integrated Development Strategy (GRIDS) - The purpose of

GRIDS is to integrate growth management for land use and community services to achieve the City’s Vision through the long term development of land uses and services based on environmental priorities, social issues, economic opportunities and population studies. • Master Plans – Water/Wastewater, Storm Water, Transportation, Solid Waste. • These Plans which were integrated with land use planning, analysed and

conducted under the Environmental Assessment Act, prepare strategies and policies for the management and expansion of the City’s various engineering services over the next 30 years.

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Chapter A – Introduction • Economic Development Strategy – This Strategy is a 20 year vision in which

Hamilton will strive to have a diversified and sustainable economic base it recommends the City focus on eight clusters based on three broad areas: traditional industries, emerging industries and neo-traditional clusters.

• Social Development Strategy – This Strategy includes a social vision and three

key areas of focus or flagships (affordable housing, children, youth and families and skills development) which the City is pursuing in the overall development of civic programs and policies. • Guidelines – Both the City and Province have adopted subject-based

guidelines to provide a greater level of explanation for the implementation of a policy or the completion of a further study. Examples include ‘D’ Series Guidelines relating to distance separation from sensitive land uses (Ministry of the Environment) and Environmental Impact Statement Guidelines for the assessment of natural heritage features and lands.

These documents do not form part of the Official Plan.

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Chapter A – Introduction

A.2.0

STRATEGIC DIRECTIONS

2.1

Vision 2020 The City has been a leader in the area of community sustainability. In 1992, the former Region of Hamilton-Wentworth adopted Vision 2020. In 2002, the City undertook a review of the Vision in light of many changes that had taken place within the previous 10 years. The ‘Building a Strong Foundation’ public consultation process renewed not only the City’s commitment, but also the community’s commitment to making informed decisions based on environmental, economic and social considerations. The updated vision was adopted by City Council in September, 2003.

Hamilton’s Vision 2020 As citizens, businesses and government of the City of Hamilton we accept responsibility for making decisions that lead to a healthy, sustainable future. We celebrate our strengths as a vibrant, diverse City of natural beauty nestled around the Niagara Escarpment and Hamilton Harbour. We are able to achieve our full potential through safe access to clean air and water, food, shelter, education, satisfying employment, spirituality and culture. We weigh social/health, economic and environmental costs, benefits and risks equally when making decisions. Action - Sustainable community goals, strategies and targets are achieved by committing resources and acting decisively. Access - People have the ability to contribute and participate in community life regardless of physical and mental ability, income, age, gender, spiritual or cultural background or geographic location. Accountability - Community leaders measure and report on progress in achieving the Vision. Adaptability - We learn from the past and take action to create positive change.

In addition to the Vision, Phase 1 of the GRIDS program identified nine ‘Directions’ to guide development decisions. These directions inform the requirements for background studies and were used as the basis for creating development options and growth policy concepts. The directions also informed the development of this Official Plan.

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Chapter A – Introduction

Direction #3 - Protect rural areas for a viable rural economy, agricultural resources, environmentally sensitive recreation and enjoyment of the rural landscape. The rural landscape is truly distinctive with its farming areas, resource-based industries, Rural Settlement Areas, cultural heritage landscapes and features, an extensive natural system and many recreational uses. Supporting and enhancing the rural area and its economy requires balancing many interests. In particular, agricultural lands and natural heritage features are non-renewable resources and must be protected, preserved and enhanced for the economic well being of the City and the Province.

Direction #5 - Retain and attract jobs in Hamilton’s strength areas and in targeted new sectors. The rural economy, in particular, agricultural and its related industries, is a major contributor to Hamilton’s economic base. Agriculture is a $1 billion industry with significant potential for growth. The City identifies and promotes the agricultural sector, including the food and beverage processing industry, as one of seven targeted economic sectors.

Direction #8 - Protect ecological systems and improve air, land and water quality. The environmental integrity of our ecological system is critical to the well being of our residents and our economy. These non renewable resources must be protected from encroachment and contamination. Additional Directions to be added by a future Official Plan amendment.

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Chapter A – Introduction

2.2

Growth Management In 2005, the Province prepared growth forecasts for the Greater Golden Horseshoe. This area is expected to grow by 3.7 million people by 2031 with Hamilton projecting to take a 1.7% share. Table 1. Places to Grow Forecasts - Hamilton Households Year Population 2001 510,000 190,000 2011 540,000 210,000 2021 590,000 240,000 2031 660,000 270,000 Change 2001 - 2031

150,000

80,000

Employment 210,000 230,000 270,000 300,000 90,000

Source: ‘Growth Outlook for the Greater Golden Horseshoe’ – Hemson Consulting Ltd., January 2005

Although the total population is expected to grow, certain demographic trends will shape Hamilton over the next three decades. These demographic changes will influence how, where, and when we will grow. Notably, the provincial growth forecasts are based on assumptions that household size (or persons per unit (PPU)) will slowly decline in varying degrees over the next 30 years. This trend is influenced by lower birth rates, an aging population contributing towards a growing number of empty nester households and growth in non-traditional households (e.g. single person households, single parent households). 2.2.1

Population Growth for Rural Hamilton The existing population in Rural Hamilton is approximately 44,000 and the estimated population in 2031 is projected to decrease slightly to 42,600 persons. Population change in Rural Hamilton is influenced by a number of factors. The number of dwelling units will increase because of the large number of vacant legal lots of record. Also, there are areas within Rural Settlement Areas that have the potential for future infill development. Although the dwelling units may increase, the demographic trend of declining household size will also contribute to population change in Rural Hamilton. Table 2. Rural Population Growth Year Total Population 2006 44,089 2011 43,255 2021 43,248 2031 42,575 Change 2006 - 2031

1,514 (-4%)

Source: City of Hamilton Planning and Economic Development Department

Changes in the rural population are influenced not only by demographic factors, but also by policy directions. Policy directives ensure that agricultural, mineral aggregate and environmental resources will be available for future

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Chapter A – Introduction generations, and urban boundary expansions and land fragmentation will be curtailed. At the present time, there are hundreds of vacant residential lots inside the Rural Settlement Areas and approximately 200 outside the Rural Settlement Areas, that could accommodate future residences, therefore there is very little need to create additional lots. Further, municipal services in Rural Settlement Areas will not be expanded which will limit lot creation and, to a certain extent, population growth.

2.3

Provincial Legislation, Plans and Policies The planning regime within the City is affected and in many ways directed by provincial legislation, plans and policies, including the Provincial Policy Statement, the Niagara Escarpment Plan, the Greenbelt Plan, the Parkway Belt West Plan, and the Growth Plan for the Greater Golden Horseshoe.

2.3.1

Provincial Policy Statement The Provincial Policy Statement, 2005 was issued under the authority of the Planning Act, and provides policy direction on matters of provincial interest related to land use planning and development. It promotes a provincially ‘policy-led’ planning system in which municipal Official Plans and any planning decisions are consistent with the objectives and details of provincial policy, as required by Section 3 of the Planning Act. The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. It provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural environment. The PPS supports improved land use planning and management, which contributes to a more effective and efficient land use planning system. It includes enhanced policies on issues that affect communities, such as: the efficient use and management of land and infrastructure; protection of the environment and resources, including agricultural resources and mineral aggregate resources; and ensuring appropriate opportunities for employment and residential development, including support for a mix of uses. The new Official Plan must be consistent with the Provincial Policy Statement.

2.3.2

The Niagara Escarpment Plan The Niagara Escarpment includes a variety of topographic features and land uses extending 725 kilometres from Queenston on the Niagara River to the islands off Tobermory on the Bruce Peninsula. The Niagara Escarpment is the most prominent natural feature that traverses the City and divides its urban communities into two groups with very different characteristics. The objectives and policies of the Niagara Escarpment Plan (1985, last amended 2005) strike a balance between development, preservation and the enjoyment of this important resource.

2.3.3

The Greenbelt Plan In concert with the Niagara Escarpment Plan, the Greenbelt Plan identifies where urbanization should not occur in order to provide permanent protection of the agricultural land base and the ecological features and functions of the

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Chapter A – Introduction Greenbelt Plan Area. In Hamilton, the area identified for protection includes the Niagara Escarpment Plan Area and the Protected Countryside. The policies of the Niagara Escarpment Plan are the policies of the Greenbelt Plan for the Niagara Escarpment Plan Area. The Greenbelt Plan area is a broad band of permanently protected land. The Greenbelt Plan protects agricultural lands from fragmentation and nonagricultural uses, protects natural heritage and water resources that are vital to ecological and human health, and allows for other activities typically found in rural areas such as recreation, agriculture, and resource extraction. 2.3.4

The Parkway Belt West Plan The Parkway Belt West Plan was created in 1978 for the purposes of creating a multi-purpose utility corridor, urban separator and linked open space system. It is a system of linked natural areas and protected utility corridors which extends from Dundas though the Regions of Halton, Peel and York.

2.3.5

Growth Plan for the Greater Golden Horseshoe Policies to be added by a future Official Plan amendment.

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Chapter B - Communities

CHAPTER B - COMMUNITIES Preamble to be added by a future Official Plan amendment.

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Chapter B - Communities

B.1.0

INTRODUCTION

Preamble to be added by a future Official Plan amendment.

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Chapter B - Communities

B.2.0

DEFINING OUR COMMUNITIES

Policies to be added by a future Official Plan amendment.

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Chapter B - Communities

B.3.0

QUALITY OF LIFE AND COMPLETE COMMUNITIES

Quality of life in our City has a profound effect on the lives of all Hamiltonians. The intent of this Section is to provide direction on a number of factors that are to be considered in municipal decision making; factors that when combined, work together to create exiting, diverse, effective and pleasing environments to live, work and play. These aspects of quality of life include supporting and promoting a strong economy; providing for a range of housing opportunities for all segments of the population; protecting and enhancing our cultural resources, providing and maintaining community facilities such as parks, libraries, schools and health care facilities; ensuring public safety through the protection of our air and water; and, ensuring that our built environment is well-designed to create a quality community living experience.

3.1

Strong Economy Policies to be added by a future Official Plan amendment.

3.2

Housing Policies Policies to be added by a future Official Plan amendment.

3.3

Urban Design Policies Policies to be added by a future Official Plan amendment.

3.4

Cultural Heritage Policies Policies to be added by a future Official Plan amendment.

3.5

Community Facilities/Services Community facilities are an integral part of the fabric of the City. The City’s responsibilities include parks, community centres, recreation facilities, and museums. Where appropriate, the City will establish standards for the level of these community services through various Official Plan policies and other municipal studies and strategies. Other community facilities that are critical to our quality of life include both educational facilities and health care centres.

3.5.1

Parkland Policies

3.5.1.1

The uses permitted on lands designated as Open Space – Neighbourhood, Community, City-wide on Secondary Plans or Rural settlement Area Plans in Volume 2 of this Plan shall be parks for both active and passive recreational uses, community/recreational facilities, and other open space uses.

3.5.1.2

Notwithstanding Section C.3.3.2 a), ancillary commercial uses that are complimentary to Community and City-wide Parks and support the primary open space use such as, but not limited to food concessions, recreational equipment rentals, and water oriented recreational uses, may be permitted provided such uses do not interfere with or have negative impacts on the open space nature of the land.

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Chapter B - Communities 3.5.1.3

Lands designated as Natural Open Space in the Secondary Plans are generally part of a park or conservation area. They have environmental features and are intended to be preserved in their natural state. Where appropriate, limited recreational activities/uses may be permitted including trails, picnic areas, forest management, conservation management.

3.5.1.4

The City shall establish a hierarchy of parks as follows which are applicable to park types in both the Urban Area and the Rural Area; a) Neighbourhood Parks primarily cater to the recreational needs and interests of the residents living within its general vicinity. Residents can easily walk or bike to these parks. Neighbourhood Parks are generally comprised of municipal parkland, containing a mixture of passive areas, sports facilities, informal and formal play areas, and may include natural areas. They serve a population of approximately 5,000 people and have a minimum size of approximately two hectares. b) Community Parks serve more than one urban neighbourhood and the rural area, but are not intended to serve the City as a whole. Community Parks have more intensive recreational facilities such as sports fields, recreational and community centres. These facilities shall have good transportation access along adjacent arterial and/or collector roadways and provide adequate parking to meet anticipated demand. Community Parks in the Urban Area should appropriately be located along transit routes. They serve a population of approximately 20,000 people and have a minimum size of approximately seven hectares city wide. c) City-wide Parks are municipally, regionally, provincially or nationally significant destinations that meet the needs of residents and are of interest to visitors. These facilities are often associated with major recreation, education or leisure activities and may have natural or unique features. They range greatly in size and type. d) Parkettes are small open spaces which have no or limited recreational facilities. They are generally located in the older urban areas where they serve an important function in the provision of open space opportunities.

3.5.1.5

In addition to the parks hierarchy outlined in Section B.3.5.1.4, there are two open space categories not considered as parks but which contribute to the City’s Open Space and Parks System: a) General Open Space shall include golf courses, community gardens, pedestrian and bicycle trails, walkways, picnic areas, beaches, remnant parcels of open space lands and urban plazas, squares and core spaces. These areas do not function as parks but are used for both active and passive recreational activities.

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Chapter B - Communities b) Natural Open Space shall include lands with significant natural features and landscapes such as woodlots, hazard lands, forested slopes, creek/ravine corridors, the Niagara Escarpment, environmentally sensitive areas (of natural and scientific interest) and areas of wildlife habitat. These areas perform important biological and ecological functions and provide passive recreational opportunities. 3.5.1.6

In certain cases, single parks may have dual classifications, such as Natural Open Space and Community Park, which recognize that parks can have multiple functions.

3.5.1.7

Parks and natural areas shall be linked in a continuous public Open Space and Parks System, including those lands identified in the Niagara Escarpment Parks and Open Space System, wherever possible.

3.5.1.8

All Open Space and Parks shall be designated as Open Space on Schedule D Rural Land Use Designations. The classification of parkland shall be identified or designated in Rural Settlement Area Plans and Secondary Plans. These classifications shall be used to determine parkland needs in accordance with Section B.3.5.1.9.

3.5.1.9

To ensure the provision of an adequate amount of parkland, the following standards shall be used in the determination of parkland needs: a) Rural Settlement Areas (as defined on Schedule D - Rural Land Use Designations, and Maps 1 to 19 in Volume 2 of this Plan) Park Classification Neighbourhood Parks Community Parks

Per 1,000 Population (Ratios) 0.7 ha/1000 0.7 ha/1000

Minimum Service Radius/ Walking Distance 800 m 2 km (Urban Area only)

b) Rural and Urban Areas in all areas of the City (calculation requires City-wide Parks to be evaluated in all the former municipalities) Park Classification City-wide Parks

Per 1,000 Population (Ratios) 0.7 ha/1000

Minimum Service Radius/ Walking Distance n/a

3.5.1.10 Parkettes have no parkland standards because of their small size and limited recreational opportunities. The purchase of parkettes shall only be made in exceptional circumstances where no other parks or open spaces exist in the vicinity nor are there any other opportunities to purchase neighbourhood or community parks. 3.5.1.11 General Open Space and Natural Open Space Areas are not considered parkland. Therefore no standards are applied. 3.5.1.12 Where parkland standards may not be met in existing built up areas, the City shall endeavour to increase the supply of parkland through bequests, donations, partnerships with other public agencies and other methods as set out in Section F.4 – Municipal Land Acquisition of this Plan.

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Chapter B - Communities 3.5.1.13 Notwithstanding Section B.3.5.1.9 of this plan, the City may consider a lower parkland standard, where a Neighbourhood and Community Park may be feasibly combined on the same site. 3.5.1.14 Through the preparation of Rural Settlement Area Plans, and Secondary Plans/Neighbourhood Plans, the City shall determine the amount and type of park required based on the following considerations: a) The parkland standards in Section B.3.5.1.9; b) Projected population; c) The location of other parks in adjacent areas; d) The feasibility of locating parks near schools and Natural Open Spaces; and e) Site characteristics (slope, natural features, frontage in a public road) as defined by the Landscape Manual for Parks, adopted by Council. 3.5.1.15 Preference shall be given to locating Neighbourhood or Community Parks adjacent to school sites. 3.5.1.16 Where lands are deemed surplus by the City, a public agency or other land owner, the following criteria shall be used in the evaluation of parkland needs: a) The amount of parkland deficit/surplus based on the standards in Section B.3.5.1.9; b) The size, the location and site characteristics of the surplus land; c) The size and location of other Neighbourhood, Community or City-wide Parks in the area; and d) Available municipal funds. 3.5.1.17 Whenever land designated or used for Open Space and Parks purposes is acquired or used by a city department or other public agency for nonrecreational public purposes, the City or public agency shall be required to compensate for the resulting loss of parkland by paying the full current market value of the parcel of land into the Parkland Reserve. 3.5.2

Library Services Policies to be added by a future Official Plan amendment.

3.5.3

Educational Facilities Policies to be added by a future Official Plan amendment.

3.5.4

Healthcare Facilities Policies to be added by a future Official Plan amendment.

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Chapter B - Communities

3.6

Health and Public Safety Policies to be added by a future Official Plan amendment.

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Chapter C - City Wide Systems and Designations

CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS This Section of the Plan contains designations and land use policies that are intended to apply across the City, with refinements for rural and urban areas, where necessary. The purpose is to provide for consistent approaches to the policy directives that relate to both urban and rural areas. Specifically: • General land use provisions detail land uses that are allowed “as-of-right” in all

designations, provided certain conditions are met.

• Both the Open Space and Utilities designations are common to the rural and urban

areas and have the same general framework.

• The natural heritage policies are based on a systems wide approach which requires

that policy directions and requirements are coherent on this basis.

• Transportation is critical to both movement of goods and people in the City.

Transportation policies will be included in future Official Plan amendments.

• The infrastructure policies clearly articulate the need for both sustainable private

services – wells and septic systems as well as provide direction of municipal services such as water, wastewater, waste management and storm water.

However, in a few cases, there may be slight differences between the rural and urban areas in terms of policy directives or mapping.

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Chapter C - City Wide Systems and Designations

*

The deferral of “Appendix/Schedule C” applies to both the substantive content of “Appendix/Schedule C” and whether the appropriate title of “C” is “Appendix” or “Schedule”.

C.1.0

PROVINCIAL PLANS

The planning regime within the City is affected and is directed by provincial legislation, plans and policies, including the Provincial Policy Statement, the Niagara Escarpment Plan, the Greenbelt Plan, the Parkway Belt West Plan, and the Growth Plan for the Greater Golden Horseshoe. The Official Plan must be consistent with the Provincial Policy Statement and conform to the Greenbelt Plan. However, in some areas of provincial policy, the municipality can be more restrictive than the provincial directions. Where land use designations exist, this section details the interrelationship between the various provincial documents and this Plan.

1.1

Niagara Escarpment Plan The Niagara Escarpment is a prominent natural feature that traverses the breadth of the City. It provides a distinctive landscape and performs many ecological functions. The natural and physical features of the Escarpment should be protected through policies which apply to the physical features themselves and to a protective buffer. The Niagara Escarpment Plan provides for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment and to ensure only such development occurs as is compatible with that natural environment.

1.1.1

Any development within the Niagara Escarpment Plan Area, as shown on Schedule A – Provincial Plans, shall meet the requirements of this Plan and the Niagara Escarpment Plan, and the Parkland, Open Space and Trails policies of the Greenbelt Plan. Where there is discrepancy between this Plan and the Niagara Escarpment Plan, and the Parkland, Open Space and Trails policies of the Greenbelt Plan, the most restrictive policies will prevail.

1.1.2

On lands located within Rural Hamilton and identified as Niagara Escarpment Natural Area on Schedule A – Provincial Plans, the following policies shall apply: a) The uses contained in Section C.3.3, Open Space of this Plan shall be permitted except for: i) Golf courses; and ii) Intensive recreational activities such as formal sports fields, community centres, arenas.

1.1.3

On lands located within Rural Hamilton and identified as Niagara Escarpment Plan Protection Area on Schedule A - Provincial Plans, the following policies shall apply:

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Chapter C - City Wide Systems and Designations a) Where lands are designated Agriculture on Schedule D - Rural Land Use Designations, the policies contained in Section D.2, Agriculture Designation of this Plan shall apply; b) Where lands are designated Specialty Crop on Schedule D - Rural Land Use Designations, the policies contained in Section D.3, Specialty Crop Designation of this Plan shall apply; c) Where lands are designated Rural on Schedule D - Rural Land Use Designations, the policies in Section D.4, Rural Designation of this Plan shall apply; and d) Where lands are designated Open Space on Schedule D - Rural Land Use Designations, the policies contained in Section C.3.3, Open Space designation of this Plan shall apply except for: i) Golf courses; and ii) Intensive recreational activities such as formal sports fields, community centres, arenas. 1.1.4

On lands located within Rural Hamilton and identified as Niagara Escarpment Plan Rural Area on Schedule A - Provincial Plans, the following policies shall apply: a) Where lands are designated Agriculture on Schedule D - Rural Land Use Designations, the policies contained in Section D.2, Agriculture Designation of this Plan shall apply; b) Where lands are designated Specialty Crop on Schedule D - Rural Land Use Designations, the policies contained in Section D.3, Specialty Crop Designation of this Plan shall apply; c) Where lands are designated Rural on Schedule D - Rural Land Use Designations, the policies in Section D.4, Rural Designation of this Plan shall apply; d) Where lands are designated Open Space on Schedule D - Rural Land Use Designations, the policies contained in Section C.3.3, Open Space designation of this Plan shall apply; and e) Where lands are proposed for a new mineral aggregate operation or an expansion to an existing mineral aggregate operation, the policies in Section D.6, Mineral Aggregate Resource Extraction Areas and Section C.2.6, Natural Heritage System - Mineral Aggregate Operations shall apply.

1.1.5

On lands located within Rural Hamilton and identified as Mineral Aggregate Resource Areas on (Appendix/Schedule C – Non renewable resources – deferred – until the deferral is resolved Map No. 5 of the Region of HamiltonWentworth Official Plan shall apply)*, and designated as Mineral Aggregate Resource Extraction Areas on Schedule D - Rural Land Use Designations, the

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Chapter C - City Wide Systems and Designations policies contained in Section D.6, Mineral Aggregate Resources Extraction Area of this Plan shall apply. 1.1.6

To minimize the impact and further encroachments in the Escarpment environment, for those lands located within the Niagara Escarpment Plan Area identified on Schedule A - Provincial Plans, the following policies shall apply: a) The design of the development shall be compatible with the visual and natural environment; b) Setbacks and screening adequate to minimize the visual impact of development on the Escarpment landscape shall be required; c) No new lots shall be created in Escarpment Natural or Protection Areas unless such lot creation is for the purposes of correcting conveyances, enlarging existing lots or acquisition by a public body or authority, and to allow surplus farm dwelling severances in the Escarpment Protection or Escarpment Rural Areas; and d) Within the Escarpment designations Natural Area, Protection Area and Rural Area, amendments shall not be permitted for urban uses or redesignations to Minor Urban Centre, Urban Area or Escarpment Recreation Area.

1.1.7

Appropriate portions of the Winona Urban Area and the Rural Settlement Areas of Greensville and Copetown, designated as Niagara Escarpment Plan Minor Urban Centre on Schedule A - Provincial Plans, shall meet the following criteria: a) Development and growth shall not extend into the Escarpment designations Natural Area, Protection Area and Rural Area; b) Development and growth shall minimize land use conflicts and, where appropriate, incorporate adequate screening and/or setbacks to reduce visual impact on the Escarpment landscape; and c) Development and growth generally shall take place as a logical extension of existing development in the form of planning groups rather than linear or scattered development.

