Office Consolidation. Regional Niagara Policy Plan Volume I

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2 Office Consolidation Regional Niagara Policy Plan Volume I This Office Consolidation contains all the text and maps approved as of July 10, Volume I contains the approved policies and Volume II contains the Appendices which do not form part of the Plan. The Regional Municipality of Niagara July 2007 Publication # 91

3 CONTENTS REGIONAL NIAGARA POLICY PLAN TABLE OF CONTENTS Volume 1 Policies (Note: see Volume II for Appendices) Page List of Maps...iii History of Plan Preparation, Adoption and Approval...iv Introduction...vi Definitions...viii Section One Physical and Economic Background...1 Two Planning Background...6 Three Regional Strategy for Development and Conservation...10 Four Economic Development and Tourism...15 A. The Greater Niagara Circle Route & Related Trails Introduction Objectives Policies B. The Twenty Valley/Jordan Harbour Tourist Area Introduction Objectives Policies Five Urban Areas...28 Objectives for Urban Areas...29 Policies for Urban Areas...30 Industrial...33 Commercial...33 Residential...36 Six Agriculture and Rural Areas...42 Objectives for Agriculture..42 A Policies for Agriculture...43 B Policies for Rural Areas...52 C Policies for Villages and Hamlets...57 i

4 CONTENTS Seven Natural Resources and Environmental Areas...60 A Recreation and Open Space B Environmentally Sensitive Areas...62 C Shorelines D Hazard Lands E Mineral Resources F Historic Sites and Buildings G Forest Resources H Niagara Escarpment Plan Eight Public Utilities A Water and Sewage Works B Staging and Location of Services C Land Drainage D Solid Waste Disposal E Other Utilities Nine Transportation A The Regional Road System B Public Transit C Railroads D Airports E Welland Canal F Bicycling Ten Community Services and Facilities Eleven Finance Twelve Implementation Volume II Appendices (Note: Volume II is a separate document) Appendix A Community Services and Facilities Appendix B Planning Period and Permanence Appendix C List of Original Documents and Amendments Appendix D Adopted Amendments ii

5 MAPS LIST OF MAPS Page Regional Niagara Strategy for Development and Conservation...14 The Greater Niagara Circle Route and Related Trails...21 The Twenty Valley/Jordan Harbour Tourist Area Map...27 Urban Areas Boundaries Map ( See Back Map Pocket ) Agricultural Land Base Map...48 Environmental Areas Map...67 Mineral Resources Maps... 71, 72, 73, 75 Interim Road Proposals Regional Niagara Bicycling Network Map iii

6 HISTORY OF PLAN History of Plan Preparation, Adoption and Approval When the Niagara Region was formed according to The Regional Municipality of Niagara Act in 1970, the Niagara Regional Council was directed to prepare, adopt and forward to the Minister for approval an Official Plan for the regional area before the 31st day of December, Consultants were employed during 1971 and 1972 to prepare a "working draft" plan. This was reconsidered during 1973 and the Regional Council adopted a plan and submitted it to the Minister on December 31st, 1973, for approval, with some portions of it not completed. Commercial policies and urban areas boundaries maps were considered and adopted in The Province informed Regional Council, in September, 1975, that the urban areas boundaries were too large and should be reduced. After many months of review, Council made reductions to the urban areas boundaries in August, In February, 1977, the former Minister of Housing, the Honourable John Rhodes, proposed some further reductions in the urban areas boundaries. During the period up to the end of 1977, Regional Council also made various small amendments to the urban areas boundaries and the text of the Policy Plan. The agricultural, rural and environmental policies included in the 1973 Policy Plan were reviewed and reconsidered by the Region during 1977 and early As a result, amended policies, under the title "Amendment One", were submitted to the Minister for approval. On June 16, 1978, the Minister of Housing, the Honourable Claude Bennett, officially approved a large portion of the Policy Plan as submitted by Niagara Regional Council. The Minister also: made some modifications as requested by Regional Council; referred numerous portions of the Urban Areas Boundaries Maps and some text to the Ontario Municipal Board for a decision; deferred his decision on some other parts of the Plan; and modified and then approved portions of the Urban Areas Boundaries Maps in accordance with the Minister of Housing's statement of February 16, Amendment One (the sections of the Plan - Four, part of Five, Six, Seven and Part of Twelve - which were amended by Regional Council in 1978) was referred to the Ontario Municipal Board later. The Ontario Municipal Board held a hearing from October 16, 1978, to December 6, 1978, concerning portions of the Urban Areas Boundaries Maps within the Cities of Port iv

7 HISTORY OF PLAN Colborne, Niagara Falls and Thorold, and issued its decision which approved some parts and modified other parts of the Urban Areas Boundaries Maps for those Cities. The Ontario Municipal Board held a very lengthy hearing, continuing from November 13, 1979, to November 5, 1980, to consider the many portions of the Urban Areas Boundaries Maps for the City of St. Catharines and the Towns of Grimsby, Lincoln, Niagara-on-the-Lake and Pelham, and all of Amendment One. Its decision of February 27, 1981, approved some parts and modified other parts of the maps and text. As a result of the above process commencing in 1971 and concluding early in 1981, the Regional Niagara Policy Plan was in a nearly complete and approved form, as reproduced in the 1983 and 1988 Office Consolidations. In response to several petitions, the Provincial Cabinet made two changes to the text in August, Since Amendment One was adopted by Regional Council in June, 1978, there have been a number of other amendments. These are listed in Appendix C. Those which have been approved by the Minister, the Ontario Municipal Board, or after a decision by Regional Niagara, are incorporated into this Office Consolidation. Amendments 58, 59 and 60 were the result of a lengthy review of the Policy Plan initiated in They were adopted by Council in 1991 and approved by the Province in 1994 with some amendments and deferrals of some disputed portions. The deferred portions were modified and approved in A detailed list of the original documents and the approving or amending statements which form the basis for this Policy Plan is provided in Appendix C. v

8 INTRODUCTION Introduction The Regional Municipality of Niagara is one of several Regional governments which has been established by the Province of Ontario since Regional government in Ontario is designed to: a. Provide a high level of services to the residents of the Region and to provide these services in as efficient a manner as possible. b. Reorganize and streamline the operation and administration of local government. c. Establish administrative procedures and mechanisms to deal with problems and issues whose effects extend beyond the limits of any one local municipality's political boundaries. The challenge posed by Regional government is to accomplish the above broad purposes and yet to remain responsive and responsible to the needs and desires of the residents of the Region. The Regional Municipality of Niagara Act reduced the number of local municipalities from 26 to 12 and established the Region with full or shared responsibilities for: i ii iii The collection and treatment of sewage (shared), The treatment and distribution of water (shared), Regional roads, iv Health and welfare services, v Police, vi Capital budgeting and borrowing, and vii Planning (shared). Planning was established as a joint responsibility to be shared by the local municipalities and the Region. However, the Regional Act and now the Planning Act, 1990 designates the Regional Plan as the paramount document. Section 27(1) of the Planning Act states: "The Council of a local municipality shall amend every official plan and every by-law passed under Section 34 or a predecessor of it to conform with a plan that comes into effect as the official plan of a county, regional, metropolitan, or district municipality. vi

9 INTRODUCTION The Regional Municipality of Niagara Act specified that a Regional Plan be prepared and submitted to the Province for approval by the end of Section 92(2) of the Act stated: "The Regional Council, before the 31st day of December, 1973, shall prepare, adopt and forward to the Minister for approval an Official Plan for the Regional Area." vii

10 DEFINITIONS Definitions In this Plan, "Agricultural Areas" means those areas outside of the Urban Areas Boundaries suitable for agriculture and approximately shown on the Agricultural Land Base Map contained in this Policy Plan as Good Tender Fruit, Good Grape or Good General Agriculture; Agricultural-related Uses means those farm-related commercial and farm-related industrial uses that are small-scale and directly related to the farm operation and are required in close proximity to the farm operation; A Bona Fide Farmer is an individual who: (i) owns, is employed on, and manages a farm operation; (ii) earns a majority of his/her income from farming (the scale of the farm operation should be capable of generating a reasonable operating profit under "normal" economic conditions); (iii) spends a majority of his/her working time on the farm and is available to work on the farm when required by the farm operation; (iv) demonstrates a continuing commitment to the farm operation, such as through farm maintenance practices, and investment in equipment, buildings, and crops; and (v) for the purposes of this definition, a farmer is defined as the principal operator of the farm together with his/her spouse. "Local Municipality" refers to one of the twelve area municipalities as constituted by The Regional Municipality of Niagara Act; Mineral Aggregate Operation means: i. An operation, other than wayside pits and quarries, conducted under a license or permit under the Aggregate Resources Act or successors thereto; and ii. Associated accessory 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. viii