1.2

Greenbelt Plan The Greenbelt Plan is broad band of permanently protected land which protects against the loss and fragmentation of the agricultural land base and supports agriculture as the predominant land use. Economic, social and recreational activities, such as tourism, on-farm business, recreation, and resource uses that are associated with rural communities or resources are supported. The natural heritage and water resources systems integral to the community will be protected and enhanced, as they sustain ecological and human health. The Greenbelt Plan includes lands within the Niagara Escarpment Plan and the Parkway Belt West Plan.

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Chapter C - City Wide Systems and Designations 1.2.1

Protected Countryside The Protected Countryside contains three geographic specific policy areas: agricultural system, natural system and Settlement Areas. This Section illustrates compliance with the Greenbelt Plan based on those three areas.

1.2.2

All proposals for development or site alteration within the lands identified as Greenbelt Plan Protected Countryside and Specialty Crop on Schedule A – Provincial Plans, and designated Agriculture, Specialty Crop, Rural, Open Space and Utilities, on Schedule D - Rural Land Use Designations, shall meet the requirements of this Plan, the Zoning-By-law and the Greenbelt Plan. Where there is discrepancy between this Plan, the Zoning By-law and the Greenbelt Plan policies with the exception of the Section C.1.2.3, agricultural uses and mineral aggregate resources, the most restrictive policies shall prevail.

1.2.3

The following policies in this Plan which are more restrictive than the policies in the Greenbelt Plan and do not conflict with Greenbelt Plan shall continue to apply: a) Residential lot creation for lands in Rural Hamilton in accordance with Section F.1.14.2, Lot Creation, of this Plan; b) On-farm secondary uses in accordance with Sections C.3.1.2; and D.2.1.3 of this Plan; c) Surplus farm dwellings in accordance with Section F.1.14.2 of this Plan; d) Amendments required for resource-based commercial, resource-based industrial, institutional and recreational uses in accordance with Sections D.4.1.1 and D.4.1.2 of this Plan; and e) Section C.5, Infrastructure of this Plan.

1.3

Parkway Belt West Plan The Parkway Belt West Plan provides a system of linked natural areas and protected utility corridors which extends from Dundas through the Regions of Halton, Peel and York.

1.3.1

The provisions of the Parkway Belt West Plan shall apply to development of lands that are identified as Parkway Belt West Plan Area on Schedule A – Provincial Plans, of this Plan. In the case of discrepancy between the Parkway Belt West Plan and this Plan, the most restrictive policies shall prevail provided that they are consistent with its intent and purpose.

1.3.2

Where there is an overlap between the Parkway Belt West Plan and the Greenbelt Plan, the Parkway Belt West Plan will continue to apply to lands within the Parkway Belt West Plan and only the Natural System and Parkland, Open Space and Trails policies of the Greenbelt Plan apply.

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Chapter C - City Wide Systems and Designations

C.2.0

NATURAL HERITAGE SYSTEM

The City contains many natural areas and features that contribute to the municipality’s beauty, unique character, and quality of life. A large portion of the City has been identified as part of the Natural Heritage System of the Protected Countryside in the Greenbelt Plan. The Greenbelt Plan seeks to ensure that natural areas are managed as an integrated system so as to enhance key features of that system, as well as to support environmental objectives contained in the Niagara Escarpment Plan. Beyond provincial plan boundaries, the City has identified locally and provincially significant natural areas that warrant similar consideration. The Natural Heritage System identified on Schedule B - Natural Heritage System, of this Plan consists of the Greenbelt Natural Heritage System, the Greenbelt Protected Countryside, and Core Areas within and outside of the Greenbelt Plan Area. Together, provincial and local planning objectives for the Natural Heritage System focus on protecting, and restoring these features and natural functions as a permanent environmental resource for the community.

2.1

Policy Goals The following goals apply to designation and management of the Natural Heritage System in Rural Hamilton.

2.1.1

To protect and enhance biodiversity and ecological functions.

2.1.2

To achieve a healthy, functional ecosystem.

2.1.3

To conserve the natural beauty and distinctive character of Hamilton’s landscape.

2.1.4

To maintain and enhance the contribution made by the Natural Heritage System to the quality of life of Hamilton’s residents.

2.1.5

To restore and enhance connections, quality and amount of natural habitat.

2.1.6

To provide opportunities for recreational and tourism uses where they do not impact natural heritage features.

2.1.7

To monitor and periodically assess the condition of Hamilton’s natural environment.

2.2

General Policies

2.2.1

The Natural Heritage System shown on Schedule B - Natural Heritage System, comprised of privately-owned land is not available for use by the general public nor shall there be any intent or obligation by the City to purchase such lands.

2.2.2

The policies in this Plan do not prohibit the continuation of existing or the establishment of new agricultural uses, agricultural-related and secondary uses within or adjacent to the Natural Heritage System lands. Harvesting timber shall

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Chapter C - City Wide Systems and Designations be permitted within or adjacent to the Natural Heritage System according to the requirements of the applicable tree cutting by-laws. 2.2.3

The boundaries of Core Areas are shown on Schedule B - Natural Heritage System and key natural heritage features, key hydrologic features and any associated vegetation protection zones, provincially significant and local natural areas are shown on Schedules B-1 to B-8 - Detailed Natural Heritage Features. Minor refinements to such boundaries may occur through Environmental Impact Statements, watershed studies or other appropriate studies accepted by the City without an amendment to this Plan. Major changes to boundaries, the removal or addition of Core Areas identified on Schedule B - Natural Heritage System, and Schedules B-1 to B-8 – Detailed Natural Heritage Features require an amendment to this Plan.

2.2.4

Revisions to the external boundary of the Greenbelt Plan Natural Heritage System shall not be permitted.

2.2.5

Notwithstanding the designations on Schedule D - Rural Land Use Designations, the policies of this Plan shall apply to Core Areas not currently identified on Schedule B - Natural Heritage System and Schedules B-1 to B-8 - Detailed Natural Heritage Features. Additional Core Areas may be mapped and identified or Core Area boundaries may be refined under the following circumstances and shall require an amendment to this Plan: a) individual Environmental Impact Statements; b) watershed or subwatershed studies; c) natural areas inventories; d) Environmental Assessments; or, e) other similar studies.

2.2.6

Where technical criteria are required to identify the location of key natural heritage features and key hydrologic features and any associated vegetation protection zone: a) the City may establish its own criteria for identifying these features, in cooperation with other agencies, stakeholders and the public; b) the City shall identify these features on Schedule B - Natural Heritage System Schedules B-1 to B-8 - Detailed Natural Heritage Features within the Natural Heritage System; and, c) the City shall undertake an Official Plan amendment to include criteria and mapping changes.

2.2.7

The technical criteria established in this Plan and used by the City shall be updated and amended to reflect provincial direction, as required.

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Chapter C - City Wide Systems and Designations 2.2.8

Notwithstanding Policy C.2.2.7, following approval of Greenbelt Natural Heritage System woodland criteria the City shall amend this Plan accordingly.

2.2.9

Where properties contain two or more overlapping natural features of differing significance in the Natural Heritage System, the more restrictive policies pertaining to those natural features shall apply. If more than one policy applies to a natural feature, the more restrictive policy shall apply.

2.2.10

Any required Environmental Impact Statement shall be completed in accordance with Section F.3.2.1, Environmental Impact Statements and comply with all provisions of Sections C.2.4 and C.2.6 of this Plan, where applicable.

2.2.11

Aggregate Operations Sections C.2.3.3, C.2.4, C.2.5 and C.2.7 of this Plan shall not apply to proposals for a new mineral aggregate operation, an expansion to an existing mineral aggregate operation, and new wayside pits and quarries.

2.2.12

Proposals for a new mineral aggregate operation, an expansion to an existing mineral aggregate operation, and new wayside pits and quarries shall comply with Sections C.2.6, Mineral Aggregate Operations – Natural Heritage System Policies, and D.6, Mineral Aggregate Resource Extraction Areas, of this Plan. In the event of a conflict Section C.2.6 shall prevail.

2.3

Natural Heritage System - Core Areas Core Areas are the most important components of the Natural Heritage System in terms of biodiversity, productivity, and ecological and hydrological functions. It is the intent of this Plan to preserve and enhance Core Areas, including their environmental features or ecological functions.

2.3.1

The Greenbelt Plan has identified a Natural Heritage System within the Protected Countryside, which shall be incorporated on Schedule B - Natural Heritage System. In accordance with Greenbelt Plan policies, Schedule B - Natural Heritage System, identifies Core Areas to include key natural heritage features and key hydrologic features and any associated vegetation protection zones. Core Areas of the City's Natural Heritage System also include other locally and provincially significant natural areas that have been identified within and outside the Greenbelt Plan Area. Schedule B - Natural Heritage System will be amended when new Core Areas are identified.

2.3.2

Core Areas include key natural heritage features, key hydrologic features, including any associated vegetation protection zones, and provincially significant and local natural areas that are more specifically identified by Schedules B-1 to B8 - Detailed Natural Heritage Features.

2.3.3

Any development or site alteration within or adjacent to Core Areas shall not negatively impact their environmental features or ecological functions.

2.3.4

New development or site alteration shall not be permitted within significant wetlands, significant coastal wetlands, or significant threatened or endangered species, except in accordance with provincial and federal regulations with respect to significant threatened or endangered species.

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provincially habitat of applicable habitat of


Chapter C - City Wide Systems and Designations

2.4

Core Areas - Within the Greenbelt Plan Area

Within the Greenbelt Natural Heritage System of the Protected Countryside 2.4.1

Permitted uses within Core Areas located within the Greenbelt Natural Heritage System as identified on Schedule B - Natural Heritage System or within key hydrologic features anywhere in the Protected Countryside of the Greenbelt Plan as shown on Schedules B-1 to B-8 - Detailed Natural Heritage Features or identified by an Environmental Impact Statement, including any associated vegetation protection zone shall include: a) Existing agricultural uses, according to the requirements in C.2.4.4; b) Forest, fish and wildlife management; c) Conservation, and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest and after all alternatives have been considered; d) Existing uses, in accordance with Section F.1.12, Non-Conforming and NonComplying Uses of this Plan and according to the requirements in Sections C.2.4.4 and C.2.4.5; e) Passive recreation uses and small scale structures for recreation uses (such as boardwalks, footbridges, fences, docks, and picnic facilities); however, the negative impacts on these features should be minimized; and, f) Infrastructure projects, in accordance with Section C.5.0, Infrastructure of this Plan.

2.4.2

New development or site alteration shall not be permitted within a key natural heritage feature within the Greenbelt Natural Heritage System or a key hydrologic feature anywhere in the Protected Countryside, including any associated vegetation protection zone. However, new development or site alteration proposed adjacent to (within 120 metres of) a key natural heritage feature within the Greenbelt Natural Heritage System or a key hydrologic feature anywhere in the Protected Countryside requires an Environmental Impact Statement which identifies a vegetation protection zone, according to the requirements in Sections C.2.4.10, C.2.4.11, C.2.4.12, C.2.4.13, and C.2.4.14.

2.4.3

New buildings or structures for agriculture, agricultural-related and secondary uses are subject to policies in Sections C.2.4.1, C.2.4.2, C.2.4.10 and C.2.4.13.

2.4.4

Expansions to existing buildings and structures for agricultural uses, and residential dwellings together with accessory uses may be considered within or adjacent to Core Areas and their associated vegetation protection zones if it is demonstrated that: a) There is no alternative and the expansion, alteration or establishment is directed away from the feature to the maximum extent possible; and b) The impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible.

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Chapter C - City Wide Systems and Designations

2.4.5

The construction of a dwelling on an existing lot of record having frontage on a public road may be permitted within or adjacent to Core Areas, subject to Section F.1.12, Non-Conforming and Non-Complying Uses and if it is demonstrated that: a) There is no alternative and the expansion, alteration or establishment is directed away from the feature to the maximum extent possible; and b) The impact of the expansion or alteration on the feature and its functions is minimized to the maximum extent possible.

2.4.6

New development or site alteration subject to Sections C.2.4.1, C.2.4.2, C.2.4.3, C.2.4.5, C.2.4.7, C.2.4.8 and C.2.4.9 requires, prior to approval, the submission and acceptance of an Environmental Impact Statement, which demonstrates to the satisfaction of the City in consultation with the relevant Conservation Authority that: a) There shall be no negative impacts on the Core Areas or their ecological functions; b) Connectivity between Core Areas shall be maintained, or where possible, enhanced for the movement of surface and ground water, plants and wildlife across the landscape; c) The removal of other natural features shall be avoided or minimized by the planning and design of the proposed use or site alteration wherever possible; and d) The disturbed area of a site shall not exceed 25 percent of the total developable area, except for golf courses, where permitted, for which the disturbed area shall not exceed 40 percent of the site. Impervious surfaces to be established in such disturbed areas shall not exceed 10 percent of the total developable area.

2.4.7

Where non-agricultural uses are proposed within the Greenbelt Natural Heritage System, applicants shall demonstrate that: a) At least 30 percent of the total developable area of the site will remain or be returned to natural self-sustaining vegetation; b) Connectivity along the system and between key natural heritage or key hydrologic features located within 240 metres of each other shall be maintained or enhanced; and c) Buildings or structures do not occupy more than 25 percent of the total developable area and are planned to be compatible with the natural surroundings.

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Chapter C - City Wide Systems and Designations

Within the Protected Countryside Outside of the Greenbelt Natural Heritage System 2.4.8

Beyond the Greenbelt Natural Heritage System within the Protected Countryside new development and site alteration shall not be permitted within or adjacent to key natural heritage features in the Greenbelt Protected Countryside unless it has been evaluated through an Environmental Impact Statement and has been demonstrated that there shall be no negative impacts on the natural features or their ecological functions.

2.4.9

New development and site alteration within the Protected Countryside of the Greenbelt Plan Area that is proposed to take place within or adjacent to any other Core Area identified on Schedule B - Natural Heritage System, through a consent, Plan of Subdivision, Zoning By-law, Site Plan approval, Official Plan amendment or Site Alteration By-law permit shall require an Environmental Impact Statement in accordance with Sections C.2.4.6 of this Plan.

2.4.10

Vegetation Protection Zones An Environmental Impact Statement shall also propose a vegetation protection zone which: a) Has sufficient width to protect the Core Area and its ecological functions from impacts of the proposed land use or site alteration occurring during and after construction, and where possible, restores or enhances the Core Area and/or its ecological functions; and b) Is established to achieve, and be maintained as natural self-sustaining vegetation.

2.4.11

Where vegetation protection zones have not been specified by watershed and sub-watershed plans, Secondary or Rural Settlement Area Plan policies, Environmental Assessments and other studies, the following minimum vegetation protection zone width objectives shall be evaluated and addressed by Environmental Impact Statements: a) Permanent and intermittent streams: 30-metre vegetation protection zone on each side of the watercourse, measured from beyond the stable top of bank; b) Wetlands: 30-metre vegetation protection zone. The Environmental Impact Statement shall also take into consideration adjacent upland habitat that is required by wetland species for breeding, foraging, dispersal, and other life processes; c) Fish habitat: 30-metre minimum vegetation protection zone measured from beyond either side of the top of bank or meander belt allowance; d) Woodlands: 15-metre minimum vegetation protection zone measured from the drip line of trees at the woodlands edge; e) Significant Woodlands: a minimum 30-metre vegetation protection zone measured from the drip line of trees at the woodlands edge;

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Chapter C - City Wide Systems and Designations f) Areas of Natural and Scientific Interest (ANSIs): a minimum 30-metre vegetation protection zone. g) Designated valley lands: 15-metre minimum vegetation protection zone measured from top of bank; and h) Lakes: 30-metre vegetation protection zone, measured from the stable slope of the shoreline. 2.4.12

Vegetation protection zone widths greater than specified in Sections C.2.4.11 and C.2.4.13 may be required if ecological features and functions warrant it, as determined through an approved Environmental Impact Statement.

2.4.13

Within the Protected Countryside of the Greenbelt Plan area, new development and site alteration adjacent to wetlands, seepage areas, springs, fish habitat, lakes, permanent and intermittent streams and significant woodlands shall maintain a minimum 30-metre vegetation protection zone as measured from the outside boundary of the feature. Such a vegetation protection zone shall be established with natural, self-sustaining vegetation where the land within the vegetation protection zone is not used for agricultural purposes. New agricultural buildings and structures for agricultural uses are required to provide a 30-metre vegetation protection zone from a key natural heritage feature within the Greenbelt Natural Heritage System or a key hydrologic feature anywhere in the Protected Countryside but may not be required to establish a condition of natural self-sustaining vegetation, if the land is, and will continue to be, used for agricultural purposes.

2.4.14

Permitted uses in a vegetation protection zone shall be limited to low impact uses, such as passive recreation, trails, boardwalks, landscaping, vegetation restoration, and resource management and open space. Within the Protected Countryside of the Greenbelt Plan Area permitted uses within vegetation protection zones are specified in Section C.2.4.1. New development or site alteration areas shall be located outside of the vegetation protection zone. Private sewage disposal systems and new impervious surfaces associated with the development shall not be permitted within the vegetation protection zone.

2.5

Core Areas - Outside of the Greenbelt Plan Area

2.5.1

Permitted uses, within Core Areas located outside of the Greenbelt Plan Area as identified on Schedule B - Natural Heritage System, as shown on Schedules B1 to B-8 - Detailed Natural Heritage Features or identified by an Environmental Impact Statement, including any associated vegetation protection zone shall include: a) Existing agricultural uses; b) Forest, fish and wildlife management; c) Conservation, and flood or erosion control projects by a public authority demonstrated to be necessary in the public interest;

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Chapter C - City Wide Systems and Designations d) Existing uses, in accordance with Section F.1.12, Non-Conforming and NonComplying Uses of this Plan; e) Passive recreation uses and small scale structures for recreation uses (such as boardwalks, footbridges, fences, docks, and picnic facilities); and f) Infrastructure projects, in accordance with Section C.5.0, Infrastructure of this Plan. 2.5.2

Proposals for new development or site alteration shall not be permitted adjacent to provincially significant wetlands, significant coastal wetlands, or significant habitat of threatened or endangered species unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated through an Environmental Impact Statement prepared in accordance with Section F.3.2.1 that there will be no negative impacts on the natural feature and its ecological functions.

2.5.3

New development or site alteration proposed within or adjacent to significant woodlands, significant wildlife habitat, significant valleylands, and significant areas of natural and scientific interest shall not be permitted unless the ecological function of the land has been evaluated and it has been demonstrated through an Environmental Impact Statement in accordance with Section F.3.2.1 that there will be no negative impacts on the natural features or their ecological functions.

2.5.4

New development or site alteration shall not be permitted within fish habitat, except in accordance with provincial and federal requirements.

2.5.5

New development or site alteration subject to Sections C.2.3.4, C.2.5.2, C.2.5.3 and C.2.5.4 requires, prior to approval, the submission and acceptance of an Environmental Impact Statement which demonstrates to the satisfaction of the City in consultation with the relevant Conservation Authority that: a) There shall be no negative impacts on the Core Areas or their ecological functions; b) Connectivity between Core Areas shall be maintained, or where possible, enhanced for the movement of surface and ground water, plants and wildlife across the landscape; c) The removal of other natural features shall be avoided or minimized by the planning and design of the proposed use or site alteration wherever possible.

2.5.6

An Environmental Impact Statement shall also propose a vegetation protection zone which: a) Has sufficient width to protect the Core Area and its ecological functions from impacts of the proposed land use or site alteration occurring during and after construction, and where possible, restores or enhances the Core Area and/or its ecological functions; and b) Is established to achieve, and be maintained as natural self-sustaining vegetation.

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Chapter C - City Wide Systems and Designations

2.5.7

Where vegetation protection zones have not been specified by watershed and sub-watershed plans, Secondary or Rural Settlement Area Plan policies, Environmental Assessments and other studies, the following minimum vegetation protection zone width objectives shall be evaluated and addressed by Environmental Impact Statements: a) Permanent and intermittent streams: 30-metre vegetation protection zone on each side of the watercourse, measured from beyond the stable top of bank; b) Wetlands: 30-metre vegetation protection zone. The Environmental Impact Statement shall also take into consideration adjacent upland habitat that is required by wetland species for breeding, foraging, dispersal, and other life processes; c) Fish habitat: 30-metre minimum vegetation protection zone measured from beyond either side of the top of bank or meander belt allowance; d) Woodlands: 15-metre minimum vegetation protection zone measured from the drip line of trees at the woodlot edge; e) Significant Woodlands: a minimum 30-metre vegetation protection zone measured from the drip line of trees at the woodlot edge; f) Life Science Areas of Natural and Scientific Interest (ANSIs): a minimum 30metre vegetation protection zone; g) Designated valley lands: 15-metre minimum vegetation protection zone measured from top of bank; and h) Lakes: 30-metre vegetation protection zone, measured from the stable top of the shoreline.

2.5.8

Vegetation protection zone widths greater than specified in Section C.2.5.7 may be required if ecological features and functions warrant it, as determined through an approved Environmental Impact Statement.

2.6

Natural Heritage System - Mineral Aggregate Operations

2.6.1

Tables C.2.6-1 and C.2.6-2 in conjunction with Sections C.2.6.1 to C.2.6.5 shall apply to a new mineral aggregate operation, an expansion to an existing mineral aggregate operation, a new wayside pit and quarry located in the Greenbelt Plan Protected Countryside, both inside and outside the Greenbelt Natural Heritage System, or outside the Greenbelt Plan Protected Countryside.

2.6.2

Tables C.2.6-1 and C.2.6-2 cross reference the type of mineral aggregate operation use, with natural heritage features, areas and systems. The policies applicable to each use and feature, area or system combination are identified by a capital letter (A, B, C or D).

2.6.3

A new mineral aggregate operation, and a new wayside pit or quarry within the Greenbelt Plan Natural Heritage System listed in Table C.2.6-1:

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Chapter C - City Wide Systems and Designations

a) shall not be permitted in the key natural heritage features and key hydrologic features listed in Table C.2.6-1 and identified by the letter A. i)

Notwithstanding a) above, the uses identified in Section C.2.6.3 shall not be permitted in a significant woodland unless the woodland is occupied by a young plantation or early successional habitat (as defined by the Province). Where extraction in a significant woodland is permitted, it must be demonstrated that the criteria of Sections D.6.24 b) and c) and D.6.25 c), are satisfied.

ii)

Notwithstanding the definition of significant woodland, for the purposes of Policy C.2.6.3 a) and C.2.6.3 a) i), the significant woodland criteria shall be defined by the Province.

b) may be permitted in the key natural heritage features or key hydrologic features listed in Table C.2.6-1 and identified by the letter B, and the vegetation protection zones of features identified by Letters A and B, provided an Environmental Impact Statement demonstrates how:

2.6.4

i)

The Water Resource System shall be protected or enhanced; and,

ii)

The specific provisions of Sections D.6.24 b) and c) and D.6.25 c) shall be addressed.

Proposals for a new mineral aggregate operation, or an expansion to an existing mineral aggregate operation, within the Greenbelt Plan Natural Heritage System shall demonstrate through an Environmental Impact Statement and hydrogeological Study: a) How the connectivity between key natural heritage features and key hydrologic features identified in Table C.2.6-1, will be maintained before, during and after the extraction of mineral aggregates; b) How any habitat that would be lost from the site could be immediately replaced with equivalent habitat on another part of the site, or on adjacent lands; and, c) How the Water Resource System shall be protected or enhanced.

2.6.5

An expansion to an existing mineral aggregate operation within the Greenbelt Plan Natural Heritage System and a new mineral aggregate operation or the expansion to an existing mineral aggregate operation outside the Greenbelt Plan Natural Heritage System, listed in Table C.2.6-2: a) shall not be permitted in the natural features and areas listed in Table C.2.62 and identified by the letter C. b) shall not be permitted in the natural features and areas listed in Table C.2.62 and identified by the letter D, unless it has been demonstrated through an Environmental Impact Statement that there will be no negative impacts on the natural features or their ecological functions.

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Chapter C - City Wide Systems and Designations c) shall not be permitted in adjacent lands to the natural features and areas listed in Table C.2.6-2 identified by the letters C and D, unless it has been demonstrated through an Environmental Impact Statement that there will be no negative impacts on the natural features or their ecological functions. d) shall demonstrate through an Environmental Impact Statement how the diversity and connectivity of natural features in an area, and the long term ecological function and biodiversity of the natural heritage system should be maintained, restored or, where possible, improved recognizing the linkages between and among natural heritage features and areas, surface water features and ground water features. Table C.2.6.1 – Greenbelt Plan Key Natural Heritage and Hydrologic Features – Mineral Aggregate Operations Within Greenbelt Natural Heritage System of the Protected Countryside

New Operations

Key Natural Heritage and Key Hydrologic Features 1 Significant wetlands A 2 Significant habitat of threatened and A endangered species 3 Significant woodlands A 4 Fish habitat in accordance with B applicable provincial and federal statutes and regulations 5 Significant valleylands B 6 Significant wildlife habitat B 7 Sand barrens, savannahs and tallgrass B prairies 8 Alvars B 9 Permanent and intermittent streams B 10 Lakes (and their littoral zones) B 11 Seepage areas and springs B 12 Wetlands B 13 Significant habitat of special concern B species 14 Life Science Areas of Natural and Scientific Interest (ANSIs) B Letter A refer to Policy C.2.6.3, C.2.6.4 and C.2.3.4 Letter B refer to Policy C.2.6.3 and C.2.6.4

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New Wayside Pits & Quarries

A A A B B B B B B B B B B B


Chapter C - City Wide Systems and Designations Table C.2.6.2 – Provincial Policy Statement Natural Features and Areas – Mineral Aggregate Operations Lands Within Greenbelt Protected Countryside Within Outside Greenbelt Greenbelt Natural Heritage System Natural Heritage System Expansions New Expansion Operations D D D

Natural Features & Areas 1 Fish Habitat, in accordance with applicable provincial and federal statutes and regulations 2 Significant areas D D of natural and scientific interest 3 Significant habitat of C C threatened and endangered species 4 Significant D D valleylands 5 Significant wetlands / C C Significant coastal wetlands 6 Significant wildlife D D habitat 7 Significant D D woodlands Letter C refer to Policy C.2.6.5 and C.2.3.4 Letter D refer to Policy C.2.6.5

Lands Outside Greenbelt Protected Countryside

New Operations D

Expansions

D

D

D

C

C

C

D

D

D

C

C

C

D

D

D

D

D

D

D

2.7

Natural Heritage System - Linkages

2.7.1

Connections between natural areas provide opportunities for plant and animal movement, hydrological and nutrient cycling, and maintain ecological health and integrity of the overall Natural Heritage System. The City recognizes the importance of sustaining linkages between Core Areas shown on Schedule B Natural Heritage System. It is the intent of this policy that linkages be protected and enhanced to sustain the Natural Heritage System wherever possible.

2.7.2

Linkages have not been mapped at this time. The City will prepare mapping of linkages to be added to Schedule B - Natural Heritage System, and Appendices B1-8 - Detailed Natural Heritage Features, within the Natural Heritage System by amendment.

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Chapter C - City Wide Systems and Designations

2.7.3

The City shall encourage the connection of Core Areas within the municipality and adjacent to its municipal boundaries through the identification of linkages in Environmental Impact Statements. Linkages include the following: a) Woodland linkages (e.g. small woodlots); b) Other natural vegetation types (e.g. meadows, old field, thickets); or c) Streams and watercourses that connect Core Areas.

2.7.4

On its own properties, including road right-of-ways, utilities, major infrastructure facilities, and storm water management ponds the City shall enhance linkages by restoring natural habitat, where appropriate. The City shall support the naturalization of vegetation in inactive sections of parks and open space areas, where appropriate.

2.7.5

The City shall require the incorporation of environmental linkages into a design of new development requiring approval by this Plan as recommended by an Environmental Impact Statement to retain and enhance the cultural, aesthetic, and environmental qualities of the landscape, wherever possible.

2.7.6

Where new development or site alteration is proposed within a linkage in the Natural Heritage System as identified by an Environmental Impact Statement, the Environmental Impact Statement shall include a Linkage Assessment. The City shall prepare Guidelines for Linkage Assessments, to guide applicants in the study of linkages. Until these Guidelines are developed, the Linkage Assessments must include the following information: a) Identify the linkage(s) and ecological functions on the subject land; b) Assess the viability and integrity of the linkage(s) as a result of the development proposal; and c) Make recommendations on how to protect, enhance or mitigate impacts on the linkage(s) and its functions through planning, design and construction practices.

2.8

Watershed Planning

2.8.1

Watershed planning is an ecosystem approach to land use and infrastructure planning based on the boundaries of a watershed or sub-watershed. The City recognizes watershed planning as an important mechanism for guiding land use and infrastructure decisions to protect water and land resources from site specific or cumulative degradation in Urban and Rural Areas.

2.8.2

The City shall work co-operatively with the Conservation Authorities, stakeholders, and other agencies to prepare and implement watershed plans.

2.8.3

All applications for development shall conform to the recommendations in a Rural Settlement Area Plan as it pertains to sub-watershed plan requirements.

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Chapter C - City Wide Systems and Designations

2.9

Remedial Action Plans

2.9.1

The City supports and shall undertake such actions as Council considers necessary for the implementation of the Hamilton Harbour Remedial Action Plan and Niagara River Remedial Action Plan for the portion of the Welland River watershed within the municipality.

2.10

Tree and Woodland Protection

2.10.1

The City recognizes the importance of trees and woodlands to the health and quality of life in our community. The City shall encourage sustainable forestry practices and the protection and restoration of trees and forests, including significant woodlands, wooded areas, hedgerows, and tree cover within Urban and Rural Settlement Areas.

2.10.2

Opportunities for tree planting on City-owned lands (such as lands designated Open Space and inactive portions of parks) shall be identified and implemented in co-operation with government agencies and local interest groups. In restoration efforts, the City shall plant only native species, preferably those of local origin.

2.10.3

Where the City is undertaking infrastructure work, existing woodland resources shall be protected and preserved, where feasible. If it is necessary for infrastructure works to destroy any trees, the City shall endeavour to compensate by re-planting on site and/or planting trees elsewhere.

2.10.4

The City shall maintain and update as necessary a Woodland Conservation Bylaw and Street Tree Management policy. A Woodland Protection Strategy to protect tree cover on new development sites within Urban and Rural Settlement Areas and provides technical direction and practices to protect trees and other vegetation during construction will be prepared to minimize the impacts on trees and woodlands to be retained.

2.11

Non-Regulatory Natural Heritage System Management

2.11.1

The City shall support agencies, community organizations, and private landowners in their efforts to protect and enhance natural heritage features through private habitat restoration and stewardship, land trusts, public acquisition, conservation easements, property tax mechanisms and similar tools.

2.11.2

The City shall continue to work with Conservation Authorities, other levels of government, landowners, and the community to support education, outreach, and landowner stewardship programs.

2.11.3

The City shall prepare a strategy for the use of non-regulatory measures for the management of natural areas which includes: conservation easements, land trusts, public land dedication or acquisition, an Environmental Reserve Fund to support the acquisition and management of municipal natural areas and financial incentives such as tax relief or grants to landowners who manage and maintain significant natural areas on their land in a natural state.

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Chapter C - City Wide Systems and Designations

2.12

Water Resources

2.12.1

The City shall protect, improve or restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for planning and minimizing potential negative impacts, including cross-jurisdictional and crosswatershed impacts. At such time as source water protection policies are developed in accordance with the Clean Water Act, the City will amend this Plan.

2.12.2

The City shall promote efficient and sustainable use of water resources, including practices for water conservation and sustaining water quality.

2.12.3

Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions.

2.13

External Connections - Outside the Greenbelt Plan Area The river valleys that run through existing or approved urban areas and connect the Greenbelt to inland lakes and the Great Lakes are a key component of the long-term health of the Greenbelt Natural System. These external connections are shown by a dotted line on Schedule B - Natural Heritage System and are located outside the Greenbelt Plan Area. In recognition of the function of the urban river valleys, the City and conservation authorities when considering land conversions or redevelopments in or abutting an urban river valley, should strive for planning approaches that: a) Establish or increase the extent or width of vegetation protection zones in natural self-sustaining vegetation, especially in the most ecologically significant areas; b) Increase or improve fish habitat in streams and in the adjacent riparian lands; c) Include landscaping and habitat restoration that increase the ability of native plants and animals to use valley systems as both wildlife habitat and movement corridors; and d) Seek to avoid, minimize and/or mitigate impacts associated with the quality and quantity of urban run-off into the valley systems; and e) Integrate watershed planning and management approaches for lands both within and beyond the Greenbelt.

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS

C.3.0

GENERAL LAND USE PROVISIONS AND DESIGNATIONS

General land use provisions identify land uses which are permitted in all or multiple designations provided certain conditions are met. These uses include: uses over which the City has no jurisdiction; public uses, such as municipal infrastructure, that are required for day to day operations and other uses that implement the goals, objectives and policies of this Plan without detracting from a primary land use function. In addition to general land use provisions there are two land use designations that will be applied and implemented on a city-wide basis – Open Space and Utilities.

3.1

Rural Area General Provisions

3.1.1

The following uses shall be permitted in all land use designations as set out in the policies below: a) Conservation use such as forest, wildlife and fisheries management shall be permitted provided it complies with Section C.2.0, Natural Heritage System policies of this Plan; b) Transportation facilities and existing electrical facilities used directly for the generation and distribution of electric power, natural gas pipeline lines and new facilities and approved under the Environmental Assessment Act and other relevant statutes shall be permitted in any land use designation located in Rural Hamilton provided they meet the conditions of this Plan; and, c) Municipal infrastructure such as water system facilities, sanitary and storm water facilities, except for sanitary land fill sites, shall be permitted in all land use designations located in Rural Hamilton and shall comply with the policies of Sections C.3.4, Utilities and C.5., Infrastructure of this Plan. Where facilities exist, they shall be designated Utilities on Schedule D - Rural Land Use Designations and the maps for Rural Settlement Areas in Volume 2 of this Plan. d) Mineral aggregate resource operations shall be permitted by amendment to this Plan provided the proposed mineral aggregate extraction use complies with Section D.6.0, Mineral Aggregate Resource Extraction Areas and Section C.2.6- Natural Heritage System - Mineral Aggregate Operations policies of this Plan.

3.1.2

The following uses shall be permitted in the Agriculture, Specialty Crop, Rural and Rural Settlement Area designations, provided the following conditions are met: a) A home business shall be permitted accessory to a dwelling provided that all following conditions and criteria are met: i) The use must be located within an existing dwelling. Limitations on the number of employees, the gross floor area and the types of home business permitted, as well as and other aspects, shall be established in the Zoning By-law;

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS ii) No outside storage shall be permitted in conjunction with a home business; iii) A maximum of one home business shall be permitted on a lot; and iv) The use shall comply with Section C.5.1, Sustainable Private Water and Wastewater Services of this Plan; b) A bed and breakfast establishment shall be permitted provided all the following conditions and criteria are met: i) The establishment is located and is clearly accessory to the main residential use of the existing dwelling. Limitations on the number of guest rooms as well as other aspects of the use shall be established in the Zoning By-law; ii) A maximum of one bed and breakfast establishment shall be permitted on a lot; and iii) The use shall comply with Section C.5.1, Sustainable Private Water and Wastewater Services policies of this Plan; and c) A small scale residential care facility shall be permitted as of right in any single detached dwelling, provided it complies with Section C.5.1, Sustainable Private Water and Wastewater Services policies of this Plan and the Zoning By-law. 3.1.3

The following uses shall be permitted in the Agriculture, Specialty Crop, Rural, Open Space and Utilities designations, provided the following conditions are met: a) A small scale wind energy facility generating electricity only for an individual property shall be permitted as an accessory structure, subject to the requirements of the Zoning By-law and the Niagara Escarpment Plan, where applicable; and b) Exploration and extraction of petroleum resources, including compressor and regulator stations associated with natural gas pipelines and underground natural gas storage shall be permitted in all land use designations within Rural Hamilton and outside the designated Rural Settlement Areas provided all the following criteria are met: i) Buildings and structures required to house pumping equipment and storage facilities related to the petroleum shipment, storage, refining or processing are permitted only on lands located above the Niagara Escarpment; ii) The decommissioning of abandoned oil and natural gas wells and the storage of oil and natural gas directly associated therewith shall be permitted in accordance with the Oil, Gas and Salt Resources Act and its regulations and standards; and

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS iii) Notwithstanding b) above, 1) Petroleum extraction operations shall be prohibited in Provincially Significant Wetlands and habitat of endangered and threatened species; and 2) Additional buildings or structures, or the use of machinery to refine, blend, or otherwise process petrochemicals shall not be permitted. 3.1.4

The following uses shall be permitted in the Agriculture, Specialty Crop, and Rural designations, provided the following conditions are met: a) Except as provided by Section D.2.1.1.4 of this Plan, the Zoning By-law shall limit permitted dwellings to a maximum of one residence per lot in designations where residential uses are permitted; and b) Except as provided for by Section D.2.1.1.4 of this Plan, where a second home is required on a lot on a temporary basis, such as allowing an existing home to be replaced, the City may permit both homes on the same lot for a specified period of time provided that: i) A general provision is included in the Zoning By-law; ii) The temporary residence is provided with sustainable private services as provided for by Section C.5.1, Sustainable Private Water and Wastewater Services policies of this Plan and is designed for removal following the expiration of the Temporary Use By-law; and iii) The owner enters into an agreement and posts financial securities with the municipality to ensure the removal of the temporary residence and its associated uses following the expiration of the temporary use. c) Garden suites may be permitted on a temporary basis subject to a Temporary Use By-law provided the following conditions are met: i) The water and sewage disposal services available on the site are designed and have the capacity to sustain the uses; ii) The use does not expand into key natural heritage features and key hydrologic features, unless there is no other alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure; iii) The temporary residence is designed for removal following the expiration of the Temporary Use By-law; iv) The owner enters into an agreement and posts financial securities with the municipality to ensure the removal of the temporary residence and its associated uses following the expiration of the Temporary Use By-law.

3.2

Urban Area General Provisions Policies in Urban Hamilton Official Plan

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS

3.3

Open Space Hamilton has a diverse and complex network of open spaces including the Niagara Escarpment - a world biosphere reserve, significant environmental features such as wetlands, woodlands, environmentally significant areas; city wide parks and small neighbourhood parks. The Bruce Trail is an essential component of the Niagara Escarpment Parks and Open Space System, linking parks, open space areas, and natural features. Open spaces, both individually and collectively, provide health, environmental, aesthetic and economic benefits that are essential elements for a good quality of life in our community. In addition, open spaces play an important role in defining the character of the City and in preserving its natural environment. Open space is the essential part of the urban and rural fabric of our City, providing common linkages between communities and complementing and enhancing our built and rural environments. It is the City’s goal to establish and maintain an integrated parks and recreation system. This system contributes to a healthy, environmentally sound, and economically diverse community by providing benefits critical for good quality of life. As part of the natural fabric of a community, parks and open spaces are a source of pride and identity. Wherever possible parks shall be linked with other open space lands, walkways, bicycle /multi- use paths and trails. Parkland classifications and standards shall be used to determine the amount and type of parkland required for the community. Planning policies ensure sufficient and viable opens spaces are retained, enhanced expanded and appropriately acquired. Such policies are necessary to achieve the environmental, social, economic, health and aesthetic benefits that parklands and open space provide for our communities.

3.3.1

Lands designated as Open Space on Schedule D - Rural Land Use Designations are public or private areas where the predominant use of or function of the land is for recreational activities, conservation management and other open space uses. These uses include, but are not limited to parks for both active and passive recreational activities including resource-based recreational and tourism uses, recreation/community centres, pedestrian pathways, trails, bikeways and walkways, seasonal campgrounds, marinas, woodlots, forestry and wildlife management areas, fishing reserves, hazard lands and cemeteries. Ancillary commercial uses may be permitted as defined by section B.3.5.1, Parkland Policies and section C.2, Natural Heritage System policies of this Plan.

3.3.2

Open Space designations shall be further refined in Secondary Plans and Rural Settlement Area Plans or identified in an Appendix to this Plan in accordance with Section B.3.5.1, Parkland Policies of this Plan. The following ancillary uses shall be permitted subject to the following: a) Ancillary commercial uses such as but not limited to food concessions, recreational equipment rentals, and water oriented recreational uses that are complimentary to supporting and in conjunction with a resource-based recreational and tourism use, or recreation/community centre, may be

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS permitted provided they do not interfere with or have any negative impacts on the open space nature of the land; and b) One ancillary residential dwelling may be permitted in conjunction with a resource-based recreational and tourism use provided it does not interfere with or have any negative impacts on the open space nature of the land. 3.3.3

Where land is designated Open Space and is under private ownership, it is not intended this land shall necessarily remain so indefinitely, nor shall the Plan be construed as implying these areas are free and open to the general public or shall be purchased by the City.

3.3.4

Open Space lands which are identified in the Niagara Escarpment Parks and Open Space System shall comply with the policies of the Niagara Escarpment Plan.

3.3.5

Open Space lands which are identified as Core Areas of the Natural Heritage System shall comply with the policies of Section C.2.0, Natural Heritage System of this Plan.

3.3.6

The City shall promote healthy, active communities by providing opportunities for public access to shorelines.

3.3.7

Where a redesignation to Open Space is required for the establishment of a new or expansion of an existing resource-based recreation and tourism uses or other major recreational use, including campgrounds, golf courses, trailer parks, resorts and similar tourism-based accommodations and recreational/open space uses such use may be permitted, subject to Section D.4.1.1.2 b) of the Plan.

3.4

Utilities It is the general intent of this Plan to ensure that utility uses are developed in an orderly manner consistent with the needs of the City. The planning, design and development of the utility uses shall complement the intent of policies for other land uses.

3.4.1

Lands designated Utilities shall be for electric power facilities, pipeline facilities and natural gas pipelines, storm water management facilities, solid waste management facilities, water and wastewater service facilities, municipal works yards, major easements or rights of way and commercial wind farms.

3.4.2

Only major utility facilities such as but not limited to compressor stations, major easements, waste management facilities and commercial wind farms shall be designated as Utilities on Schedule D - Rural Land Use Designations. Other utility uses shall be permitted in all land use designations.

3.4.3

Where municipal, provincial and other public agencies are undertaking Class Environmental Assessments under the Environmental Assessment Act, at the time of adoption of this Plan, the location and construction of new facilities and the expansion, extension and operations of existing facilities shall not require an amendment to this Plan. Class Environmental Assessments that commence

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CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS after adoption of this Plan shall be required to undertake an Integrated Class Environmental Assessment and Planning process wherever practical. 3.4.4

Wind farms and any individual turbine to be used for commercial purposes beyond an individual property shall meet the following conditions: a) The use shall not be permitted on lands designated as Niagara Escarpment Plan Natural Area, Protection Area and Rural Area on Schedule A -Provincial Plans; b) The use shall address location of structures, height control, and any other measures as may be deemed to be appropriate by the City; c) The use shall not have negative impacts on surrounding land uses, the use of the land for agriculture, or existing farm operations; and d) Apply for and receive approval of: i) A Zoning By-law amendment to address setbacks, the location and maximum height of wind energy facilities and related buildings and structures; ii) A site plan to address, matters such as access, parking, lighting, drainage, landscaping, buffering and screening; and iii) Any application for a Zoning By-law amendment or site plan approval adjacent to the Niagara Escarpment Plan boundaries shall be submitted to the Niagara Escarpment Commission for review.

3.4.5

The establishment of new and expansions to the existing landfill site shall require an amendment to this Plan.

3.4.6

The location and construction of new water supply and wastewater service facilities shall comply with the provisions of Section C.5.3.2.

3.4.7

Only essential utility facilities, the maintenance of and minor upgrading of existing facilities shall be permitted within the Niagara Escarpment Plan Natural Area, as identified on Schedule A - Provincial Plans.

3.4.8

Utilities shall be developed to integrate with the general character of the surrounding uses through the provision of landscaping, screening and buffering, siting of structures, height control, and any other measures as may be deemed to be appropriate by the City. For lands located in Rural Hamilton, proposed utilities shall minimize the amount of agricultural land required and shall comply with Section C.2.0, Natural Heritage System of this Plan.

3.4.9

Additional uses may be permitted on lands of public authorities and corporations of the Province responsible for the generation and transmission of electric power, Hydro lands and all other lands designated utilities where deemed by Council to be compatible with adjacent land uses.

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Chapter C - City Wide Systems and Designations

C.4.0

TRANSPORTATION

4.1

Airport It is the objective of this Plan to support John C. Munro Airport as a 24 hour, 7 day a week operation. The Airport and the adjacent Airport Business Park is one of the City’s major economic nodes and valued transportation facility which links the movement of goods and people.

4.1.1

The lands identified as John C. Munro Hamilton International Airport on Schedule D - Rural Land Use Designations are recognized as the City’s major airport facility which includes both airport uses and complementary uses which support the primary function of the Airport. These lands are intended to have full municipal services.

4.1.2

The City shall maintain an Airport noise influence area, establish Noise Exposure Forecast (NEF) contours and guidelines for development in the vicinity of the Airport (Transport Canada) to minimize future conflicts between the operation of the Airport and surrounding land uses. The City shall: a) Not permit new residential development and other sensitive land uses to be developed within areas exposed to noise disturbance levels greater than the 28 NEF, except where the lands are currently designated Urban; b) Require that any sensitive land uses developed between 25 and 28 NEF contours implement noise mitigative measures in accordance with provincial and federal guidelines/standards; and c) Restrict development that is noise or land use sensitive to airport operations, or will limit the opportunities for expansion of airport operations or land uses which may cause a potential aviation safety hazard. The limitations of the Airport Influence Area are identified on Schedule F – Airport Influence Area. NEF contours and the Primary Airport Zoning Regulation Area are defined in Appendix D – Noise Exposure Forecast Contours and Primary Airport Zoning Regulations.

4.1.3

The City, in conjunction with the Airport operator, shall prepare Noise Exposure Forecast (NEF) contours and the Primary Airport Zoning Regulation Area and update them, as required to protect the long term 24 hour, seven day a week and 365 day a year operation in conjunction with the John C. Munro Airport. The NEF contours and the Primary Airport Zoning Regulated Area shall be identified on Appendix D of this Plan.

4.1.4

The City shall support the Federal Government and airline companies in the provision of adequate airline and airport service to the residents and businesses in the City.

4.2

Other Transportation Policies Policies to be added by a future Official Plan amendment.

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Chapter C - City Wide Systems and Designations

C.5.0

INFRASTRUCTURE

5.1

Sustainable Private Water and Wastewater Services It is the objective of this Plan to ensure that all new rural development establishes, and maintains in perpetuity, sustainable private services wherever municipal water and/or wastewater services are not available.

5.1.1

A privately maintained cistern and/or sewage disposal holding tank shall not be considered sustainable private services for the purposes of this Plan. No new development shall be approved which is solely dependent upon the use of a cistern and/or a holding tank.

5.1.2

All new development located outside the Urban Area boundary or the municipal water service districts of Freelton, Carlisle, Greensville and Lynden that requires an approval under the Planning Act shall provide sustainable private services. The land owner is responsible for the maintenance, upkeep and repair of all private water supply and sewage disposal systems in accordance with applicable legislation.