11 DEFINITIONS "Province" means the Province of Ontario or the relevant Minister of the Provincial government; "Region" means the Regional Municipality of Niagara; Residence Surplus to a Farm Operation is an existing farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation); "Rural Areas" means those areas outside of the Urban Areas Boundaries which have limited or no capability for agriculture and approximately shown on the Agricultural Land Base Map contained in this Policy Plan as Rural; "Urban Areas" means those areas shown as being within the Urban Areas Boundaries as defined by this Policy Plan. ix

12 SECTION 1 SECTION 1 Physical and Economic Background

13 SECTION ONE PHYSICAL AND ECONOMIC BACKGROUND 1. Physical and Economic Background The Regional Municipality of Niagara is located in Southern Ontario between Lake Erie and Lake Ontario. It corresponds approximately to the area commonly referred to as the "Niagara Peninsula" and will be referred to here as simply "the Region". It is bounded on the east by the Niagara River and the State of New York, and on the west by the Regional Municipalities of Hamilton-Wentworth and Haldimand-Norfolk. The Region is at one end of the band of urban development around the western end of Lake Ontario. The Region was formed in 1970 and includes all of the areas within the boundaries of the former Counties of Lincoln and Welland. There are twelve local municipalities within the Region; these were formed by the rearrangement and amalgamation of the twenty-six municipalities which existed before

14 SECTION ONE PHYSICAL AND ECONOMIC BACKGROUND The Queen Elizabeth Way and other provincial highways place most of the Region within ninety minutes' travel time of Toronto. Hamilton-Wentworth, with a population of over 400,000, is about thirty minutes away from the centre of the Region. Four road and two rail bridges connect the Region to the western part of New York State. About 2,500,000 people live along the United States' side of the Niagara River. The developing industrial complex at Nanticoke, on the shore of Lake Erie to the southwest, is about an hour's travel time from the centre of the Region. Physical Characteristics The "Niagara Peninsula" area is not a true peninsula but is a narrow neck of land stretching between Lakes Erie and Ontario. The Niagara Escarpment, running east-west through the northern part of the Region, is roughly 100 metres (300 feet) high and is the dominant physical feature of the Region. A second Escarpment, the Onondaga, parallels Lake Erie in the southern part of the Region. It is a much less prominent physical feature. Centrally located in the Region is the Fonthill Kame Moraine, the highest point in the Region. The sand and silt soils on this moraine and along the Lake Ontario Plain are highly suited for the growing of peaches, cherries and grapes. Few other areas in North America have their potential. Land drainage in the fruit-growing areas is good, but is only moderately good to poor throughout much of the rest of the Region. Large swamps are located in the southern part of the Region. 2

15 SECTION ONE PHYSICAL AND ECONOMIC BACKGROUND The Great Lakes are a moderating influence on climate. Temperatures rarely dip below -18 o C, and there are more frost-free days than in most of Ontario. Snowfall is generally lighter than in the rest of the Province. While climate and soils provide excellent conditions for agriculture along the Lake Ontario Plain, much of the central part of the Region is used for general agriculture. Rock outcroppings along portions of the Lake Erie shore are an obstacle to most types of development. Industry The industrial economic base of the Region is mature and stable. Many of the industries were attracted to the area because of good transportation facilities, including the Welland Canal, and the availability of cheap hydro-electric power. These industries have exhibited low rates of employment growth in recent years. Each of the urban communities has a different industrial base. The St. Catharines-Thorold community finds the majority of its manufacturing employment in the production of automotive parts and paper products. Tourism, the manufacture of finished products, chemicals and abrasives, provides much of the employment in Niagara Falls, while Welland relies on specialty steel and steel pipe production. Port Colborne's major employer is a metal refinery. Aircraft parts are produced in Fort Erie. Many small manufacturing concerns or service industries are located in the urban communities, often providing materials or services for the major employers. 3