5.1.3

All development requiring approval under the Planning Act and Development Permit required under the Niagara Escarpment Plan that is dependent upon sustainable private services shall comply with the following: a) With the exception of applications made under Section 41 of the Planning Act, all development shall ensure that the design and capacity of private water supply and sewage disposal systems are capable of sustaining the land uses permitted by the Zoning By-law in the buildings to be serviced by those systems; b) An application for the severance or subdivision of a lot or an amendment to the Zoning By-law for an existing lot utilizing an existing or proposed private sewage disposal system shall include sufficient land to accommodate a reserve discharge site or leaching bed for the system effluent in the event of a failure of the primary discharge site or leaching bed; c) An application for the severance or subdivision of a lot or an amendment to the Zoning By-law for an existing lot that includes an existing or proposed sewage disposal system shall be a minimum, 0.4 hectares (1 acre) in size, or such larger lot area as may be required by environmental or cumulative land use conditions associated with the site for the discharge and dispersion of sewage system effluent in accordance with the Ontario Building Code Act; d) All applications for severance or subdivision of a new lot or creation of a new land use requiring amendment to this Plan or the Zoning By-law, or any development permits in an area not served by existing municipal water or wastewater systems, shall include a servicing suitability study of groundwater and geotechnical conditions that includes an assessment of water supply and sewage disposal system impacts of existing and proposed development associated with the site that is prepared by a professional engineer, hydrogeologist or similarly qualified professional which demonstrates to the satisfaction of the City that a private water well and private sewage disposal

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Chapter C - City Wide Systems and Designations system with associated reserve discharge area can be established in accordance with the sustainable private service definition of this Plan; e) The City may consult with such agencies as deemed advisable and/or retain the services of an independent consultant at the expense of the applicant, to peer review the study described in Section C.5.1.3 d) above; and f) No endorsement, draft or conditional approval under the Planning Act shall be provided by the City for any development dependent on a new private sewage disposal system until the development has complied with the provisions of Section C.5.1.3 a), b), c), d) and e) above. g) No final approval under the Planning Act shall be provided by the City for any development dependent upon a new private water supply system until the development has complied with the provisions of Section C.5.1.3 a), d) and e) above.

5.2

Communal Water and Wastewater Systems The Province requires municipalities to prohibit the extension or expansion of lake-based municipal services to all rural areas, except in response to public health emergencies. The extension of lake-based municipal service systems may be necessary if private or municipally-operated communal water or wastewater treatment systems experience serious operational constraints or failures in future. The City operates communal water supply systems in Freelton, Carlisle, Greenville and Lynden as a result of private water service failures, operator default and/or previous public health emergencies. A variety of private communal water and wastewater systems associated with specific developments have also been established in the past. Many existing communal systems operate in conjunction with privately maintained sewage disposal systems resulting in partly serviced rural development. Partly serviced rural development is subject to a higher risk of failure and the potential for future public health emergencies. Therefore, it is the objective of this Plan to restrict both the creation and expansion of communally serviced or partially serviced rural development.

5.2.1

The creation of new communal water or wastewater treatment systems is prohibited.

5.2.2

The expansion of all existing communal water and wastewater systems that would increase the number of partly serviced properties in the Rural Area is prohibited except as stated in Section 5.2.4 below.

5.2.3

The City will not consider nor accept to becoming a party to a ‘default responsibility agreement’ for any private communal water supply or sewage treatment system as may be required pursuant to Ministry of the Environment guidelines whether or not the existing or proposed development is permitted by this Plan or the Zoning By-law. An amendment to this Plan shall be required prior to acceptance of a ‘default responsibility agreement’ for a private communal water supply or wastewater system. Such amendment will not be considered for a private communal system unless a Municipal Class Environmental Assessment completed in accordance terms of reference approved by the City and the

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Rural Hamilton Official Plan March 7, 2012


Chapter C - City Wide Systems and Designations estimated cost of system operation and maintenance, including appropriate financial securities required in the event of system failure, have been identified and will be charged by registered agreement to the owners of the land serviced by the expanded communal service system. 5.2.4

No extension of municipal or communal water or wastewater services outside of designated Urban Area or Rural Settlement Area boundaries shall be permitted by this Plan unless the Medical Officer of Health declares an urgent public health emergency and there are no viable alternatives to rectify the emergency except by the provision of communal water and/or wastewater services to the affected population.

5.3

Lake-Based Municipal Water and Wastewater Systems It is the objective of this Plan to prohibit the expansion of all lake-based, municipal water and wastewater services outside the Urban Area boundary.

5.3.1

The Province requires municipalities to prohibit the extension or expansion of lake-based municipal services outside of Urban Area boundaries, except in response to public health emergencies. No extensions of or new connections to municipal lake-based water and wastewater systems shall be permitted by this Plan in the Rural Area or designated Rural Settlement Areas unless the Medical Officer of Health declares an urgent public health emergency and there are no viable alternatives to rectify the emergency except by the provision of municipal water and/or wastewater systems to the affected population.

5.3.2

Notwithstanding Section C.5.3.1, prior to the adoption of this Plan, the City has installed, approved specific Official Plan policies, entered into legal agreements and approved engineering plans in accordance with its former Official Plan policies to extend or expand lake-based municipal water and wastewater services to settlements and properties in the Rural Area. This Plan recognizes and permits these existing and approved public works to be maintained or completed in accordance with previously policies, agreements and plans approved on or before December 16, 2004. No future lake-based municipal service extensions or expansions, agreements, plans or amendments to same shall be permitted by this Plan.

5.3.3

New or expanded partial servicing, where site conditions are suitable for the long-term provision of such services, shall only be permitted in the following circumstances: a) Where the Medical Officer of Health declares an urgent public health emergency and there are no viable alternatives to rectify the emergency except by the provision of partial services to the affected population and existing development; b) To allow for infilling within designated Rural Settlement Areas served by partial services as of December 16, 2004 where permitted by this Plan.

5.4

Storm Water Management Facilities The City shall ensure that appropriate storm water management facilities are built and maintained to provide a safe and secure system for storm water.

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Chapter C - City Wide Systems and Designations

5.4.1

The location and construction of new storm water management ponds and the expansion, extension and operation of existing facilities on lands designated as Agriculture, Specialty Crop, Rural, Utilities and Rural Settlement Area on Schedule D - Rural Land Use Designations shall meet the following conditions: a) Storm water management ponds are prohibited within key natural heritage and key hydrologic features or their vegetation protection zone; and b) Notwithstanding Policy C.5.4.1 a), naturalized storm water management ponds shall be permitted in portions of the Spencer Creek and Redhill Creek river valleys, provided the pond is located a minimum of 30-metres from the edge of a river or stream and is located outside the vegetation protection zone of any abutting key natural heritage and key hydrologic features.

5.4.2

Construction of new storm water management ponds and the expansion, extension, alteration and operations of existing facilities in accordance with the policies of Section F.3.2.3 on lands designated as Agriculture, Specialty Crop, Rural, and Utilities on Schedule D - Rural Land Use Designations, shall be to the satisfaction of the City and the relevant Conservation Authority and shall be accompanied by a storm water management plan which shall demonstrate that: a) Planning, design and construction practices minimize vegetation removal, grading and soil compaction, sediment erosion, the creation of breeding areas for human disease vector species and impervious surfaces; and b) Where appropriate, an integrated approach is used to minimize storm water management flows and structures by such measures as discharge controls and conveyance techniques on individual lots.

5.4.3

In addition to Sections C.5.4.2 a) otherwise required by Section recommendations, standards and other relevant municipal studies management.

5.5

Waste Management Facilities

and b), a storm water management plan F.3.2.3 of this Plan shall comply with targets of approved watershed plans and relating to the provision of storm water

The City is responsible for the residential waste generated within its boundaries. Waste is managed through a variety of waste management system methods including landfill sites, composting, household organics and recycling. New methods of waste disposal will be pursued that will increase the amount of waste diverted from landfill. 5.5.1

The City shall maintain a landfill site that is efficiently designed and operated to protect human health.

5.5.2

New methods of waste disposal such as Energy from Waste shall be explored by the City to optimize the capacity of the Glanbrook landfill.

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Chapter C - City Wide Systems and Designations 5.5.3

The City shall cooperate with neighbouring municipalities to explore opportunities, implement partnerships and, where feasible, share waste management facilities.

5.5.4

The Solid Waste Management Master Plan recommendations shall be implemented through the Official Plan and Zoning By-law, where appropriate.

5.5.5

The location and construction of new solid waste management facilities and the expansion, extension and operations of existing facilities on lands designated as Agriculture, Specialty Crop, Rural, Utilities on Schedule D - Rural Land Use Designations shall meet the policies of Section C.2, Natural Heritage System and Section C.3.4, Utilities.

5.5.6

The City shall monitor the leachate seepage and methane gas conditions of all sanitary landfill sites managed by the City, and, in so doing, take every measure to protect the surrounding area and prevent adverse environmental effects that may be associated with the sanitary landfill site.

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Chapter D -Rural Systems, Designations and Resources

CHAPTER D - RURAL SYSTEMS, DESIGNATIONS AND RESOURCES Rural Hamilton combines diverse geographies, communities, economies, resources, and land uses. Rural Hamilton's primary land use function is resource related. It provides opportunities for agriculture, non-renewable and natural heritage resources. At the same time it is home to a large number of residents who have opted to live in a rural setting and are not directly involved in any resource related activities. The diverse and occasionally conflicting nature of these land uses and resources provides the context for the following policies. The policies of this Plan identify and protect all rural resources, as well as recognize Rural Settlement Areas, provide opportunities for resource-based commercial and industrial uses, as well as resource-based recreational uses.

Right-to-Farm Agricultural uses are the primary long-term land use in Rural Hamilton. Normal farm practices create odour, noise, dust, flies, smoke, light and vibration associated with livestock, cultivation, farm maintenance and heavy machinery, and include early morning and late evening activities, especially during planting and harvesting periods. The main purpose of the designations applying to Rural Hamilton is to provide a secure land base for agricultural activities. Other uses, particularly non-farm residential, are attracted to this area by lower land prices, and by the image of quiet, peaceful open space and may be adversely impacted by normal farm practices. The City supports the right-to-farm concept, and when applying the policies of this Plan, agricultural uses will be given priority in Rural Hamilton.

Non-Renewable Resources Mineral aggregate resources and resources found in Rural Hamilton. significant building materials for our of aggregates close to market is reasons.

gas and petroleum resources are non-renewable Mineral aggregate resources, in particular, provide communities and infrastructure, and the availability important both for economic and environmental

Access to both mineral aggregate resources and gas and petroleum resources can be precluded or hindered by nearby incompatible land uses, and mineral aggregate extraction can have negative impacts on neighbours, natural heritage systems and features, and infrastructure. The purposes of the policies of this Plan are to protect mineral aggregate resources and make them available for extraction while minimizing impacts on the natural environment, residents, neighbouring land uses, and the wider City.

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Chapter D - Rural Systems, Designations and Resources

*

The deferral of “Appendix/Schedule C” applies to both the substantive content of “Appendix/Schedule C” and whether the appropriate title of “C” is “Appendix” or “Schedule”.

D.1.0

GOALS

The following goals apply to the Rural systems land use designations and resources as detailed in Schedule D - Rural Land Use Designations and on (Appendix/Schedule C – Non renewable resources – deferred – until the deferral is resolved Map No. 5 of the Region of Hamilton-Wentworth Official Plan shall apply)*, of this Plan.

1.1

Reinforce and support the significant contribution agriculture makes to the lifestyle, environment and economy of the City.

1.2

Maintain and promote the right-to-farm throughout Rural Hamilton.

1.3

Preserve and enhance prime agricultural areas and specialty crop areas for farming.

1.4

Encourage all lands used for agricultural uses to remain in agricultural uses.

1.5

Direct non-farm, rural-oriented development to Rural Settlement Areas and Rural Areas.

1.6

Recognize the diverse and innovative nature of agriculture by providing opportunities for on-farm diversification.

1.7

Recognize the important economic and societal benefits of mineral aggregate resources both locally and throughout the GTAH region.

1.8

Protect potential mineral aggregate resource areas from incompatible development in recognition of the non-renewable nature and importance of the resource.

1.9

Make as much of the mineral aggregate resource as is realistically possible available for extraction.

1.10

Recognize and protect petroleum resources.

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Chapter D - Rural Systems, Designations and Resources

D.2.0

AGRICULTURE DESIGNATION

The Agriculture designation applies to lands designated Agriculture on Schedule D - Rural Land Use Designations. The primary intent of the Agriculture designation is to protect the prime agricultural areas for agricultural use over the life of this Plan. These policies provide for a wide range of farm types while preventing further conflicts of use, and ensuring the sustainability of the Natural Heritage System.

2.1

Permitted Uses Uses permitted in the Agriculture designation are limited to agricultural uses, agricultural-related commercial and agricultural-related industrial uses and onfarm secondary uses as set out in the following policies. Agricultural Uses

2.1.1

Agricultural uses are permitted subject to the policies of this Plan.

2.1.1.1

Mushroom operations, including the growing, harvesting, cleaning, packaging and shipping of mushrooms produced on the site and any other uses directly related to mushroom production including the creation of compost are permitted. The establishment of a new mushroom operation or the expansion of an existing operation shall be subject to Site Plan approval to address the appropriate building location, drainage, and any other matters.

2.1.1.2

Tree farms are permitted, provided that any goods and materials offered for sale are limited to small scale retailing of agricultural products grown and produced primarily on-site in accordance with the policies of Section D.2.1.3.2 c) of this Plan for on-farm secondary uses.

2.1.1.3

Farm greenhouses are greenhouses used primarily for the growing of crops for off-site wholesale only. Farm greenhouses may be permitted provided the following conditions are met: a) Site Plan approval shall be required to address appropriate building location, storm water management and drainage; and b) Any goods or materials offered for sale shall be limited to small scale retailing of products grown and produced primarily on site in accordance with the policies of Section D.2.1.3.2 c) of this Plan for on-farm secondary uses.

2.1.1.4

A farm labour residence may be permitted on the same lot as the primary farm use provided all the following conditions are met: a) The size and nature of the farm operation requires additional on-site employment for regular and extended periods of time in the annual production process such that additional accommodation is required for the viability and effective operation of the farm; b) A maximum of one farm labour residence may be permitted without an amendment to the Zoning By-Law, in the form of an accessory apartment

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Chapter D - Rural Systems, Designations and Resources attached to and forming part of the principal farm residence, or an accessory detached temporary dwelling, such as a mobile home, provided: i) Servicing of the second unit shall be in accordance with Section C.5.1, Sustainable Private Water and Wastewater Services policies of this Plan. ii) Where a temporary dwelling is used as a farm labour residence: 1) Site Plan approval shall be required regarding location of the temporary dwelling, access from a street, and any other matters. Any accessory detached temporary dwelling to be used as a farm labour residence shall be located near the principal farm dwelling with shared driveway access; and 2) The owner shall remove the temporary dwelling from the subject farm if, in the opinion of the City, it is no longer required or used as a farm labour residence; and c) The severance of a lot for a farm labour residence shall not be permitted. Agricultural-Related Uses 2.1.2

Agricultural-related uses are farm-related commercial and farm-related industrial uses that are small scale, producing products and services, wholly and directly related to a farming operation and which are required in close proximity to an agricultural use. They are uses necessary to support agricultural uses and are permitted provided the following conditions are met: a) The use must produce products or services directly related to a farming operation, and requires a location in close proximity to a farm operation. Permitted uses shall be limited to grain dryers, feed mills, grain and seed storage facilities, primary farm produce bulk storage and processing facilities, farm product supply dealers, livestock assembly points, and agricultural research operations; b) The use shall be located to minimize the amount of land removed from agricultural production; c) The use shall be located where access is by a road capable of handling the traffic generated. Access to the site shall not create a traffic hazard due to inadequate sight lines or any other traffic hazard; d) The use shall not negatively affect environmental features in accordance with section C.2.0, Natural Heritage System of this Plan; and e) Agricultural-related uses shall be subject to Site Plan approval to address appropriate setbacks, building size and location, parking, lighting, drainage, buffering, screening and landscaping, and any other matter.

2.1.2.1

Appropriate development standards shall be established in the Zoning By-law regarding the maximum floor area for such uses, access, parking, outside storage, and any other appropriate requirements.

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2.1.2.2

The severance of a lot for farm-related commercial and farm-related industrial uses shall be in accordance with Section F.1.14.2, Lot Creation policies of this Plan. Where private services are required, the lot severed for the agriculturalrelated use shall be in accordance with Section C.5.1, Sustainable Private Water and Wastewater Services policies of this Plan. On-Farm Secondary Uses

2.1.3

To encourage on-farm economic diversification as a means of reinforcing the agricultural economy, limited secondary uses are permitted. On-farm secondary uses are secondary to the primary agricultural use and are limited to agri-tourism uses, farm vacation homes, home industries, kennels, and small scale retailing of agricultural products. On-farm secondary uses shall be permitted provided the following conditions are met in all cases: a) The use shall be clearly secondary to the primary agricultural use maintained on the lot; b) Any buildings or structures associated with an on-farm secondary use shall allow for ease of conversion to a future agricultural use and be located to form an integral part of the primary farm cluster; c) Appropriate development standards shall be established in the Zoning Bylaw regarding the maximum floor area for such uses, access, parking, outside storage, and any other requirements; and d) Site Plan approval may be required.

2.1.3.1

The severance of a new lot for on-farm secondary uses shall not be permitted.

2.1.3.2

In addition to the above policies, on-farm secondary uses shall be subject to the following conditions: a) A farm vacation home within an existing dwelling may be permitted subject to the following conditions: i) The scale of the establishment is clearly secondary to the main agricultural use; ii) Limitations on the number of guest rooms as well as other aspects of the use shall be established in the Zoning By-law; and iii) A maximum of one farm vacation home is permitted on a lot. b) A home industry is limited to an agricultural-related use such as small scale manufacturing processing and assembly use, or a craftsperson shop, conducted in whole or in part in an existing on-farm building provided the following conditions are met: i) A home industry shall only be permitted on lots greater than 5.0 hectares in size; ii) The home industry must be operated by a resident of the property;

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Chapter D - Rural Systems, Designations and Resources

iii) To ensure that the scale of the home industry is clearly accessory to the main agricultural use, limitations on the number of employees, the gross floor area, outside storage and the permitted activities, as well as other aspects of a home industry, shall be established in the Zoning By-law; and iv) A maximum of one home industry may be permitted on a lot. c) Small scale retailing of agricultural products grown primarily on the site may be permitted, subject to the following conditions: i) To ensure that the use is clearly accessory to the main agricultural use, limitations on the area of the site and/or building floor area that may be used for retail purposes, as well as other aspects of the use shall be established in the Zoning By-law; and ii) No retailing shall be permitted within the principal farm residence or any other dwelling such as a farm labour residence. d) Agri-tourism uses and facilities associated with seasonal farm-related attractions, and farm tours may be permitted, subject to a Zoning By-law amendment for any new buildings and structures for the agri-tourism use. e) A kennel may be permitted. To ensure that the use is clearly accessory to the main agricultural use and will not impact adjacent land uses, limitations on the area of the site and/or building floor area used for a kennel, required setbacks from adjacent sensitive land uses and minimum separation distances between kennels, as well as other aspects of the use shall be established in the Zoning By-law.

2.2

Other Provisions

2.2.1

Lands designated Agriculture shall not be redesignated for non-agricultural uses, with the exception of uses permitted by Section C.3.1, Rural Area General Provisions of this Plan and areas identified in Volume 3 of this Plan. Lands designated Agriculture shall not be redesignated for non-agricultural uses. [Mod 24] Policy D.2.2.1 still under appeal-Multiple Parties

2.2.2

Development proposed within a provincial plan area identified on Schedule A Provincial Plans shall comply with Section C.1.0, Provincial Plans, of this Plan.

2.2.3

In areas adjacent to or within lands identified as Potential Mineral Aggregate Resource Areas, as shown in (Appendix/Schedule C – Non renewable resources – deferred – until the deferral is resolved Map No. 5 of the Region of HamiltonWentworth Official Plan shall apply)* or within 300 metres of an existing pit or 500 metres of an existing quarry, development that would preclude or hinder the establishment of new or expanded operations, or access to the resource shall not be permitted unless: a) Mineral Aggregate Resource use is proven not to be feasible; or

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Chapter D - Rural Systems, Designations and Resources

b) The proposed land uses or development serves a greater long term public interest; and c) Any public health, safety and environmental impacts of existing, expanding, or new mineral aggregate operations on the proposed land uses can be addressed. 2.2.4

Where an Official Plan amendment or Zoning By-law amendment is required by the policies of this Plan for sensitive land uses within 300 metres of an existing pit or 500 metres of an existing quarry, the applicants shall be required to submit information that assesses the compatibility of the proposed land use, the potential impacts on the mineral aggregate resources extraction operation and mitigation measures that would eliminate or reduce the potential for land use conflicts.

*

The deferral of “Appendix/Schedule C” applies to both the substantive content of “Appendix/Schedule C” and whether the appropriate title of “C” is “Appendix” or “Schedule”.

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Chapter D - Rural Systems, Designations and Resources

D.3.0

SPECIALTY CROP DESIGNATION

The Specialty Crop designation applies to lands designated on Schedule D - Rural Land Use Designations. These areas are identified as having unique growing potential for crops, such as vinifera grapes and tender fruits due to the unique climate. The intent of the Specialty Crop designation is to protect the “Tender Fruit and Grape� areas identified by the Greenbelt Plan.

3.1

Permitted Uses Uses permitted within the Specialty Crop designation are limited to agricultural uses, agricultural-related uses, and secondary uses, subject to all policies of Section D.2.0, Agricultural Designation of this Plan.

3.1.1

A small scale winery may be permitted secondary to a permitted agricultural use in the Specialty Crop designation provided the following conditions are met: a) A small scale winery shall only be permitted as an accessory use to an agricultural use on lots 4 hectares (10 acres) or greater; b) Site Plan approval shall be required to address appropriate setbacks, building size and location, parking, lighting, drainage, buffering, screening and landscaping, and any other matters; c) A minimum of 2 hectares (5 acres) of the agricultural use parcel shall be used for the production of grapes or other produce directly associated with on-site wine production in the winery; d) A small scale winery shall be located where access is provided by an appropriate road capable of accommodating the traffic generated. A traffic impact analysis may be required; e) The maximum building area devoted to a small scale winery shall not exceed 1.5 percent of the farm parcel, or a maximum of 2,323 square metres (25,000 square feet) of gross floor area aboveground, whichever is less; f) The display, retail sale and/or tasting of wine produced on the farm parcel and accessory retail sale of gifts, promotional and other non-local material may be permitted, as provided for by the Zoning By-law; and g) Restaurants, banquet halls, hotels, motels, hostels, schools, residences, and conference facilities shall not be permitted.

3.1.2

Appropriate development standards shall be established in the Zoning By-law regarding the maximum floor area including floor area devoted to retailing, access, parking, outside storage, and any other appropriate requirements.

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Chapter D - Rural Systems, Designations and Resources

3.2

Other Provisions

3.2.1

Development proposed within a provincial plan area identified on Schedule A Provincial Plans, shall comply with Section C.1.0, Provincial Plans of this Plan.

3.2.2

Development shall comply with Sections D.2.2.3 and D.2.2.4 of this Plan.

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Chapter D - Rural Systems, Designations and Resources

D.4.0

RURAL DESIGNATION

The Rural designation applies to lands designated Rural on Schedule D - Rural Land Use Designations. While these lands are characterized as having lower capability for agriculture due to a range of factors, the intent of this Plan is to protect and maintain agricultural uses as the primary and predominant land use and to protect farm operations from incompatible forms of development so as to preserve these lands for agricultural use.

4.1

Permitted Uses Uses permitted in the Rural designation are limited to the uses permitted in Section D.2.0, Agriculture Designation of this Plan, other resource-based rural uses and institutional uses serving the rural community as follows:

4.1.1

Resource-Based Commercial and Resource-Based Industrial Uses are permitted provided the following conditions are met: a) The use must be directly related to and require a location on or in close proximity to a rural resource. Permitted resource-based commercial and resource-based industrial uses shall include commercial tree farms, retail greenhouses and nurseries, cement/concrete production, commercial water-taking, and sawmills; b) The use shall not adversely impact surrounding agricultural uses or existing farm operations. Where non-farm development is proposed on lands used for agriculture it must be demonstrated, to the satisfaction of the City, that no reasonable alternative exists and the need and demand for the use at the proposed location is justified for the amount of land proposed based on existing undeveloped lands available for development in Rural Settlement Areas designation and the Urban Area; c) Any new or expanded use proposed within 500 metres of a designated Rural Settlement Area or an estate residential development recognized as a sitespecific policy area by this Plan shall provide evidence to the satisfaction of the City that there are no negative effects on the Rural Settlement Area or the estate residential development with respect to noise, vibration, lighting, traffic, and ground water; d) The development shall be compatible with surrounding land uses and the rural landscape; and e) A Zoning By-law amendment and Site Plan approval shall be required to permit the use and address appropriate setbacks, building size and location, parking, lighting, drainage, buffering, screening and landscaping, and any other matters.

4.1.1.1

The severance of a lot for existing resource-based commercial and industrial development may be considered in accordance with Section F.1.14.2, Lot Creation policies of this Plan.

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Chapter D - Rural Systems, Designations and Resources 4.1.1.2

In addition to the above policies, specific resource-based uses shall be subject to added criteria as set out below, a) Commercial water-taking for bottling and bulk transport uses, requiring the issuance of a Permit to Take Water under provincial statute that involve the taking of water in excess of 50,000 litres per day for commercial sale, shall require hydrogeological studies to ensure the quality and quantity of ground and surface water available to other users of the aquifer are maintained and to address any impacts on natural heritage system features and functions prior to approval of a Zoning By-law amendment for the size and location of buildings and other facilities associated with the use. b) Resource-based recreation and tourism uses including campgrounds, golf courses, trailer parks, and similar seasonal or tourism-based accommodations, and recreational/open space uses shall only be considered in the Rural designation by amendment to this Plan to obtain an appropriate land use designation permitting the proposed use, and subject to the criteria of Section D.4.1.1 b) to e). c) Where a tree farm or nursery proposes the sale of goods and materials that are not grown and produced on site, and do not conform to the criteria for small scale retailing of agricultural products set out in Section D.2.1.3.2 c) of the Agriculture designation, a Zoning By-law amendment and a Site Plan approval shall be required to place the subject property in a site-specific zone that specifically regulates the type of retail uses permitted, including the area of the site and buildings that may be used for retail/display purposes, appropriate setbacks, building size and location, parking, loading, road access, lighting, drainage, buffering, screening and landscaping, and any other matters. d) Retail greenhouses and retail nurseries are uses that involve the sale of plants, goods and materials that may or may not be grown and produced on site, and do not conform to the criteria for small scale retailing of agricultural products set out in Section D.2.1.3.2 c) of the Agriculture designation. Retail greenhouses and retail nurseries may be permitted provided the retail use shall be located on the same lot and operated in conjunction with an agricultural use and shall be subject to the following conditions: i) A Zoning By-law amendment shall be required to place the subject property in a site-specific zone that specifically identifies the type of retail facility permitted, including the area of the site and buildings that may be used for retail/display purposes, and to address any other matters; ii) Site Plan approval shall be required to address appropriate building location, parking, road access, lighting, drainage, buffering, screening and landscaping, and any other matters; and iii) On-site storm water management shall be required as a condition of development.

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Chapter D - Rural Systems, Designations and Resources 4.1.2

Institutional uses serving the rural community are permitted provided the following conditions are met: a) The institutional use must be primarily related to and directly serving the needs of the rural population. Permitted rural institutional uses shall be limited to schools, school bus depots, small scale places of worship, rural community centres, and residential care facilities; and b) The use shall be subject to the policies of Section D.4.1.1 b) to e).

4.1.3

Aside from the agricultural-related uses permitted in Section D.2.1.2, an agricultural fairground may also be permitted provided the conditions of Section D.4.1.1 c) to e) are met.

4.2

Other Provisions

4.2.1

Development proposed within a provincial plan area identified on Schedule A Provincial Plans, shall comply with Section C.1.0, Provincial Plans, of this Plan.

4.2.2

Development shall comply with Sections D.2.2.3 and D.2.2.4 of this Plan.

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Chapter D - Rural Systems, Designations and Resources

D.5.0

RURAL SETTLEMENT AREAS

The Rural Settlement Area designation on Schedule D - Rural Land Use Designations, designates those areas where a variety of land uses and developments have clustered together on a small scale outside the designated Urban Area. These areas are intended to be residential and service centres that serve the immediate community and the surrounding rural area. Nineteen (19) Rural Settlement Areas have been identified and designated on Schedule D - Rural Land Use Designations. Lands designated Rural Settlement Area shall be subject to Rural Settlement Area general policies and Secondary Plan policies for each Rural Settlement Area set out in Volume 2 of this Plan.

5.1

Other Provisions

5.1.1

Development proposed within a provincial plan area identified on Schedule A Provincial Plans shall comply with Section C.1.0, Provincial Plans, of this Plan.

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Chapter D - Rural Systems, Designations and Resources

*

The deferral of “Appendix/Schedule C” applies to both the substantive content of “Appendix/Schedule C” and whether the appropriate title of “C” is “Appendix” or “Schedule”.

D.6.0

MINERAL AGGREGATE RESOURCE EXTRACTION AREAS

Mineral aggregate resources are materials such as sand, gravel, stone, shale, limestone, rock or other material used for the purposes of construction, industrial, manufacturing, maintenance and landscaping. The Aggregate Resources Act (ARA) is the primary legislation that regulates the operation and rehabilitation of pits, quarries, and wayside pits and quarries. The Provincial Policy Statement requires municipalities to protect mineral aggregate resources for long term use, ensuring that as much of the resource is made available as close to markets as possible. The municipal interest, expressed through an Official Plan is to ensure that mineral aggregate operations are located, designed and rehabilitated to address the community’s planning goals.

6.1

Mineral Aggregate Resource Areas where there is a high potential for resource extraction are identified as Potential Mineral Aggregate Resource Areas on (Appendix/Schedule C – Non renewable resources – deferred – until the deferral is resolved Map No. 5 of the Region of Hamilton-Wentworth Official Plan shall apply)*, to this Plan.

6.2

All existing licensed mineral aggregate operations are designated Mineral Aggregate Resource Extraction Areas on Schedule D - Rural Land Use Designations to this Plan.

6.3

Mineral aggregate operations within the Niagara Escarpment Plan area, as shown on Schedule A - Provincial Plans, shall meet the requirements of this Plan and Niagara Escarpment Plan. Where there is discrepancy between this Plan and the Niagara Escarpment Plan, the most restrictive policies will prevail.

Permitted Uses 6.4

The following uses are permitted on lands designated on Schedule D - Rural Land Use Designations as Mineral Aggregate Resource Extraction Areas subject to other applicable policies of this Plan, the Niagara Escarpment Plan, applicable Zoning By-laws, conditions of the license and the Aggregate Resources Act: a) The extraction of mineral aggregate resources, prescribed under the Aggregate Resources Act from licensed sand and gravel pits, quarries, and wayside pits and quarries; and b) Accessory uses related to extraction, such as aggregate storing, aggregate recycling facilities, crushing and screening, washing, stockpiling, concrete batching plants, storage of vehicles, vehicle maintenance, repair and fuelling facilities, parking and office facilities, subject to Aggregate Resources Act licensing.

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Chapter D - Rural Systems, Designations and Resources

6.5

The development of a new asphalt plant or production of secondary related products in conjunction with a mineral aggregate operation, shall require a Zoning By-law amendment in accordance with Section D.6.19.

6.6

In addition to the uses identified in Sections D.6.4 and D.6.5 the following shall also be permitted provided they do not interfere with or detract from the permitted uses: a) Archaeological activities; b) Agriculture and agricultural operations; c) Forest, fisheries and wildlife management; d) Watershed and source water management, flood or erosion control facilities and uses carried out or supervised by a public authority; e) Utility facilities; and f) Activities associated with uses prescribed by the Aggregate Resources Act for rehabilitation of extracted areas.

Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 6.7

Wayside pits and quarries, portable asphalt plants and portable concrete plants shall not be permitted within the Specialty Crop designation located between Lake Ontario and the Niagara Escarpment Plan Area.

6.8

Wayside pits and quarries, portable asphalt plants and portable concrete plants used by or for public road authority contracts shall be permitted, in all other areas, except Rural Settlement Areas or in the Natural Heritage System where environmental sensitivity has been determined by an Environmental Impact Statement to be incompatible with extraction and its associated activities.

6.9

The separation distance between wayside pits and quarries, portable asphalt plants and portable concrete plants and the nearest existing or proposed sensitive land use shall be consistent with the requirements of any Certificate of Approval that may be required for processing equipment.

6.10

Where a wayside pit or quarry is established in an Agriculture or Rural designation, rehabilitation of the site for agricultural production and the restoration of substantially the same acreage and capability of the land for agriculture shall be required.

6.11

The City shall encourage the use of existing and former mineral aggregate extraction areas, and existing and former wayside pits and quarries for future wayside pits and quarries, portable asphalt plants and portable concrete plants in order to minimize the need for other lands to be disturbed by these operations and promote further site rehabilitation.

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Chapter D - Rural Systems, Designations and Resources

New or Expanded Pits or Quarries 6.12

Applications for new or expanded aggregate operations are subject to the requirements of the Aggregate Resources Act.

6.13

The establishment of a new mineral aggregate operation or extensions to existing operations requiring license approval under the Aggregate Resources Act will require an amendment to this Plan and the Zoning By-law and the Niagara Escarpment Plan, where applicable.

6.14

A new mineral aggregate operation or any ancillary or accessory use thereto shall not be permitted on lands in the Specialty Crop designation located between Lake Ontario and the Niagara Escarpment Plan Area.

6.15

Prior to the submission of an application for a new aggregate operation or expansion to an existing operation, the City shall require a pre-submission consultation with the applicant, the Province, Conservation Authorities and other relevant agencies to identify the content of studies and information to be provided to support the application, to scope or focus study requirements where appropriate, and to determine a process and an agreement of evaluation and peer review.

6.16

The City shall consider an amendment to this Plan to redesignate lands for a new mineral aggregate operation or the expansion to an existing operation when the applicant has submitted all site plans and studies required under the Aggregate Resources Act as well as the following: a) All Environmental Impact Studies required by this Plan in accordance with Section F.3.2.1, Environmental Impact Statements and Section C.2.6, Natural Heritage System - Mineral Aggregate Operations. In the event of a conflict Section C.2.6 shall prevail; b) A hydrogeological study; c) A transportation and haul route study; and d) Noise, vibration, and air quality studies.

Design and Operational Policies for Aggregate Operations 6.17

The City shall work with adjacent municipalities, agencies, the Province, the aggregate industry and other stakeholders to encourage the best design and operational practices in licensed aggregate extraction operations.

6.18

To preserve the scenic beauty and amenity of Rural Hamilton, the City shall encourage and cooperate with owners of existing licensed aggregate extraction operations to implement the following measures: a) Landscaping, screening development;

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Chapter D - Rural Systems, Designations and Resources b) Adequate off-street parking facilities are provided and access points limited in number and designed in a manner that will minimize the danger to both vehicular and pedestrian traffic; and c) Creation of variable berms and vegetative screens which includes a combination of mature and young plantings. These features should incorporate the natural topography and vegetation of the area and should maintain existing vegetation, where possible.

6.19

Prior to the submission of an application for a Zoning By-law amendment for an asphalt plant or a facility for the production of secondary products related to an aggregate operation, the City shall require a pre-submission consultation with the applicant, the Province, Conservation Authorities and other relevant agencies to identify the content of studies and information to be provided to support the application, to scope or focus study requirements where appropriate to ensure the proposed use: a) does not pose a threat to air quality and water quality and quantity; and b) can be operated in a manner that is consistent with other goals and objectives of this Plan.

6.20

The City shall coordinate with the Province, the Niagara Escarpment Commission and Conservation Authorities, to ensure that all appropriate conditions resulting from the review of studies required under the Aggregate Resources Act are imposed and enforced as: a) Conditions of the license or notes on the Site Plan in accordance with the Aggregate Resources Act; and/or b) Conditions of development approval under the Niagara Escarpment Planning and Development Act and other applicable legislation.

Rehabilitation 6.21

Rehabilitation of all mineral aggregate operations, including wayside pits and quarries shall be undertaken in accordance with the site plans approved under the Aggregate Resources Act and be compatible with and have minimal impact upon the surrounding natural and visual environment and existing uses.

6.22

Within the Specialty Crop designation, an application for Official Plan and Zoning By-law amendments for the establishment of a mineral aggregate operation, or the expansion of an existing operation on lands not prohibited by Sections C.2.6.3 a) and D.6.14 shall be accompanied by the information identified in the Aggregates Resources Act and the provisions of the Greenbelt Plan to demonstrate: a) The physical characteristics of the proposed site allow for the rehabilitation of the property for the same range and productivity of specialty crops common in the area, and that the microclimate of the site and surrounding area will be maintained for specialty crop production; or

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Chapter D - Rural Systems, Designations and Resources b) If the physical characteristics of the site will not allow for rehabilitation of the property back to agricultural condition in accordance with Section D.6.22 a), alternative locations for the mineral aggregate operation have been considered and evaluated to justify the proposed location; and c) Where alternative locations for the mineral aggregate operation are considered in accordance with Section D.6.22 b) and found unsuitable by the applicant, and where complete agricultural rehabilitation in the Specialty Crop Area is not possible due to the depth of planned extraction or a substantial aggregate deposit below the water table warranting extraction, agricultural rehabilitation shall be maximized for the remaining licensed area to allow production of specialty crops.

6.23

In the Agriculture designation, on prime agricultural land, extraction of mineral aggregate resources is permitted as an interim use provided the rehabilitation of the site will be carried out to substantially the same area and average soil quality for agriculture. On prime agricultural lands, complete agricultural rehabilitation is not required if: a) A substantial quantity of mineral aggregate resources below the water table warranting extraction, or the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; b) Alternative locations have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in areas of Canada Land Inventory Class 4 to 7 soils, resources identified in designated growth areas, and resources on prime agricultural land where rehabilitation is feasible. Where no other alternatives are found, prime agricultural lands shall be protected in this order of priority: Specialty Crop Areas, and Canada Land Inventory Class 1, 2 and 3 lands; and c) Agricultural rehabilitation in remaining areas is maximized.

6.24

Applications for Official Plan or Zoning By-law amendments for establishment or expansion of a mineral aggregate operation within the Protected Countryside shall be accompanied by information which demonstrates that rehabilitation will be carried out as follows: a) The disturbed area of a site shall be rehabilitated to a state of equal or greater ecological value, and the long-term ecological integrity of the entire site will be maintained or restored, and to the extent possible improved; b) If there are key natural heritage features or key hydrologic features or if such features existed on the site at the time of application: i) The health, diversity and size of these key natural heritage features and key hydrologic features will be maintained or restored and, to the extent possible, improved so as to promote a net gain of ecological health; and

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Chapter D - Rural Systems, Designations and Resources ii) Any permitted extraction of mineral aggregates that occurs in a feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation; and c) Aquatic areas remaining after extraction are to be rehabilitated to enhance aquatic areas which shall be representative of the natural ecosystem suitable for the eco-district, so that the combined terrestrial and aquatic rehabilitation in remaining areas shall meet the intent of Section D.6.24 b).

6.25

Within the Greenbelt Plan Natural Heritage System, the following provisions also apply to final rehabilitation: a) Where there is no underwater extraction, an amount of land equal to that under natural vegetated cover prior to extraction or no less than 35% of each license is to be rehabilitated to a forest cover representative of the natural ecosystem in that particular eco-district; or b) Where there is underwater extraction, no less that 35% of the lands not subject to extraction below the water table of each license is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular or eco-district; and, c) Rehabilitation shall be implemented so that the connectivity of the key natural heritage features and key hydrologic features on the sites and on adjacent lands will be restored or maintained, and to the extent possible improved.

6.26

Operators shall be encouraged to consider and plan to provide for public access to former aggregate sites upon final rehabilitation.

6.27

For lands that are currently designated Mineral Aggregate Resource Extraction Area on Schedule D - Rural Land Use Designation, and where a mineral aggregate operation has ceased and a license issued pursuant the Aggregate Resources Act has been surrendered, only the uses in Section D.6.6 shall be permitted.

Other Provisions 6.28

At the time of an Official Plan Review, where a mineral aggregate operation has ceased and a license issued pursuant the Aggregate Resources Act has been surrendered, the City shall: a) redesignate the lands from Mineral Aggregate Resource Extraction Area to an appropriate land use designation as set out on Schedule D - Rural Land Use Designations; and, b) rezone the lands to an appropriate Rural area zone.

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Chapter D - Rural Systems, Designations and Resources

D.7.0

GAS AND PETROLEUM RESOURCES

Throughout Rural Hamilton there is a potential for discovery, exploration and production of gas and petroleum resources/deposits. A number of known deposits and petroleum production facilities currently exist in the south-central portion of the Rural Area as identified in Appendix C-1 - Non-Renewable Resources-Gas and Petroleum Wells. While activities associated with gas and petroleum production rarely involve Planning Act approvals, the policies of this plan seek to address issues of new development encroaching on known deposits and production wells.

7.1

New development subject to approval under this Plan and located on or adjacent to facilities used for gas and petroleum production is permitted, subject to the following: a) No new development shall be located within 75 metres of any active gas or petroleum well or an inactive well that has not been decommissioned in accordance with the operating standards of the Oil, Gas and Salt Resources Act. b) Development on or adjacent to lands formerly used for gas or petroleum operations, may be permitted only if rehabilitation measures have been identified and are underway, or, have been completed to address and mitigate any known or suspected hazards associated with those former operations; c) Abandoned petroleum resource well sites, suspected sites and related areas of contamination discovered during the planning or construction of a development proposal will be mitigated or rehabilitated as necessary. d) Contaminated soil associated with gas and petroleum deposits or production discovered during the review of any development application will be assessed and mitigated as necessary prior to any development approval.

7.2

Gas and petroleum well and facility rehabilitation shall be conducted according to the Oil, Gas and Salt Resources Act and its regulations and standards. All activities in or on a gas or petroleum well site shall be conducted in accordance with a license from the Ministry of Natural Resources.

7.3

The Province shall be consulted where existing or future land use designations and zoning are found to conflict with gas and petroleum resources and well-site use or rehabilitation measures.

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Chapter F - Implementation

CHAPTER F - IMPLEMENTATION The success of the Official Plan can only be achieved through effective implementation. The Planning Act, Municipal Act and other provincial regulations provide a series of tools to fulfill the City’s goals and objectives of this Plan. In addition, there are other mechanisms such as Council adopted strategic plans, most notably Vision 2020, and guidelines. Supporting plans such as Master Plans for infrastructure (approved pursuant to the Environmental Assessment Act), culture, recreation and social development are key in Hamilton’s function as a sustainable City. Although not expressly directed by this Plan, residents and businesses, community and special interest groups, non-governmental organizations and other levels of government also contribute to the successful outcome of this Plan through their own initiatives. This Section of the Plan describes the Planning Act tools, supporting policies, Council adopted guidelines, as well as monitoring procedures which shall be used to measure the success of specific policies in this Plan.

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Chapter F - Implementation

F.1.0

PLANNING ACT IMPLEMENTATION TOOLS

1.1

Official Plan The Official Plan provides the direction for managing growth and change in the City over a 30 year time frame. Any municipal by-law or public work must conform to the policies of this Plan.

1.1.1

All municipal by-laws, including Zoning By-laws, public works and public undertakings shall conform to this Plan.

1.1.2

This Plan shall be reviewed at regular intervals in accordance with the Planning Act requirements.

1.1.3

Amendments to this Plan shall be required: a) To create, modify or expand land use designations and policies which do not conform with the intent of this Plan; b) To update this Plan to reflect new provincial or municipal planning policies; or c) To update and streamline administration of municipal planning policies, as required from time to time.

1.1.4

When considering amendments to this Plan, the City shall have regard to, among other things, the following criteria: a) The impact of the proposed change on the City’s vision for a sustainable community, as it relates to the objectives, policies and targets which have been established in this Plan; and b) The impact of the proposed change on the City’s communities, environment and economy and the effective administration of the public service.

1.1.5

When considering amendments that affect the use of a specific site(s), the City may also consider whether there is a need to add the site or remove sites or lands already designated for that use.

1.1.6

An amendment to this Plan shall not be required when additional lands are added to the John C. Munro International Airport identified on the Schedules to this Plan.

1.1.7

The new Zoning By-law shall be in conformity with the provisions of this Plan. It is intended that not all lands be pre-zoned in order that amenity and design, population density, public works requirements, environmental concerns and all other related policies of this Plan may be reviewed prior to development going ahead and appropriate zoning regulations applied. Accordingly, development proposals shall be required to conform to this Plan or any affected Secondary Plan or Rural Settlement Area Plan; and, where necessary, shall require an amendment to the Zoning By-law to ensure conformity.

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Chapter F - Implementation

1.2

Secondary Plans and Rural Settlement Area Plans Secondary Plans and Rural Settlement Area Plans are used to provide detailed and community specific guidance to growth and change in smaller geographic areas of the City. They identify more detailed land uses densities, design requirements, infrastructure requirements and other implementing actions appropriate for the community. These Plans are not intended to repeat the policies in Volume 1 of this Plan, but to supplement Volume 1 policy directions and land use designations. Once Secondary Plans are completed, they are adopted as amendments to this Plan. Volume 2 of this Plan contains the Secondary Plans and Rural Settlement Area Plans. Rural Settlement Area Plans have been completed for communities outside the Urban Area. Rural Settlement Area Plans have the same function as Secondary Plans in the Urban Area.

1.2.1

Secondary Plans and Rural Settlement Area Plans may be prepared as needed for planning districts, neighbourhoods, nodes, corridors or any other area of the City, and in particular: a) Large tracts of vacant or underutilized land to ensure the appropriate and orderly use of land, co-ordinate local development with City-wide planning infrastructure strategies and ensure the efficient provision of infrastructure; and b) Areas undergoing change where general Volume 1 policies of this Plan are insufficient to guide redevelopment or warrant localized reconsideration, and in particular: i) Obsolete industrial areas; ii) Areas with desirable characteristics or functions such as main streets, heritage areas, the waterfront, etc; and iii) Areas in need of stability and strengthening such as older residential neighbourhoods, commercial areas and heritage areas.

1.2.2

The individual Secondary Plan and Rural Settlement Area Plan policies and designations are contained in Volume 2 of this Plan. Secondary Plan designations shall be identified on the maps appended to the specific Secondary Plan areas. It is intended the Secondary Plan policies are to be read in conjunction with the policies and designations contained in Volume 1. However, should there be a discrepancy between the policies and/or designations, the policies and designations of the Secondary Plan shall prevail.

1.2.3

Prior to commencing the preparation of a Secondary Plan, the City shall prepare a Terms of Reference which shall set out the need for the Secondary Plan, the intended scope, the process of plan preparation and the opportunities for public participation and involvement. Any privately initiated Secondary Plans shall require a Terms of Reference that is approved by the City prior to the commencement of the Plan.

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Chapter F - Implementation 1.2.4

Secondary Plans shall generally include the following: a) A statement of the basis or rationale for the preparation of the Secondary Plan and rationale for varying or supplementing the Volume 1 Plan policies and designations; b) A description of the Secondary Plan area, including a reference map, the role and relationship of the planning district and/or area under study to the City as a whole; c) A statement of the desired land use of the area along with relevant and related environmental, social and economic goals; d) The goals and objectives appropriate for the area including a statement demonstrating how they are in keeping with the strategic directions and general goals of this Plan and provincial legislation, policies and appropriate guidelines; and e) New designations and policies for the Secondary Plan area that amend or detail those policies and designations found in Volume 1 of this Plan.

1.2.5

Where appropriate, the Secondary Plan shall follow a joint Secondary Planning process under the Planning Act and the Municipal Engineering Association’s Class Environmental Assessment process.