16 SECTION ONE PHYSICAL AND ECONOMIC BACKGROUND All urban communities are actively soliciting new industrial and commercial ventures, and sizable industrial parks have been set aside throughout the Region. Agriculture Agriculture is an important industry in the Region. Fruit and vegetable crops, poultry, livestock, greenhouse products and general crops are large categories of agricultural production. The fruit-processing industry and the wine industry are two important secondary industries which depend on a viable agricultural industry. There are approximately 2,700 farms of various sizes and types in the Region. Past trends have been toward larger-scale operations and, as a result, the number of farms has been dropping. Similarly, the total farm population in the Region has been dropping. Tourism Tourism has long been an important part of the economic base of the Region. The famed Niagara Falls is a major tourist attraction of North America and attracts millions of visitors each year. Many thousands of persons per day visit the excellent beaches, camping facilities and amusement areas along the Lake Erie shoreline. Summer cottages line Lake Erie. The Shaw Festival at Niagara-on-the-Lake, and the historic atmosphere of that Loyalist Town, attract additional thousands of summer vacationers. More attractions are found at historic sites, mostly from the period of the War of The locks and channel of the Welland Canals are becoming increasingly popular. Present Urban Pattern Urban development in the Niagara Region is predominantly characterized by the growth of separate and identifiable urban nodes in a linear pattern along the Q.E.W. and Welland Canal transportation corridors. There is a considerable range in populations among the individual municipalities. For example, St. Catharines, with a 1996 population of about 130,926, is the largest municipality, while Wainfleet, with a 1996 population of 6,203, is the smallest. The three largest municipalities in the Region, St. Catharines, Niagara Falls and Welland, account for about two-thirds of the total Regional population. Each of the communities is old by Ontario standards, having been founded at least 150 years ago. Niagara-on-the-Lake and Fort Erie owe their existence to the forts which are located there. St. Catharines started as an inland trading and milling centre. The hydroelectric capacity of the Niagara River, together with the tourist potential of the "Falls", provided the impetus for the growth of the City of Niagara Falls. Welland, Thorold and Port Colborne grew in response to the building of the Canal. Grimsby began as a market town. 4

17 SECTION ONE PHYSICAL AND ECONOMIC BACKGROUND As there were individual reasons for the establishment of the urban communities, there has been little inter-municipal activity. Daily newspapers and radio stations are based in each of the three largest cities. Each community developed its own industrial base, and individual retail areas grew within each centre. Some smaller centres have been engulfed by the development of adjacent dominant communities. Much of this took place during major annexations and amalgamations in and again in 1970 with the formation of the Regional Municipality. While the major communities remain separated today by substantial tracts of rural or semi-rural land, growth is bringing them closer together. The St. Catharines community and the urban part of the City of Thorold are geographically attached. Welland is rapidly reaching out toward the urban part of the Town of Pelham. 5

18 SECTION 2 SECTION 2 Planning Background

19 SECTION TWO PLANNING BACKGROUND 2. Planning Background Purpose of an Official Plan In Ontario, there is no broad consensus of opinion at either the provincial or municipal level as to what constitutes an acceptable form and content for an official plan. The Planning Act of Ontario, the most important piece of provincial planning legislation, is silent on this topic. Municipal official plans are generally comprehensive documents setting out policies for the physical, economic, and, more recently and to a lesser extent, the social development of a specific geographic area or political jurisdiction. Although comprehensiveness is an impossible ideal, the approximation of the ideal is perhaps the most important characteristic of an official plan. The official plan can establish development and conservation objectives and policies, assign priorities, establish phasing, and set out social and financial guidelines for a community. The policies in an official plan are public in that they are approved by a municipal council. The policies should represent the overall public interest and yet take into consideration the particular values and needs of the various minorities. The planning period customarily adopted for an official plan is 20 to 25 years. This time period is justified on the basis that it is short enough to develop reliable projections of the future and yet long enough to account for most forces and trends operating in the urban environment. Zoning by-laws are a means of regulating the actions of individual landowners. They function as a "permit" to develop, and should carry out the proposals of the official plan. Some zoning by-laws which indicate in advance the types of development which will be permitted appear somewhat similar to an official plan with respect to land use. Existing Local Planning Controls The Region is composed of 12 local municipalities each with the responsibility for exercising a variety of planning controls within its own political jurisdictions. The two principal planning tools are the Official Plan and the Zoning By-law. Many of the 12 have up-to-date, approved official plans, but all those without are actively engaged in preparing such plans. There is a great variety of zoning by-laws within the Region and they cover most, but not all, of the Region. Some of these are detailed, complete and up-to-date, but in many cases they were prepared many years ago and need revision, or are incomplete in the area covered or in content. In other cases, the uses permitted are in conflict with official plan proposals. 6