1.3

Special Policy and Site Specific Areas Special Policy Areas are geographic areas where either additional studies are required to determine ultimate land uses or where more detailed and specific policies are required and these lands are not contained within a Secondary Plan. Site Specific Areas shall be used to apply site specific planning policies to defined properties. These policies provide detailed direction for individual properties or geographic areas of the City where more detailed direction for land use, infrastructure, transportation, environment, urban design or similar issues are required beyond the general framework provided by this Plan due to unique local circumstances not capable of being addressed by Volume 1 of this Plan or Secondary Plans. All Special Policy and Site Specific Areas are identified in Volume 3 of this Plan, with the exception of those Site Specific Areas which are located within a Secondary Plan or Rural Settlement Area. Those Site Specific Areas are contained within the specific Secondary Plans or Rural Settlement Area Plans of Volume 2 of this Plan.

1.3.1

Special Policy and Site Specific Areas may be created as needed for areas of the City where more detailed direction is required beyond the policies of Volumes 1 and 2 of this Plan.

1.3.2

Special Policy and Site Specific Areas shall be prepared to implement this Plan and may amend it as necessary. In the event of a conflict between a Special Policy Area provision and Volume 1 of this Plan, the Special Policy Area shall prevail and take precedence provided the general goals and objectives of Volume 1 are maintained.

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Chapter F - Implementation 1.3.3

Special Policy and Site Specific Areas shall be adopted as amendments to this Plan. The provisions of this Plan and the Planning Act regarding adoption, notification and appeal of amendments shall apply.

1.4

Interpretation of the Official Plan The following policies provide guidance to understand and interpret the schedules, maps, text, tables, and figures of this Plan.

1.4.1

This Plan shall be read as a whole document to understand its comprehensive and integrative intent as a policy framework for priority setting and decision making.

1.4.2

Chapter A - Introduction in Volume 1 of this Plan provides the background to this Plan and is not considered as policies. Illustrations, pictures and sidebars are for illustrative purposes only.

1.4.3

The preamble, goals and objectives, at the beginning of each policy section are part of this Plan and assist in understanding the intent of the policies. Tables are considered to be policies. In the event of ambiguity or conflict in the policies of this Plan for specific circumstances the preamble shall provide interpretative guidance.

1.4.4

Chapter G - Glossary explains the terms and concepts contained in this Plan.

1.4.5

Schedules and maps in this document are part of this Plan. Appendices shall be considered as information only.

1.4.6

Boundaries of land use designations, as shown on Schedule D - Rural Land Use Designations, shall be considered approximate, and are not intended to define the exact limits of any land use, unless they coincide with a road, lot or concession line, railway, watercourse or prominent physical feature or specifically coincide with detailed area boundaries set out in a Secondary Plan or Rural Settlement Area Plan or Special Policy or Site Specific Area. Similarly, minor adjustments may be made in the boundaries in the Zoning By-law without amending this Plan, providing the By-law conforms to the general intent of this Plan.

1.4.7

The implementation of this Plan shall take place over the long term and the use of the words “shall”, “will” and “must” are not to be interpreted as Council’s requirement to undertake the action immediately. Council shall determine appropriate phasing, fiscal capacity and priorities for implementation based on the municipal budget and program availability for any action or undertaking that implements the policies of this Plan.

1.4.8

The identification and proposed location of municipal infrastructure, such as but not limited, to parks, roads, water and wastewater facilities or services as identified on Schedules or in text in this Plan, including Secondary Plans, shall not be interpreted as the City’s commitment to providing these municipal public facilities within a specific time frame. Minor adjustments to the location of such facilities can take place without an amendment to this Plan provided the intent of the Plan is maintained.

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Chapter F - Implementation 1.4.9

The identification and the proposed location of municipal infrastructure such as but not limited to parks, roads, water and wastewater facilities or services as identified on Schedules or in text in this Plan, including Secondary Plans, shall not be interpreted as necessarily being specifically or solely the responsibility of the City to provide, finance or otherwise implement.

1.4.10

Where a policy relating to the Rural Area is not included in this Plan, the policies of the former municipalities remain in effect until such time as new policies have been added to the Official Plan for the Urban Area and have been adopted and approved.

1.5

Zoning By-law The Zoning By-law is one of the key implementation tools to ensure the City’s goals, objectives and policies of this Plan are realized. The Zoning By-law regulates permitted uses and associated performance standards, setbacks, lot areas, height, landscaping and parking requirements.

1.5.1

The City shall prepare a Zoning By-law that implements this Plan except for the lands that are within the Development Control of the Niagara Escarpment Plan.

1.5.2

The Zoning By-laws of the former municipalities shall remain in effect until the new Zoning By-law takes effect. However, any amendments shall be in conformity with this Plan.

1.5.3

Developments which fail to commence or be completed within a reasonable period of time after approval has been given for a site specific rezoning may, through Council's initiative, be rezoned.

1.6

Development Permit System

1.7

Site Plan Control Site Plan Control is an important means of encouraging well-designed, functional and universally accessible development in Hamilton. The City shall review and approve plans that show the location, design and massing of buildings, the relationship to adjacent streets and buildings, public access areas, the layout of parking and service areas, site landscaping and other aspects of development.

1.7.1

Site Plan Control shall be used to achieve the following planning objectives: a) Promote pedestrian scale development and land use compatibility; b) Enhance the public realm and create a functional and distinctive streetscape through high quality building design; c) Preserve and enhance community character by integrating heritage features and important views in site designs; d) Integrate ecologically important features into site designs to protect and enhance their functions; and

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Chapter F - Implementation

e) Ensure accessibility for people with a range of abilities through safe and efficient pedestrian and vehicular circulation. 1.7.2

Council shall use the powers of Site Plan Control, pursuant to the Planning Act, to implement certain aspects of this Plan. Accordingly the entire area within the City of Hamilton Planning Area shall be established as a proposed Site Plan Control Area.

1.7.3

Council may establish the classes of development that are subject to Site Plan Control, and those which are exempt, in a By-law passed pursuant to the Planning Act.

1.7.4

Council may require, as a condition of Site Plan approval, the deeding of land for road widening purposes in accordance with the provisions of the former Official Plans for the Towns of Ancaster, Dundas and Flamborough, Township of Glanbrook and the Cities of Hamilton and Stoney Creek.

1.8

Holding By-laws There are instances where the intended use and zoning is known for lands but development should not take place until the planned details and phasing of development is determined, and/or facilities are in place or conditions for development are met. Under the Planning Act, Council may pass a “Holding” By-law that places an “H” symbol over the zoning of land and specifies the conditions that shall be met before the “H” symbol is removed and the lands can be developed.

1.8.1

Council may use the Holding “H” symbol in conjunction with the Zoning By-law pursuant to the provisions of the Planning Act to identify the ultimate use of land but to limit or to prevent the ultimate use in order to achieve orderly, phased development and to ensure that servicing and design criteria established in this Plan have been met prior to the removal of the "H" symbol.

1.8.2

A Holding symbol may be applied under any or all of the following circumstances: a) Where development is contingent upon other related matters occurring first, such as (but not limited to): i) Completion of required site or area specific studies; ii) Consolidation of land ownership of abutting properties to ensure orderly development and phasing of development; iii) Fulfillment of financial obligations; iv) Securement of funding agreements on necessary infrastructure or services; and

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Chapter F - Implementation v) Fulfillment of conditions imposed by the City through other Planning Act tools; b) Where phasing is necessary in order to ensure orderly development and/or achieve one or more objectives of this Plan; c) Where municipal infrastructure is not adequate or yet installed to support the ultimate use; and d) Where environmental constraints currently preclude development or redevelopment without planned mitigative or remediated measures. 1.8.3

Until such time as the Holding “H” symbol is removed, the By-law may permit interim land uses which may include an existing use or another use that is permitted by the Zoning By-law and does not jeopardize the land for the intended land uses.

1.8.4

Council shall pass a By-law to remove the Holding “H” symbol for all or part of the property only when the City is satisfied all the conditions of: a) The “H” zone have been fulfilled; and b) The provisions of this Plan are met.

1.9

Bonusing Provision The City may consider the use of the bonusing provisions in the Zoning By-law to increase heights and/or densities in exchange for community benefits related to the site under development.

1.9.1

Council may amend the Zoning By-law to permit increases in the height and density of proposed developments beyond that otherwise permitted by the general Zoning By-law. In return for such increases in height and density, the City shall receive such facilities, services or matters as are set out in the By-law and this policy, in accordance with the provisions of the Planning Act.

1.9.2

An application to amend the Zoning By-law to allow for increased height and density shall comply with the goals, objectives and policies of this Plan.

1.9.3

The By-law shall identify the facilities, services and matters that are to be provided by the owner of the property to the municipality.

1.9.4

The By-law may provide that upon the provision to the municipality of the facilities, services and matters set out in the By-law; a) The increased height and density may be granted and the development built to such additional height and density at the option of the owner of the property; and b) As a condition of the enactment of the By-law, Council may require the owner and all encumbrances of the lands which are the subject of the bonus, to enter into a financially secured agreement, to ensure the provision

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Chapter F - Implementation of the facilities, services, or matters to be provided to the municipality by the owner, as set out in the By-law.

1.10

Interim Control By-laws Interim Control By-laws are intended to be used in areas where the City wishes to undertake a comprehensive study in an area that is experiencing development and/or redevelopment pressures prior to the approval of any Matters related to land use, transportation, Planning Act applications. infrastructure, environment and other aspects of development may be addressed during the study period. Once the studies are complete, this Plan and the Zoning By-law shall be amended to reflect the recommendations determined by the study.

1.10.1

Council may enact an Interim Control By-law to allow the City to limit the use of land and buildings where Council has directed study(ies) be undertaken for land use planning purposes in a defined area of the City. The provisions of the Planning Act regarding timing, notice and appeals of these By-laws shall apply.

1.11

Temporary Use By-laws At times it is in the public interest to permit lands to be used for a particular use on a temporary basis even though it may not comply with the Zoning By-law. The Planning Act authorizes a municipality to pass a Temporary Use By-law, which defines the area and duration of the use.

1.11.1

Council may adopt Temporary Use By-laws without having to amend this Plan, to permit the temporary use of land, buildings or structures for a purpose that is prohibited by the Zoning By-law.

1.11.2

A Temporary Use By-law may allow a use that is clearly of a temporary nature and the proposed use shall contain buildings or structures that can be easily removed after the expiry date of the Temporary Use By-law.

1.11.3

The proposed temporary use shall: a) Be compatible with uses on adjacent and nearby properties; b) Not have adverse impact on the traffic, transportation or parking facilities in the area; c) Comply with the Minimum Distance Separation requirements established by the Province; and d) Have sufficient services such as roads, storm water drainage, water supply and sanitary sewage systems to accommodate the proposed temporary use.

1.11.4

A Temporary Use By-law may be permitted for a period of time which shall not exceed three years. However, Council may, by By-law, extend such period of

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Chapter F - Implementation time for further periods of time not exceeding three years each during which the temporary use is authorized. 1.11.5

Upon expiration of the Temporary Use By-law, uses which may have been permitted by that Temporary Use By-law shall cease to exist and shall not be considered as legal non-conforming uses and therefore shall be removed.

1.12

Non-Conforming and Non-Complying Uses It is recognized there are some previously existing land uses that do not presently conform to the goals and objectives set out in this Plan. Many of these uses have been established for a considerable number of years. While a sound planning program would not deliberately seek to foster a mix of land uses detrimental to each other, it shall be recognized that situations exist that can be continued in the interim. This Plan, while endeavouring to achieve a high degree of land use compatibility for new development, recognizes there is a degree of diversity in land use for existing areas where time and custom have achieved an acceptable level of tolerance. Nevertheless, there are still some existing uses that not only do not comply or conform, but are also incompatible, and for which specific policy remedies are required.

1.12.1

An existing use, located outside the Protected Countryside area as identified on Schedule A - Provincial Plans, that does not comply to or conform with the land use designations and policies of this Plan and/or the Zoning By-law, that existed prior to December 16, 2004 or any amendments may continue provided that: a) The non-complying use did not conflict with the Official Plan and Zoning Bylaw in effect at the time the use was established; and b) The non-complying use has not been interrupted subsequent to the approval of this Plan.

1.12.2

An existing use, identified as Protected Countryside area on Schedule A – Provincial Plans, that does not comply to or conform with the land use designations and policies of this Plan and/or the Zoning By-law, that existed prior to December 16, 2004 or any amendments may continue provided that: a) The non-complying use did not conflict with the Official Plan and Zoning Bylaw in effect at the time the use was established; and b) The non-complying use has not been interrupted subsequent to the approval of this Plan. c) The non-complying use was lawfully existing on or before December 15, 2004.

1.12.3

Where appropriate, the City may amend the Zoning By-law to recognize the oncomplying use as an existing use provided that all the following criteria shall be met:

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Chapter F - Implementation a) The Zoning By-law shall permit only the existing use and the associated performance standards; b) The use does not constitute a danger to surrounding uses and persons by virtue of their hazardous nature or by the traffic generated; and c) The use does not pollute the air or water and is in compliance with appropriate provincial and municipal regulations. 1.12.4

The expansion or enlargement or change in non-complying uses shall be permitted provided they maintain the intent and purpose of this Plan, in particular Sections C.5.1, Sustainable Private Water and Wastewater Services and C.2.0, Natural Heritage System and any other requirements of the Planning Act.

1.12.5

Where an existing use does not comply with the criteria in Section F.1.12.2 and is incompatible with surrounding land uses or other policies in this Plan, it shall not be zoned and shall be deemed to be a non-conforming use for the purposes of the Zoning By-law.

1.12.6

A single detached dwelling may be permitted on an existing vacant legal lot of record subject to the following conditions: a) The proposed dwelling complies with Section C.2.0, Natural Heritage System and Section C.5.1, Sustainable Private Water and Wastewater Services; b) The existing vacant legal lot of record must have frontage on an open public street; and c) The lot is zoned to permit a single detached dwelling as of December 16, 2004, or where an application for an amendment to a zoning by-law is required as a condition of a severance granted prior to December 14, 2003 but which application did not proceed.

1.13

Minor Variance The Planning Act allows the City to appoint a Committee of Adjustment to deal with specific planning matters.

1.13.1

Council may appoint a Committee of Adjustment to authorize consents, variances to the Zoning By-law, an Interim Control By-law, extensions or enlargement of non-conforming uses provided they maintain the intent and purpose of this Plan and any other requirements of the Planning Act.

1.14

Division of Land Development of lands may require further subdivision of existing lots or tracts of land.

1.14.1

Plan of Subdivision

1.14.1.1 The division of land shall occur by registered Plan of Subdivisions where:

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Chapter F - Implementation a) A new road or an extension to an existing road is required; b) More than four lots are to be developed and/or the owner is retaining sufficient land for the development of additional lots; or c) Deemed in the public interest for the proper development of lands. 1.14.1.2 Council shall recommend for approval only those Plans of Subdivision that conform to the following criteria: a) The Plan of Subdivision conforms to the policies and land use designations of this Plan; b) The Plan of Subdivision can be supplied with adequate services and community facilities; c) The Plan of Subdivision shall not adversely impact upon the transportation system and the natural environment; d) The Plan of Subdivision can be integrated with adjacent lands and roadways; and e) The Plan of Subdivision shall not adversely impact municipal finances. 1.14.1.3 The City may, as a condition of approval pursuant to the Planning Act, require the owner of lands subject to a Plan of Subdivision to enter into one or more agreements which may be registered against the title of the subject lands. 1.14.1.4 Council may pass By-laws to exempt properties from Part-Lot Control, subject to the provisions of the Planning Act. 1.14.1.5 Council may, by By-law, deem any Plan of Subdivision, or part thereof, not to be a registered Plan of Subdivision, subject to the provisions of the Planning Act. 1.14.2

Lot Creation

Agriculture and Specialty Crop Designations

1.14.2.1 Consents for new lot creation in the Agriculture and Specialty Crop designations except surplus farm dwelling severances shall be permitted providing the following conditions are met: a) The permitted agricultural use or agricultural-related use shall comply with the policies of Sections D.2, Agriculture and D.3, Specialty Crop of this Plan; b) The minimum lot size for newly created lots and retained lots within the: i) Agriculture designation shall be 40.4 hectares (100 acres), except as provided in Section D.2.1. ii) Specialty Crop designation shall be 16.2 hectares (40 acres), except as provided in Section D.2.1.

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Chapter F - Implementation c) The minimum lot size requirements of the Agriculture designation and Specialty Crop designation may also include lands designated as Open Space on Schedule D – Rural Land Use Designations, or identified within the Natural Heritage System on Schedule B – Natural Heritage System. d) New lots and lot additions shall be considered for agricultural uses and agricultural-related uses only and shall demonstrate by a report prepared by an accredited professional knowledgeable in farm economics, such as an agrologist or agronomist, that the proposed agricultural uses on the severed and retained lots are each of sufficient size and nature to be reasonably expected to: i) Sustain a commercially viable farm operation; ii) Allow farm operators the flexibility to change the existing and proposed farm operation in the event of business failure; and iii) Allow farm operators the flexibility to diversify and intensify the production of agricultural commodities in response to changing economic conditions and trends in agriculture. iv) The City may request comments on this report from the Ministry of Agriculture, Food and Rural Affairs or other independent peer reviewer prior to consideration of the new lot or lot addition for severance approval.

Surplus Farm Dwelling Severances

1.14.2.2 An existing farm dwelling that is a residence surplus to a farming operation as a result of a farm consolidation may be severed provided that: Abutting Lands a) In cases of a farm dwelling made surplus as a result of merging in title of abutting parcels of land into one ownership on which farm operations are conducted, applications for severance shall comply with the following conditions: i) The owner and operator of the farm maintains another existing dwelling on land that has been or is to be merged in title; ii) In cases where one of the farm parcels does not contain an existing farm dwelling, Policy F.1.14.2.2 a) i) shall not apply. iii) The area of the merged farm parcel after the surplus farm dwelling lot is severed shall be a minimum of 8.1 hectares (20 acres) in size for lands designated Specialty Crop on Schedule D - Rural Land Use Designations, or 16.2 hectares (40 acres) in size for lands designated Agriculture or Rural on Schedule D - Rural Land Use Designations; and b) The lot to be created for the surplus farm dwelling shall comply with the provisions of Section F.1.14.2.2 d) of this Plan.

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Chapter F - Implementation Non-Abutting Lands c) In cases of a farm dwelling made surplus as a result of acquisition as part of a farm operation that does not result in the merging in title of parcels of land, applications for severance of the surplus dwelling shall comply with the following conditions: i) The owner and operator of the farm maintains an existing dwelling on land that is also part of the consolidated farm operation (Pending settlement decision); ii) The parcels of land comprising the consolidated farm operation shall be a minimum of 38.4 hectares (95 acres) in total; iii) The parcel of land from which the surplus dwelling is severed shall be a minimum of 8.1 hectares (20 acres) in size for lands designated Specialty Crop on Schedule D – Rural Land Use Designations, or 16.2 hectares (40 acres) in size for lands designated Agriculture or Rural on Schedule D – Rural Land Use Designations; iv) Prior to granting of final consent, one of the following conditions shall be met for the retained farm parcel as a result of a surplus farm dwelling severance: 1. The land owner shall apply for and receive final approval to rezone the farm parcel to prohibit the construction of a dwelling unit; or 2. The land owner shall grant in favour of the City, a restrictive covenant which prohibits the construction of any dwelling unit. v) If the land owner grants a restrictive covenant in favour of the City, the City shall rezone the farm parcel to prohibit the construction of any dwelling unit. Abutting and Non-Abutting Lands d) In all cases where surplus farm dwellings are to be severed the following conditions shall also apply: i) The proposed surplus farm dwelling: 1. shall have been built on or before December 16, 2004; and, 2. shall be habitable on the date of the application for the surplus farm dwelling severance and shall meet the City’s standards for occupancy without requiring substantial demolition and new construction. ii) The surplus dwelling lot shall be a minimum of 0.4 hectares (1 acre), or such larger area as may be required by Section C.5.1, Sustainable Private Water and Wastewater Services of this Plan; iii) A private water well and private sewage disposal system shall be provided in accordance with Section C.5.1, Sustainable Private Water and Wastewater Services of this Plan; Rural Hamilton Official Plan April 30, 2012

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iv) The shape and dimensions of the surplus farm dwelling lot shall: 1. not impair agricultural operations on the retained land; and 2. generally not exceed a depth of 122 metres (400 feet); v) The surplus dwelling lot shall not include barns or other farm buildings which are not suitable to be used as accessory structures to a residential use prescribed by the Zoning By-law, and no such buildings or structures shall be used for industrial or commercial purposes. vi) Where a barn or other farm building exists within the immediate vicinity of the surplus residence, the City may require demolition of the barn.

Rural Designation

1.14.2.3 Sections F.1.14.2.1 to F.1.14.2.2 inclusive of this Plan shall also apply to lands in the Rural designation. In addition, consents for new lot creation in the Rural designation may be considered for existing rural resource-based commercial, resource-based industrial uses, and rural institutional uses, provided that all of the conditions of Section D.4.2.1 are met. 1.14.2.4 The minimum lot size for farm-related commercial and farm-related industrial uses and permitted non-farm, rural resource-based uses shall be restricted to the minimum size required for the use with as little acreage as possible taken out of productive agricultural land.

Open Space Designation

1.14.2.5 Consents that facilitate the conveyance of lands to a public authority for the purposes of natural heritage conservation, such as the Bruce trail shall be permitted provided a separate lot is not created for a dwelling or any other non-farm use.

General

1.14.2.6 Minor lot line adjustments only for legal or technical reasons shall be permitted provided a separate lot is not created for a dwelling or any other non-farm use, there is no increased fragmentation of a key natural heritage feature or key hydrologic feature, and the adjustments do not conflict with intent of the policies of this Plan. 1.14.2.7 Consents may be granted for the purposes of long-term lease agreements for petroleum resource works and infrastructure works provided a separate lot is not created for a dwelling or any other non-farm use, except the uses noted in this Section. 1.14.2.8 Consents that facilitate the conveyance of lands to a public authority for the purposes of natural heritage conservation shall be permitted provided a separate lot is not created for a dwelling or any other non-farm use and there is no increased fragmentation of a key natural heritage feature or key hydrologic feature.

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Chapter F - Implementation 1.14.2.9 Lot additions shall be permitted in the Rural, Agriculture and Specialty Crop designations provided the following conditions are met: a) No new lots shall be created; b) All lot additions shall comply with Sections F.1.14.2.2 d) ii), iii), iv) and v) of this Plan; c) For lands within the Agriculture designation Section F.1.14.2.1 b) i), c) and d) shall apply; d) For lands within the Specialty Crop designation Section F.1.14.2.1 b) ii), c) and d) shall apply; e) For lands within the Rural designation the following conditions shall apply: i) Where a lot addition severance will result in the creation of a nonagricultural lot, an existing building or structure for an established residential, commercial or industrial use must be located on the proposed non-agricultural lot; and ii) The lands to be severed and conveyed are added to and merged in title with an abutting property or properties.

1.15

Community Improvement It is the intent of Council through Community Improvement to promote and maintain a high quality living and working environment throughout the City. Community Improvement shall be accomplished through (1) the upgrading and ongoing maintenance of communities or areas characterized by obsolete buildings, and/or conflicting land uses and or/inadequate physical infrastructure and community services, and, (2) the establishment of policies and programs to address identified economic, land development and housing supply issues or needs throughout the Urban Area.

1.15.1

Community Improvement shall be carried out through the designation, by Council, of Community Improvement Project Areas and through the preparation and implementation of Community Improvement Plans pursuant to the Planning Act. It is the intent of Council that the entire Urban Area or any part of the Urban Area as defined in this Plan, and as subsequently amended, may by By-law be designated as a Community Improvement Project Area.

1.15.2

When designating Community Improvement Project Areas, one or more of the following characteristics may be present: a) Building stock or property in need of rehabilitation; b) Buildings and structures of heritage or architectural significance; c) Encroachment of incompatible land uses or activities;

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Chapter F - Implementation d) Deteriorated or insufficient physical infrastructure such as, but not limited to, sanitary and storm sewers and water mains, public transit, roads/streets, curbs, sidewalks, street lighting and utilities; e) Deteriorated or insufficient community services such as, but not limited to public indoor/outdoor recreational facilities, public open space and public social facilities; f) Inadequate mix of housing types; g) Known or perceived environmental contamination; h) Deteriorated or insufficient parking facilities; i) Poor overall visual amenity of the area, including, but not limited to streetscapes and urban design; j) Existing Business Improvement Areas or potential for inclusion in a Business Improvement Area designation; k) Inappropriate road access and traffic circulation; l) Shortage of land to accommodate building expansion and/or parking and loading facilities; m) Other barriers to the improvement or redevelopment of under utilized land or buildings; or n) Any other environmental, social or community economic development reasons for designation. 1.15.3

Community Improvement Plans shall provide application of one or more of the following:

direction

regarding

the

a) Allocation of public funds such as grants, loans or other financial instruments for the physical rehabilitation, redevelopment or improvement of land and/buildings; b) Municipal acquisition of land or buildings and subsequent clearance, rehabilitation, redevelopment or resale of these properties or other preparation of land or buildings for community improvement; c) Encouragement of infill and rehabilitation where feasible; d) Promotion of historic preservation through the appropriate local, provincial and federal legislation; e) Promotion of the viability of Commercial areas through the establishment and support of Business Improvement Areas; and f) Other municipal actions, programs or investments for the purpose of strengthening and enhancing neighbourhood stability, stimulating

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Chapter F - Implementation production of a variety of housing types, facilitating local economic growth, improving social or environmental conditions, or promoting cultural development. 1.15.4

All developments participating in programs and initiatives contained within Community Improvement Plans shall conform to the policies contained in this Plan and shall comply with all municipal codes and regulations of the City.

1.15.5

Council shall determine the priorities and sequences in which designated Community Improvement Project Areas shall have individual Community Improvement Plans prepared.

1.15.6

Any Community Improvement Plan shall endeavour to co-ordinate individual initiatives to improve properties with municipal actions to upgrade physical infrastructure and community services, and promote new types of housing.

1.15.7

Council shall be satisfied that community improvements are within the financial capability of the City.

1.16

Minimum Distance Separation I and II The Minimum Distance Separation Formulae are a tool to establish distances between a livestock facility and another lands use. The objective is to prevent land use conflicts as well as to minimize nuisance complaints.

1.16.1

New land uses, including the creation of lots, and new or expanding livestock facilities and expansion to existing uses permitted by the policies of this Plan shall comply with the Minimum Distance Separation (MDS) Formulae. The formulae for calculating required minimum distance separation between land uses shall be implemented in the Zoning By-law.

1.17

Public Participation and Notification Policies One of the principles of sustainability is open and participatory government. In recognition of this principle, the City shall involve the various people and organizations throughout the City, including residents, business, special interest groups, non-governmental organizations and other levels of government.

1.17.1

The City may use a variety of communication methods to seek input on planning matters or to provide information to the general public. Depending on the issues and in accordance with the Planning Act, the City shall choose the most appropriate method of communication. Communication may be in the form of: a) Direct mail outs; b) Public notice signs; c) Surveys, electronic or mail out; d) Public information open houses;

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e) Public meetings; f) City web site; or g) Workshops. 1.17.2

Notification of public meeting(s) for the adoption of the Official Plan and amendments, changes to the Zoning By-law, Plans of Subdivision and Community Improvement Plans shall be given to the public at least 17 days prior to the date of the meeting(s) and the notice shall be given in accordance with the applicable requirements of the Planning Act regulations.

1.17.3

Council decisions shall take place a minimum of 17 days from the time the first notification is given, for Planning Act applications/procedures identified in Section F.1.17.2.

1.17.4

Where a notice of public meeting or written notice of an application is required for Planning Act application, other than those identified in Section F.1.17.2, notice shall be given in accordance with the applicable requirements of the Planning Act.

1.17.5

Notice of the intention of the passing of an amending By-law to remove a Holding “H” symbol shall be given in accordance with the applicable requirements of the Planning Act.

1.17.6

Notice of the passing of an Interim Control By-law shall be given in accordance with the applicable requirements of the Planning Act.

1.17.7

Public meetings under the Planning Act shall not be required for minor amendments to this Plan such as format changes, typographical errors, grammatical errors and policy number changes.

1.18

Planning Act Applications

1.19

Complete Application Requirements and Formal Consultation

1.20

Parkland Dedication Policies

1.20.1

In accordance with the Planning Act, and in considering any development/redevelopment proposal, Plan of Subdivision or consent to sever, Council shall determine whether to require the dedication of parkland or require cash-in-lieu of such dedication. a) Council shall require a parkland dedication in an amount not exceeding 5% for residential proposals, or alternatively, shall not exceed a rate of 1 hectare for each 300 dwelling units proposed, (or a combination thereof – the rate to be

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Chapter F - Implementation applied shall be that which yields the greater amount of either land or cash-inlieu), for developments or redevelopments that contain a mix of residential densities. For the purposes of calculating parkland dedication on the basis of the number of units, the following rates shall apply to any dedication of parkland or cash-in-lieu as a condition of residential development or redevelopment: i) For land designated to permit residential development or redevelopment with a density of 20 to 75 units per hectare inclusive, parkland shall be dedicated at a rate of 1.0 hectare for each 300 dwelling units proposed; ii) For land designated to permit residential development or redevelopment with a density greater than 75 units per hectares parkland shall be dedicated at a rate of 0.6 hectares for each 300 dwelling units proposed. b) Council shall require a parkland dedication in an amount not exceeding 2% for commercial proposals; c) Council shall require a parkland dedication in an amount not exceeding 5% for institutional proposals, except as exempted in the Parkland Dedication By-law. 1.20.2

Council shall not require the 2% parkland dedication or cash-in-lieu as a condition of the approval of industrial development/redevelopment proposals, Plans of Subdivision or consents to sever.

1.20.3

Storm water management facilities, valley lands, hazard lands, woodlots and Environmentally Significant Areas shall not be considered as part of the parkland dedication. Notwithstanding the above, for the purpose of calculating the land area subject to the parkland dedication, storm water management facilities, valley lands, hazard lands, woodlots and Environmentally Significant Areas shall be excluded.

1.20.4

In addition to the Parkland Dedication policies referred to in Sections F.1.20.1 and F.1.20.2, Council may acquire lands through: a) Donations, gifts, bequests from individuals or corporations; and b) Monies allocated in the Municipal Budget.

1.20.5

Whenever land designated or used for Open Space and Parks purposes, as designated on Schedule D – Rural Land Use Designations, the maps of the Secondary Plans or identified on the Appendices relating to Open Space and Parks is acquired or used by a city department or other public agency for nonrecreational public purposes, the City or public agency shall be required to compensate for the resulting loss of parkland by paying the full current market value of the parcel of land into the Parkland Reserve.

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F.2.0 OTHER PROVINCIAL STATUTES AND REGULATIONS In addition to Section C.1.0, the following provincial implementation tools are in effect in the City relating specially to land use planning.

2.1

Niagara Escarpment Development Control Within the Niagara Escarpment Development Control area, all development unless specifically exempted by regulation under the Niagara Escarpment Planning and Development Act, shall require a development permit from the Niagara Escarpment Commission. No other permits, including building permits, may be issued unless a development permit has been issued from the Niagara Escarpment Commission.

2.2

Nutrient Management Plans Nutrient Management Plans shall be required for certain agricultural activities that generate and/or receive nutrients and/or involve the application of commercial fertilizers, in accordance with the requirements of the Nutrient Management Act.

2.3

Conservation Authority Regulations The Conservation Authority Regulation Development, Interference with Wetlands and Alterations to Shorelines and Watercourses affects the Natural Heritage System and natural hazards within the City and the Regulation shall be implemented by the City, where appropriate.

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Chapter F – Implementation

F.3.0

OTHER IMPLEMENTATION MECHANISMS

In certain circumstances, more detailed plans, strategies and programs are required to guide decision making as the City implements the goals and objectives of this Plan. Given the long term vision of the Plan, supporting plans such as GRIDS, the Economic Development Strategy, Master Plans (culture and recreation, infrastructure) and Council adopted guidelines (Environmental Impact Statements, Urban Design) provide a greater level of procedural and explanatory detail than what is required for inclusion in this Plan. Similarly, these strategies and guidelines can be updated and amended to reflect changing circumstances in a more timely manner. These actions plans, strategies, and guidelines are not adopted as amendments to this Plan but implement the Plan itself.

3.1

Supporting Plans The City recognizes the importance of undertaking and implementing the recommendations of supporting plans in the fulfillment of the vision, goals and objectives of this Plan. They shall be used: a) To establish municipal priorities; b) To provide technical and procedural direction for studies required to review development applications; c) To set municipal implementation targets; and d) To identify other actions to implement this Plan.

3.2

Council Adopted Guidelines and Technical Studies Prior to the adoption of, or major amendment to, Council adopted Guidelines identified in Sections F.3.2.1, Environmental Impact Statements and F.3.2.2, Hydrogeological Studies, the City shall conduct a public participation process in accordance with Section F.1.17.1 of this Plan.

3.2.1 3.2.1.1

Environmental Impact Statements (EIS) Council shall adopt Environmental Impact Statement Guidelines which shall be used by proponents and professionals when preparing an EIS.

3.2.1.2

When a development proposal has the potential to negatively impact a Core Area or its function, the proponent shall be required to prepare an EIS to the satisfaction of the City in consultation with the relevant Conservation Authority. An EIS inventories and describes the existing Core Areas and ecological functions of the site in the context of the surrounding landscape. An EIS also assesses the potential negative impacts that proposed development may have on Core Areas and provide recommendations on natural area boundaries, mitigation measures, and design measures to accommodate or enhance existing natural features and functions.

3.2.1.3

For proposals within the Greenbelt Plan area, an EIS shall be required for development and site alteration adjacent to (within 120 metres) of a key natural heritage feature within the Natural Heritage System or key hydrologic feature anywhere within the Protected Countryside to identify a vegetation protection

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Chapter F – Implementation zone in accordance with Section C.2.4, Core Areas - Within the Greenbelt Plan Area of this Plan. Adjacent lands for features outside of the Greenbelt Plan area are defined in Table F.1 below. Table F.1. Adjacent Land Distances to Trigger an Environmental Impact Statement Boundary Definition

Extent of Adjacent Lands (outside of Greenbelt)

Fish Habitat

Streams, rivers, lakes, ponds, and wetlands.

30 metres from stable top of bank

Provincially Significant Wetlands

Defined by the Province

120 metres

Significant Habitat of Threatened and Endangered Species

Defined by the Province and City of Hamilton.

50 metres

Local Wetlands and unevaluated wetlands

Defined by the Province (Class 4-7) and City of Hamilton

50 metres

Significant Woodlands

Defined by City of Hamilton

50 metres, measured from the dripline

Streams and River Valleys

Conservation Authority regulatory lines, flood plain mapping.

30 metres from stable top of bank

Areas of Natural and Scientific Interest (ANSIs)

As defined by the Province

50 metres

Significant Valley lands

As defined by the Province and City of Hamilton.

50 metres

Significant Wildlife Habitat

As defined by the Province and City of Hamilton.

50 metres

Environmentally Significant Areas (ESAs)

As defined by the City of Hamilton

50 metres

Natural Heritage Feature

3.2.1.4

The EIS may be scoped to reflect the type of development being proposed and the sensitivity and special characteristics of the natural area. Scoping shall be done by City, the relevant Conservation Authority, and other relevant agencies in consultation with the applicant.

3.2.1.5

The EIS must be submitted with the development application to ensure that environmental impacts are considered early in the process when there is the greatest opportunity to design in harmony with the natural environment. In no case shall an EIS be a condition of approval granted under the Planning Act and the completion of an EIS shall not guarantee approval of the development application.

3.2.1.6

The EIS must be prepared by professionals qualified in the field of environmental sciences, following the requirements of the City’s Environmental Impact

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Chapter F – Implementation Statement Guidelines. An EIS may include plans, studies, environmental analyses, cumulative impact assessments, buffer requirements, or other associated documentation and data considered necessary by Environmentally Significant Areas Impact Evaluation Group (ESAIEG) and City staff, as outlined in the City of Hamilton’s Environmental Impact Statement Guidelines. 3.2.1.7

Where an Environmental Assessment is being carried out under Federal or Provincial Environmental Assessment processes, the assessment shall be considered as fulfilling the EIS requirements of this Plan.

3.2.1.8

Where environmental studies, such as a sub-watershed study have been carried out as part of a comprehensive planning process, the study may be submitted in place of the EIS, provided it fulfills the requirements of an EIS and is carried out to the satisfaction of the City in consultation with the relevant Conservation Authority.

3.2.1.9

Where an EIS demonstrates that a development application shall have negative impacts on the significant natural feature and functions of a site, the following options shall apply: a) The application shall be refused; or b) The City shall consult with the applicant to redesign the proposal to reduce the impacts to the satisfaction of the City in consultation with the relevant Conservation Authority; or c) The City shall negotiate an agreement with the landowner requiring conditions of approval, or requiring dedication of land/conservation easement to protect the significant natural feature or function, to the extent possible.

3.2.1.10 The recommendations from an approved EIS shall be implemented by future amendments to this Plan, including Secondary Plans and/or conditions or criteria identified through the review of development applications. 3.2.2

Hydrogeological Studies Council shall approve Hydrogeological Study Guidelines which shall be used by proponents and professionals when preparing development feasibility and hydrogeological studies. The results of the study shall be used to determine hydrogeological setting, hydrogeological connections to any surface, potential impacts on groundwater quantity and quality and the suitability of the site for development. To implement the provisions of Section C.5.1, Sustainable Private Water and Wastewater Services, of this Plan, a Hydrogeological Study Guideline will include direction for technical assumptions and methodologies to be used for the studies to: a) Confirm that a private sewage disposal system and private well can be constructed on the site; b) Assess the potential impacts of sewage disposal system effluent on groundwater conditions;

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c) Determine the availability of sufficient and suitable water supply without impacting neighbouring wells; and d) Identify conditions of approval which may be considered to implement appropriate private water and sewage disposal services for the site. 3.2.3

Storm Water Management Plans In cases where a storm water management plan is being prepared for lands designated as Agriculture, Specialty Crop, Rural, Open Space (outside the Urban Area boundary and Rural Settlement Area boundaries) and Utilities outside the Urban Area boundary and Rural Settlement Area boundaries), the following matters shall be addressed to avoid, minimize and/or mitigate storm water volumes, contaminant loads and impacts to receiving water courses: a) Maintenance of groundwater quality and flow and stream base flow; b) Protecting water quality and aquatic species and their habitats; c) Minimizing the disruption of pre-existing natural drainage patterns, wherever possible; and d) Prevention of increases in stream channel erosion and flood risk.

3.2.4 3.2.4.1

Sub-watershed Plans A generic Terms of Reference for sub-watershed studies will be developed in consultation with the Conservation Authority, the City, stakeholders, and relevant agencies. Until these generic terms of reference are completed, the following information must be included in the specific Terms of Reference for sub-watershed studies: a) Sub-watershed Characterization: i) Hydrology – hydrologic model for sub-watershed’s existing and future development; description of physical features; stream geomorphology; identify hazard lands, low flow analysis, assess erosion and flooding; ii) Hydrogeology – characteristics of bedrock and overburden and their relationship with the groundwater system; iii) Aquatic Environment – assess fisheries and benthic communities, classify streams according to fish habitat; iv) Terrestrial Environment – assess plants, vegetation communities and wildlife, rare species, disturbance history, habitat fragmentation, develop a natural heritage system; and v) Water Quality and Quantity. b) Sub-watershed Management – identify areas of constraint, land and water management strategies, land use impacts, mitigation measures, buffers, and restoration;

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Chapter F – Implementation c) Implementation and Monitoring Plan – identifies who is responsible for different implementation actions, recommendations for future studies, construction phasing, and monitoring plan; and d) Any additional requirements as determined to be necessary for the unique characteristics of the watershed and/or the proposed development. 3.2.4.2

Once a watershed or sub-watershed plan is endorsed by City Council, the City shall implement its recommendations wherever possible through: a) Amendments to the Official Plan, as appropriate; b) Secondary Plans; c) Zoning By-law amendments; d) Conditions of approval for new developments; e) Environmental Assessments of servicing and infrastructure plans and projects; and f) Habitat restoration and landowner stewardship programs delivered by the City or other agencies. g) Recommendations from approved sub-watershed plans shall be implemented by future amendments to this Plan, including Secondary Plans and/or conditions or criteria identified through the review of development applications.

3.2.5 3.2.5.1

Other Technical Studies In addition to the studies identified in Sections F.3.2.1 to F.3.2.5, the City may require technical studies to be submitted as part of the Planning Act process. Prior to submission of these technical studies, consultation shall be required with City staff to confirm the contents for and the criteria to be used in the technical studies.

3.2.5.2

The recommendations from approved technical studies shall be implemented by future amendments to this Plan, including Secondary Plans and/or conditions or criteria identified through the review of development applications.

3.3

Advisory Committees

3.3.1 3.3.1.1

Environmentally Significant Area Impact Evaluation Group (ESAIEG) The City of Hamilton shall maintain an Environmentally Significant Areas Impact Evaluation Group (ESAIEG) consisting of members of the public with technical expertise, experience, and academic qualifications related to environmental conservation. ESAIEG shall review all Environmental Impact Statement reports and provide objective, technical advice to City staff on the impacts of proposed land use changes within or adjacent to natural areas.

3.3.1.2

Where required, proposed land use changes shall be referred to the Environmentally Significant Areas Impact Evaluation Group for review.

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Chapter F – Implementation 3.3.1.3

Draft Environmental Assessments, including Class Environmental Assessments on planned public works proposed within or adjacent to natural heritage features may be referred to ESAIEG for technical comment.

3.3.2

Municipal Heritage Committee The City of Hamilton shall establish a municipal heritage committee, under the Ontario Heritage Act, to advise Council on all matters related to cultural heritage and to undertake, subject to Council’s approval, such other activities that will contribute to the cultural heritage goals and policies of this Plan.

3.4

Monitoring and Measuring Performance Monitoring and measuring performance of this Official Plan is critical to determine if: a) The assumptions of this Plan remain valid; b) The implementation of the policies fulfill the overall goals and objectives of this Plan; and c) The priorities identified in this Plan remain constant or require change. Monitoring and measuring performance can be conducted through both qualitative and quantitative measures. Where appropriate, targets have been included in the Official Plan. It is not the intent to develop and include specific monitoring or performance measurement programs as part of this Plan. The City undertakes performance measurement in a variety of ways including the development of monitoring programs through supporting plans, completion of provincial performance indicators, and the preparation Vision 2020 performance indicators and report card. However, in some key areas, such as the Natural Heritage System specific policies shall be included in the Plan to ensure the environmental policies are being met.

3.4.1

Natural Heritage System Monitoring and Performance

Restoration Plantings 3.4.1.1

The City encourages individuals and agencies to use native species appropriate to the local area when planting within or adjacent to natural areas. Wherever possible, the City shall use native species in plantings along roads and on the grounds of City-owned facilities.

Data Management and Monitoring 3.4.1.2

The City of shall continue to support field studies that shall assist in identifying natural habitat to be protected and enhanced. The City, in conjunction with its partners, shall maintain a Natural Heritage Database and shall set aside annual funding to continue the collection of field data within natural areas to ensure the existing database remains current.

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Chapter F – Implementation 3.4.1.3

The City shall develop a monitoring program in co-operation with the Conservation Authorities, other agencies, and the community to monitor changes to the Natural Heritage System and to support land use planning and resource management decision-making.

Targets for Natural Cover 3.4.1.4

The City’s objective is to expand and reinforce the existing Natural Heritage System in the long term by encouraging and undertaking ecological restoration towards locally established targets.

3.4.1.5

The targets for Hamilton, shown in Table F.2, Habitat Restoration Targets, are based on Environment Canada’s (2004) report, "A Framework for Guiding Habitat Restoration in Great Lakes Areas of Concern".

3.4.1.6

The City shall develop a Natural Heritage System Restoration Strategy to identify implementation activities intended to achieve the desired Natural Heritage System.

3.4.1.7

The City shall monitor the foregoing policies for progress in achieving the following targets for the purposes of reviewing the Official Plan pursuant to the Planning Act. Table F.2. Habitat Restoration Targets Natural Cover Type Forest Cover Interior Forest Cover (100 metres inside from edge) Interior Forest Cover (200 metres inside from edge) Riparian Vegetation greater than 30 metres wide Wetland Cover

Rural Hamilton Official Plan March 7, 2012

Existing Percentage Cover 17.7 %

30 %

4.2 %

10 %

1.4 %

5%

34.7 % 8.3 %

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Target Percentage

75 % of stream length should be naturally vegetated. 10 %


Chapter F - Implementation

F.4.0

MUNICIPAL LAND ACQUISITION

Council may acquire or hold land for the purpose of developing any feature of this Plan, and dispose of the land when no longer required. In general, this shall be done pursuant to the provisions of the Planning Act which permits the acquisition of land for this purpose, except where more specific legislation may assist in this regard.

4.1

The City may hold or acquire land from time to time in order to develop any feature to implement particular policies of this Plan. Any land so acquired may be sold, leased or otherwise disposed of when no longer required.

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Chapter G - Glossary

CHAPTER G - GLOSSARY Adjacent Lands: means for the purposes of the natural heritage system, those lands contiguous to a specific Core Area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands shall be determined in accordance with Table F.1 – Adjacent Land Distances to Trigger an Environmental Impact Statement, of Policy F.3.2.1.3. Aggregate Recycling Facility: means the storage, crushing and reprocessing of used mineral aggregate products, including concrete and asphalt, to new mineral aggregate products. Agricultural Use: means the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including accommodation for full-time farm labour when the size and nature of the operation requires additional employment (PPS, 2005). Agricultural-Related Use: means those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation (PPS, 2005). Aggregate Recycling Facility: means the storage, crushing and reprocessing of used mineral aggregate products to new mineral aggregate products. Alvars: means naturally open areas of thin or no soil over essentially flat limestone, dolostone, or marble rock, supporting a sparse vegetation cover of mostly shrubs and herbs (Greenbelt Plan, 2005). Areas of Natural and Scientific Interest (ANSI): means areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education (PPS, 2005). Bed and Breakfast Establishment: means a single detached dwelling in which rooms are made available by the residents of the dwelling, for remuneration, for the temporary accommodation of travelers and the provision of food or meals only to overnight guests. Cistern: means for the purposes of this Plan a cistern shall include any private water supply for a use, building or structure that relies on the storage of water that is not provided from an on-site well. Connectivity: means the degree to which Core Areas are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows from food webs (Greenbelt Plan, 2005). Core Areas: includes key natural heritage features, key hydrologic features, local natural areas, and their vegetation protection zones. Craftsperson Shop: means an establishment used for the creation, finishing, refinishing or similar production of custom or homemade commodities, together with the retailing of only the commodities produced or refinished on site.