20 SECTION TWO PLANNING BACKGROUND Present and Future Planning Responsibilities Planning in the Niagara Region is influenced by the decisions of all levels of government: Federal, Provincial, Regional and Local. Each tier of government has an appropriate planning role. However, to be most effective, planning must be a co-operative and shared responsibility. The Federal Government has major responsibilities including the regulation of air traffic, the Welland Canal, railroads, trade and the protection of international boundaries. While a regional municipality has no constitutional authority for interfering in these areas, any regional plan should at least recognize areas of joint concern and facilitate cooperative action. The Provincial Government has prime responsibilities for such things as: provincial highways, the protection of the environment, the provision of some public utilities, property assessment and many aspects of municipal development. The Province has become directly involved in preparing plans. One plan of interest to this Region is the Niagara Escarpment Plan. Since 1983, the Province has been preparing and issuing Policy Statements under Section 3 of the Planning Act on matters considered to be of Provincial interest. Municipalities in Ontario normally have responsibility (with some supervision from the Province) for planning, for regulating the use of land and the construction of buildings, for the provision of local roads, for the provision of a public water supply, for the collection and treatment of sewage, for fire protection and for many other services. Municipal budgets to provide these services are heavily dependent on Provincial financial assistance. The Region of Niagara has been given direct responsibility for planning, for the treatment and distribution of water, for solid waste management, for the collection and treatment of sewage, for regional roads, for health and welfare services, for police services, and for capital budgeting and borrowing. The Region's responsibilities are complete in some of the above cases and are shared with the local municipalities in other cases, such as planning, the distribution of water and the collection of sewage. A major decentralization of planning powers from the provincial to the regional governments is part of a continuing program to strengthen local government. The Regional Municipality of Niagara is responsible for: (1) the review of municipal zoning by-laws and amendments (granted September 1, 1974); (2) the monitoring of Committee of Adjustment and Land Division Committee decisions (granted September 1, 1974), and (3) the approval of local official plans and official plan amendments. 7

21 SECTION TWO PLANNING BACKGROUND The approval of Amendments to the Regional Policy Plan remains a Provincial responsibility. However, the Region has been exempted from the need to seek Provincial approval for Policy Plan Amendments. Preparation of the Regional Plan The preparation of an official plan is a difficult process. It requires a search for and evaluation of people's hopes and dreams, a choice between various priorities and objectives, the consideration of the needs of the majority versus those of minorities, the protection of our environment for future generations, and the recognition of changing values in a rapidly changing world. The preparation of this Regional Plan has involved many years of work. A series of twelve research reports and five discussion papers were produced by the Region's consultant at various intervals throughout the period of the Plan preparation. These support documents extended over a variety of topics including economic base, agriculture, land use, servicing, environments, etc. Several alternative long-range development proposals were prepared and, after review, three of these concepts were selected for detailed study. These concepts were titled: 1) A "Separate City Concept" which emphasized the maintenance of rural separations between the major cities to help preserve identifiable communities. 2) The "New Highway Corridor Concept" which was based on a new major highway corridor above the Escarpment and emphasis on future development above and south of the Escarpment. 3) The "Trends Concept" which was based on existing trends and anticipated the development of most of the Lake Ontario Plain north of the Escarpment plus a merging together of most of the large urban communities. These three concepts were discussed at considerable length in public meetings, in meetings with representatives of local municipalities and among Regional representatives. From these discussions, there was some preference shown for Concept 2, followed by Concept 1, with the conclusion that the best features of each should be amalgamated for the preparation of the Regional Plan. A Working Draft of the Regional Official Plan was submitted by the Region's consultants to Regional Council at the end of 1972 for public distribution. A series of meetings were held in each of the twelve local municipalities to discuss the Working Draft with local councils and the public. In addition, Regional and Provincial staff held a series of liaison meetings in order to analyze the document. The briefs and comments received were reviewed by the Regional Planning and Development Committee. The majority of comments stressed the need for a more conservation- and preservation-oriented Plan with a clearer definition of Regional and local responsibilities. Based on these comments, extensive revisions were undertaken in the form, content and guiding philosophy of the Regional Plan. The result of this review is the Policy Plan which follows. 8