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Chapter G - Glossary Designated Growth Area: means lands within Urban Areas and Rural Settlement Areas designated in an official plan for growth over the long-term planning horizon, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth, as well as lands required for employment and other uses (modified PPS, 2005). Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act, but does not include: a) Activities that create or maintain infrastructure used by a public body and authorized under an environmental assessment process; or b) Works subject to the Drainage Act (Greenbelt Plan, 2005). Disturbed Area: means the portion of the site where site alteration, grading, or construction activities are occurring. Earth Science Area of Natural and Scientific Interest (ANSI): means areas selected by the Province as representative of Ontario’s geological diversity. They can include outstanding bedrock exposures, fossil beds, and landforms such as karst and drumlins. Ecological Function: means the natural processes, products, or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including hydrologic functions and biological, physical, chemical, and socio-economic interactions (PPS, 2005). Ecological Value: means the value of vegetation in maintaining the health of the key natural heritage or key hydrologic feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species. Environmentally Significant Areas (ESAs): means locally significant areas that meet any one of the following criteria: a) The area is a good representative of a biotic community characteristic of the natural landscapes of the City and not adequately represented in existing protected areas or the area is a good representative of pre-settlement biotic community; b) There are biotic communities that are rare in the City, Province, or Canada; c) The area is a large natural area (20 hectares or more in size); it may be sufficiently large to provide habitat for species requiring large habitat areas; d) There is habitat for species considered significant in the City, Province, or Canada; e) The site fulfills a significant hydrological function (groundwater recharge or discharge, ground or surface water quality, or flood attenuation); f) The site contains a significant earth science feature (distinctive and unusual landform);

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Chapter G - Glossary g) There is a high diversity of native species or biotic communities; h) The area provides essential habitat for the continuation of species; for example, significant areas of species concentrations, areas essential for certain stage of the life cycle, source areas for species; i) There are significant seasonal concentrations of wildlife; j) The area acts as a link between natural areas or functions as a corridor for wildlife; k) The area is in good natural condition, with few non-native species, particularly invasive non-natives; or l) The area contains significant fish habitat. Essential: means being deemed necessary to the public interest after all alternatives have been considered. Evaluated Wetlands: means a wetland of that has been evaluated under the Ministry of Natural Resources Wetland Evaluation System and has been found to be provincially or locally significant. Existing: when used in reference to a use, lot, building or structure, means any use, lot, building or structure legally established or created prior to the day of final approval and coming into effect of the relevant sections of this Official Plan or at some earlier date as may be specified in the policies such as December 16, 2004 for the Greenbelt Plan policies. Farm Cluster: means a group of farm buildings, which includes the farm dwelling, located together on a property actively involved in an agricultural use. Farm Consolidation: means the acquisition of additional farm parcels to be operated as one farm operation, for the purposes of expanding the farm operation and/or sustaining viability of continued agricultural use of the lands. Farm Labour Residence: means secondary accommodations provided for full-time farm labour where the size and nature of the farm operation requires additional employment in the form of either of the following: a) An accessory apartment attached to and forming part of the principal farm residence; or b) An accessory detached dwelling of temporary construction, such as a mobile home, located in close proximity to the farm cluster and serviced by the same private sewer and water systems used by the principal farm residence. Farm Operation: means a single farm business comprised primarily of an agricultural use and all of the land holdings and utilized land associated with the farm business. Farm Vacation Home: means an existing single detached dwelling, located on a lot used predominantly for a permitted agricultural use, in which individual rooms or the entire dwelling is made available by the residents of the lot or the operators of the farm, for remuneration, for the temporary accommodation of travelers, and may include Rural Hamilton Official Plan April 25, 2012

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Chapter G - Glossary participation in farm activities, the provision of meals, services, facilities and amenities for the exclusive use of guests, so long as the scale and nature of the operation is secondary and accessory to the predominant agricultural use of the lot. Fish Habitat: means the spawning grounds and nursery, rearing, food supply, and migration areas on which fish depend on directly or indirectly in order to carry out their life processes (PPS, 2005). Garden Suite: means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable (Planning Act). Ground Water Feature: refers to water-related features in the earth’s subsurface, including recharge/discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface and subsurface hydrogeologic investigations (PPS, 2005). Hazard Lands: means property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of the Great Lakes - St. Lawrence River System, this means the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits (PPS, 2005). Holding Tank: means a tank designed to totally retain all sanitary sewage discharged into it and requiring periodic emptying (Building Code, O. Reg. 350/06). Home Business: means an occupation or business which is wholly contained within a single dwelling, conducted by a resident of the dwelling, and is clearly secondary to the predominant use of the dwelling for residential purposes. Home Industry: means a small scale commercial or industrial use carried out on the same lot as a permitted agricultural use but which use is clearly secondary to the predominant agricultural use of the lot. Hydrologic Function: means the functions of the hydrological cycle that include the occurrence, circulation, distribution and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water’s interaction with the environment including its relation to living things (PPS, 2005). Intermittent Streams: means stream-related watercourses that contain water or are dry at times of the year and are more or less predictable, generally flowing during wet seasons of the year but not the entire year, and where the water table is above the stream bottom during parts of the year (Greenbelt Plan, 2005). Key Hydrologic Features (KHF): these features include: a) Permanent and intermittent streams; b) Lakes (and their littoral zones);

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Chapter G - Glossary c) Seepage areas and springs; and d) Wetlands (Greenbelt Plan, 2005). Key Natural Heritage Features (KNHF): include the following: a) b) c) d) e) f) g) h) i)

Significant habitat of endangered, threatened, and special concern species; Fish habitat; Wetlands; Life Science Areas of Natural and Scientific Interest (ANSIs); Significant valleylands; Significant woodlands; Significant wildlife habitat; Sand barrens, savannahs, and tallgrass prairies; and Alvars (Greenbelt, Plan, 2005).

Lake: means any inland body of standing water usually fresh water larger than a pool or pond or a body of water filling a depression in the earth’s surface (Greenbelt Plan, 2005). Legal or Technical Reasons: For the purposes of Section F.1.14.2.6, means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments which do not result in the creation of a new lot (PPS, 2005). Life Science Areas of Natural and Scientific Interest (ANSIs): means lands and waters containing natural landscapes or features that are important for natural heritage protection, appreciation, scientific study, or education. Life Science ANSIs are identified by MNR using evaluation procedures established by that Ministry, as amended from time to time (Greenbelt Plan, 2005). Linkages: means landscape areas that connect natural areas. Linkages are also important natural features, either in their own right or through restoration activities. They are avenues along which plants and animals can propagate, genetic interchange can occur, populations can move in response to environmental changes and life cycle requirements, and species can be replenished from other natural areas. Conserving linkages also protects and enhances Core Areas. Littoral Zones: means the shallow water areas surrounding the outer boundary of a lake, which is usually a highly productive zone. Local Natural Areas: means Environmentally Significant Areas (ESAs) as identified by the City of Hamilton, unevaluated wetlands, and Earth Science Areas of Natural and Scientific Interest (ANSI). Major Recreational Uses: means recreational uses that require large-scale modification of terrain, vegetation or both and usually also require large-scale buildings or structures, including but not limited to the following: golf courses; serviced playing fields; serviced campgrounds; and ski hills (Greenbelt Plan, 2005). Mineral Aggregate Operation: means a) Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto; Rural Hamilton Official Plan April 25, 2012

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Chapter G - Glossary

b) For lands not designated under the Aggregate Resources Act, established pits and quarries that are not in contravention of municipal zoning by-laws and including adjacent land under agreement with or owned by the operator, to permit continuation of the operation; and c) Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral Aggregate Resources: means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Minimum Distance Separation (MDS) Formulae: means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock and manure storage facilities (PPS, 2005). Natural Self-Sustaining Vegetation: means vegetation dominated by native plant species that can grow and persist without direct human management, protection, or tending (Greenbelt Plan, 2005). Negative Impacts: means a) In regard to water, degradation to the quality or quantity of surface or ground water, key hydrologic features or vulnerable areas, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; b) In regard to fish habitat, the harmful alteration, disruption, or destruction of fish habitat, except where, in conjunction with the appropriate authorities, it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity; and c) In regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple, or successive development or site alteration activities (PPS, 2005). Non-Farm Development or Non-Agricultural Uses: means a residential, commercial, recreational, institutional, industrial other land use that is not included as an agricultural use or agricultural-related use. Normal Farm Practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act (PPS, 2005).

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Chapter G - Glossary

Other Information and Materials: means studies, reports, maps, plans or other documentation, in addition to the requirements of the Planning Act, that may be required for submission to the City to satisfy the complete Planning Act application requirements. Other Natural Vegetation Types: means any meadow, thicket, or old field that connects Core Areas or is situated within 100 metres of a Core Area. Passive Recreation Uses: means those recreation uses that do not involve major construction, landscaping or design, and are low impact, such as hiking, bird watching, and fishing. Permanent Stream: means a stream that continually flows in an average year (Greenbelt Plan, 2005). Petroleum Resources: means oil, gas, and brine resources which have been identified through exploration and verified by preliminary drilling or other forms of investigation. This may include sites of former operations where resources are still present or former sites that may be converted to underground storage for natural gas or other hydrocarbons. Portable Asphalt Plant: means a facility a) With equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and b) Which is not of permanent construction, but which is to be dismantled at the completion of the construction project. Portable Concrete Plant: means a building or structure a) With equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and b) Which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project. Prime Agricultural Area: means areas where prime agricultural lands predominate. This includes: areas of prime agricultural lands and associated Canada Land Inventory Class 4-7 soils; and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food using evaluation procedures established by the Province as amended from time to time, or may also be identified through an alternative agricultural land evaluation system approved by the Province. In Rural Hamilton, prime agricultural areas means areas where lands that have a high capability for agriculture predominate as determined by the Land Evaluation and Area Review (LEAR) method of land evaluation in combination with other land use considerations (PPS, 2005). Prime Agricultural Land: means land that includes specialty crop areas and/or Canada Land Inventory Classes 1, 2, and 3 soils, in this order of priority for protection.

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Chapter G - Glossary Quality and Quantity of Water: is measured by indicators such as minimum base flow, depth to water table, aquifer pressure, oxygen levels, suspended solids, temperature bacteria, nutrients and hazardous contaminants, and hydrological regime (PPS, 2005). Residence Surplus to a Farming Operation: means one or two or more existing farm residences located on lands held under the same ownership as a result of a farm consolidation. Resource-Based: means, when used in reference to a use or activity, those rural commercial, industrial, recreational or tourism uses that by their very nature require certain natural attributes or resources for their location including the availability of large lots or land areas. Rural Areas: means lands in the rural area which are located outside settlement areas and which are outside prime agricultural areas (PPS, 2005). In Rural Hamilton, Rural Area means non-prime agricultural areas as determined by the LEAR method of land evaluation in combination with other land use considerations. Rural Hamilton: means the area within the municipal boundary of the City of Hamilton but outside of the urban boundary. Sand Barrens: means land (not including land that is being used for agricultural purposes or no longer exhibits sand barrens characteristics) that: a) Has sparse or patchy vegetation that is dominated by plants that are: i) Adapted to severe drought and low nutrient levels; and ii) Maintained by severe environmental limitations as drought, low nutrient levels and periodic disturbances such as fire; b) Has less than 25 per cent tree cover; c) Has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both; and d) Has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time (Greenbelt Plan, 2005). Savannah: means land (not including land that is being used for agricultural purposes or no longer exhibits savannah characteristics) that: a) Has vegetation with a significant component of non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances including fire, or both; b) Has from 25 per cent to 60 per cent tree cover; c) Has mineral soils; and

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Chapter G - Glossary d) Has been further identified, by the Ministry of Natural Resources or by any other person according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time (Greenbelt Plan, 2005). Secondary Uses: means uses secondary to the principal use of the property, including but not limited to home occupations, home industries, and uses that produce value added agricultural products from the farm operation on the property (PPS, 2005). Seepage Areas and Springs: means sites of emergence of groundwater where the water table is present at the ground surface (Greenbelt Plan, 2005). Sensitive: in regard to surface water features and ground water features, means areas that are particularly susceptible to impacts from activities or events including, but not limited to, water withdrawals, and additions of pollutants (PPS, 2005). Sensitive Land Uses: means a building, ‘amenity area’, or outdoor space where routine or normal activities occurring at reasonably expected times would experience one or more ‘adverse effect(s)’ from contaminant discharges generated by a nearby ‘facility’. The ‘sensitive land use’ may be a part of the natural or built environment. Examples may include but are not limited to: a) residences or facilities where people sleep (e.g. single and multi-unit dwellings, nursing homes, hospitals, trailer parks, camping grounds, etc.). These uses are considered to be sensitive 24 hours/day. b) a permanent structure for non-facility related use, particularly of an institutional nature (e.g. schools, churches, community centres, day care centres); and, c) certain outdoor recreational uses deemed by a municipality or other level of government to be sensitive (e.g. trailer park, picnic area, etc.). Significant Coastal Wetlands: means: a) any wetland that is located on one of the Great Lakes; or, b) any other wetland that is on a tributary to any of the above-specified water bodies, and lies, either wholly or in part, , downstream of a line located 2 kilometres upstream of the 1:100 year floodline (plus wave run-up) of a large water body to which the tributary is connected. Significant Habitat of Threatened and Endangered Species: means the habitat, as approved by the Ontario Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered or threatened species, and where those areas of occurrence are occupied or habitually occupied by the species during all or any part(s) of its life cycle (PPS, 2005). Significant Habitat of Threatened, Endangered, and Special Concern Species: means the habitat, as approved by the Ministry of Natural Resources, that is necessary for the maintenance survival and/or recovery of naturally occurring or reintroduced populations of species at risk and where those areas of occurrence are occupied or habitually occupied by the species during all or any part(s) of its life cycle. To identify which species Rural Hamilton Official Plan April 25, 2012

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Chapter G - Glossary are threatened, endangered, special concern, or provincially rare, the City will refer to species lists that are prepared and updated by the Ministry of Natural Resources (MNR), and Environment Canada’s Committee on the Status of Endangered Wildlife in Canada (COSEWIC). An updated list of locally rare species will be maintained through periodic updates to the Natural Heritage Database, co-owned by the Hamilton Naturalists’ Club and the City of Hamilton (PPS, 2005). Significant Valleyland: means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year which is ecologically important in terms of features, functions, representation, or amount, and contributes to the quality and diversity of an identifiable geographic area or natural heritage system. (PPS, 2005). Significant Wetland: means an area identified as provincially significant by the Ontario Ministry of Natural Resources using evaluation procedures established by the Province, as amended from time to time (PPS, 2005). Significant Wildlife Habitats: means areas where plants, animals and other organisms live and find adequate amounts of food, water, shelter and space needed to sustain their populations. Wildlife habitat is significant where it is ecologically important in terms of features, functions, representation, or amount and contributes to the quality and diversity of a Natural Heritage System. Significant wildlife habitat areas are defined as consisting of one or more of the following: a) Critical habitat areas that provide for seasonal concentrations of animals; b) Wildlife movement corridors; c) Rare vegetation communities or specialized habitats for wildlife; and/or d) Habitats for species of conservation concern including provincially and federally threatened, endangered, special concern species, and locally rare species. e) MNR identifies criteria, as amended from time to time for the forgoing (Greenbelt Plan, 2005). Significant Woodland: means an area which is ecologically important in terms of: a) Features such as species composition, age of trees, stand history; b) Functionally important due to its contribution to the broader landscape because of its location, size, or due to the amount of forest cover in the planning area; and c) Economically important due to site quality, species composition or past management history. MNR identifies criteria, as amended from time to time for the forgoing (Greenbelt Plan, 2005). In the City of Hamilton, significant woodlands must meet two or more of the following criteria:

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Chapter G - Glossary

Criterion

Size

Description

Forest Cover (by planning unit) <5% 5-10 % 11-15 % 16-20 % 21-30 %

Minimum patch size for significance 1 ha. 2 ha. 4 ha. 10 ha. 15 ha.

Interior Forest

Woodlands that contain interior forest habitat. Interior forest habitat is defined as 100 metres from edge.

Proximity/Connectivity

Woodlands that are located within 50 metres of a significant natural area (defined as wetlands 0.5 hectares or greater in size, ESAs, PSWs, and Life Science ANSIs).

Proximity to Water

Woodlands where any portion is within 30 metres of any hydrological feature, including all streams, headwater areas, wetlands, and lakes.

Age

Woodlands with trees of 100 years or more in age. Age will be determined initially using FRI mapping and can be verified during the EIS.

Rare Species

Any woodland containing threatened, endangered, special concern, provincially or locally rare plant or wildlife species.

Site Alteration: means activities, such as grading, excavation, and the placement of fill that would change the landform and natural vegetative characteristics of a site, but does not include: a) The construction of facilities for transportation, infrastructure and utilities uses by a public body; b) Activities or works under the Drainage Act; or c) The carrying out of agricultural practices on land that was being used for agricultural uses on the date the Greenbelt Plan came into effect (Greenbelt Plan, 2005). Small Scale: used to describe a permitted agriculture-related or secondary use, shall mean those uses that are characterized by a size and intensity of activity that is clearly secondary to and does not negatively impact the predominant use of the lands for

Rural Hamilton Official Plan April 25, 2012

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Chapter G - Glossary agricultural uses, and which meet the maximum floor area, site coverage and other provisions of the Zoning By-law specific to that use. Specialty Crop Area: means areas designated using evaluation procedures established by the Province, as amended from time to time, where specialty crops such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil lands are predominantly grown, usually resulting from: a) Soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; and/or b) A combination of farmers skilled in the production of specialty crops, and of capital investment in related facilities and services to produce, store, or process specialty crops (PPS, 2005). Stable Top of Bank: means the edge of the channel or bank, if there is a sharp change from the steep slope of the channel or bank to the shallower slope of the field area, or the normal full extent of the watercourse when it contains the maximum volume of water without flooding, if the change in slope does not exist (Greenbelt Plan, 2005). Structure: means any structure that requires a buildings permit under the Building Code. Surface Water Feature: refers to water-related features on the earthâ&#x20AC;&#x2122;s surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics (PPS, 2005). Sustainable Private Services: means a sewage disposal system, other than a holding tank, that is designed and constructed in accordance with the Building Code Act and a water supply well designed and constructed in accordance with Ministry of the Environment Guidelines or other guidelines approved by the City of Hamilton, which are located on the same property as the buildings to which the sewage disposal system and water well provide service. Tallgrass Prairies: means land (not including land that is being used for agricultural purposes or no longer exhibits tallgrass prairie characteristics) that: a) Has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both; b) Has less than 25 percent tree cover; c) Has mineral soils; and d) Has been further identified, by the Minister of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time (Greenbelt Plan, 2005). Total Development Area: means the total area of the property less the area occupied by key natural heritage features and key hydrologic features, including any related Vegetation Protection Zone (Greenbelt Plan, 2005).

G 12 of 14

Rural Hamilton Official Plan April 30, 2012


Chapter G - Glossary

Valley Lands: means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year (PPS, 2005). Vegetation Protection Zone: means a vegetated buffer area surrounding a key natural heritage feature or key hydrologic feature within which only those land uses permitted within the feature itself are permitted. The width of the vegetation protection zone is to be determined when new development or site alteration occurs within 120 metres of a key natural heritage feature or key hydrologic feature, and is to be of sufficient size to protect the features and its functions from the impacts of the proposed change and associated activities that will occur before, during and after, construction, and where possible, restore or enhance the feature and/or its function. (Greenbelt Plan, 2005). Vegetative Screens: means plantings designed to provide a visual screen between land uses. Waste Management System: means sites and facilities to accommodate solid waste from one or more municipalities and includes landfill sites, recycling facilities, transfer stations, processing sites and hazardous waste depots (PPS, 2005). Water Resource System: means made up of both ground and surface water features and their associated functions, which provide the water resources necessary to sustain healthy aquatic and terrestrial ecosystems and human water consumption (Greenbelt Plan, 2005). Watershed: means an area that is drained by a river and its tributaries. Watershed Plan: means a plan used for managing human activities and natural resources in an area defined by watershed boundaries. Watershed plans shall include, but are not limited to, the following components: a) A water budget and conservation plan; b) Land and water use and management strategies; c) A framework for implementation; d) An environmental monitoring plan; e) Requirements for the use of environmental management practices and programs; f) Criteria for evaluating the protection of water quality and quantity, and key hydrologic features and functions; and g) Targets on a watershed or sub-watershed basis for the protection and restoration of riparian areas and the establishment of natural self-sustaining vegetation. Wayside Pits and Quarries: means temporary pits or quarries opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. Wetlands: mean land such as swamp, marsh, bog, or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that: Rural Hamilton Official Plan April 25, 2012

G 13 of 14


Chapter G - Glossary

a) Is seasonally or permanently covered with shallow water or has the water table close to or at the surface; b) Has hydric soils and vegetation dominated by water-tolerant plants; and c) Has been further identified according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. This includes provincially and locally significant wetlands (Greenbelt Plan, 2005). Wind Farm: means a site or property used for multiple commercial wind turbines. Woodland Linkages: means any natural or planted wooded area of any size or composition that either connects or lies within 100 metres of a Core Area. Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas (PPS, 2005). Woodlands do not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees.

G 14 of 14

Rural Hamilton Official Plan April 30, 2012


Key Map

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Note: For Urban Parks Classification Designations, refer to Appendix A of the Urban Hamilton Official Plan.

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Council Adoption: September 27, 2006 Ministerial Approval: December 24, 2008 Effective Date: March 7, 2012

Rural Hamilton Official Plan Appendix A Parks Classification

Not To Scale Date: June 28, 2011

PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT © Teranet Land Information Services Inc. and its licensors. [2005] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY


MILB

2 3 11 E

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Lincoln

Niagara Escarpment

(Subject to a Future Amendment)

HALDIBROOK RD

24 23 HALL RD

Haldimand County

28

29

33

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19

22

27

32

31

WESTBR

18

21

26

VIII

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20

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Urban Boundary

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Lake Niapenco

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WI LS

Township

Municipal Boundary

Urban Area

WOODBU

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Other Features

Subject to Future OMB Hearing

BELL RD

RD

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Abandoned Wells

Area Subject to Request for Deferral

III

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Suspended Wells

E

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Active Wells

John C. Munro Hamilton International Airport

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Gas and Petroleum Wells

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Rural Settlement Areas

Potential Gravel and Sand

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8

Legend

BARTON ST

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37

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45

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Tow n

URO

Mountsberg Reservoir

IX X

Council Adoption: September 27, 2006 Ministerial Approval: December 24, 2008 Effective Date: March 7, 2012

Hamilton Official Plan Appendix C Non-Renewable Resources

Not To Scale

Date: Aug 25/09

PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT © Teranet Land Information Services Inc. and its licensors. [2005] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY


Tow n

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2 3

SION

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Haldimand County

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G R D

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Mountsberg Reservoir

of M

Council Adoption: September 27, 2006 Ministerial Approval: December 24, 2008 Effective Date: March 7, 2012

Rural Hamilton Official Plan Appendix C-1 Non-Renewable Resources Gas and Petroleum Wells

Not To Scale Date: June 28, 2011

PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT © Teranet Land Information Services Inc. and its licensors. [2005] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY


Tow n

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N RD STO

1 6 E

7 E

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4

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3

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12

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30

2010 NEF Contour - 30dB

35

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19

20

21 22

26

27

28

29

32

31

IX X

HALDIBROOK RD

33

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25

VIII 30

BELL RD

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5

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W

2010 NEF Contour - 28dB

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14

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26

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RD

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NC

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28

27

Valens Reservoir

31

36

35

34

33

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GH

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Carlisle

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Regional Municipality of Halton

WILL

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SIO

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N 12

XIII

E

PUS

XI

w To

1 E N 12

CON

RD

6

Wellington County

6 CON 5 4 CES SION 3 2 11 E

TRE

CES

CEN

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LICH TOW X NLIN CONIV E RD CES SION 14 E

CAM

NTS

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BER

LLVIL

G R D

LE

RD

Mountsberg Reservoir

of M

Municipal Boundary Council Adoption: September 27, 2006 Ministerial Approval: December 24, 2008 Effective Date: March 7, 2012

Rural Hamilton Official Plan Appendix D Noise Exposure Forecast Contours and Primary Zoning Regulation Area

Haldimand County

Not To Scale Date: June 28, 2011

PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT © Teranet Land Information Services Inc. and its licensors. [2005] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY


2006 - Rural Hamilton Official Plan Vol.1