22 SECTION TWO PLANNING BACKGROUND During the mid-1970s the Urban Area Boundaries were the subject of extensive review by the Region and by the Province. The Agricultural and Rural Areas Section and the Environmental Areas Section were revised in 1976 and A major OMB hearing was held in 1979 and1980 to consider the Urban Areas and revised the sections of the Policy Plan. In February 1981 the OMB delivered its decision. A major review of the Plan resulted in the adoption by Regional Council in November 1991 of revised Regional Strategic Objectives, Agricultural and Rural Areas policies, and Urban Areas policies. These revised policies were modified and approved by the Minister of Municipal Affairs in December There have been numerous minor amendments to the Policy Plan over the years. 9

23 SECTION 3 SECTION 3 Regional Strategy for Development and Conservation

24 SECTION THREE REGIONAL STRATEGY 3. Regional Strategy for Development and Conservation In many ways, the Niagara Region is a community of communities and this is becoming increasingly so. It is made up of towns and cities, hamlets and rural areas, all linked together by social and economic ties. People live in one community and shop and work in another. They have ties of friendship and family relations to other communities and enjoy recreational and social activities around the Region. As a community, Niagara has special qualities, rooted in its rich cultural and historical heritage, its unique mix of natural resources, and in its diversity. It offers a mix of the urban and the rural, of small hamlets and bustling cities, of specialty farmlands and sensitive natural areas, of heavy industry and scenic tourist spots. It is seen as a special area known for Niagara Falls and the Welland Canal, for historic sites such as Niagara-onthe-Lake and historic Fort Erie, and for its orchards and vineyards. Both those who live here and those who visit as tourists value the special qualities that Niagara has to offer. The preservation and enhancement of the Region's special character will be important to the quality of life here in the future. At the same time, though, it is also important to provide for economic development and housing to meet the needs of those who live in Niagara. The challenge is to provide a balance between conservation and development. At the Regional scale, there is the opportunity to achieve such a balance, accommodating urban development while conserving resources and protecting the environment. Increasingly, economic development at the community level is influenced by quality of life issues such as environmental health and quality, housing mix and affordability, the quality of public services, and the range of educational and recreational facilities. There is the opportunity to establish a framework to guide change that will preserve and enhance what is special about Niagara while also accommodating growth and new development. To this end, seven strategic objectives have been identified along with underlying principles which assist in the attainment of the objectives. 10

25 SECTION THREE REGIONAL STRATEGY Strategic Objectives 3.1 To recognize the diversified opportunities and needs in Niagara by balancing both urban development and the conservation of natural resources. A choice of housing and employment locations. Development and efficient use of lands within the existing urban boundaries first. Conservation of natural resources (e.g., fishery habitat, Areas of Natural and Scientific Interest, natural areas, wildlife habitat, waterways, Niagara Escarpment, wetlands, aggregate areas, and woodlots). Minimization of conflicts between incompatible land uses. 3.2 To facilitate and maintain a pattern of distinctive and identifiable urban communities. Separation between urban areas. Integrated urban communities. A variety of housing suited for each urban area. Recognition of historical features. Provision of opportunities for selective rural development in areas of poor agricultural land where farming activities would not be adversely impacted. 3.3 To encourage two discontinuous development corridors, one between Thorold and Port Colborne and the other between Niagara Falls and Fort Erie, through enabling public policies. Preferred locations for additional residential and employment areas based on studies showing the Regional need for additional land. Access to be improved by completion of Highway 406 and the mid-peninsula transportation corridor. Corridors to recognize natural resources and protect environmental features. Orderly, staged development within the corridors. 3.4 To preserve and enhance the ecological processes and life-support systems essential for sustaining human well-being and the health of the natural environment. Importance of water quality (e.g., as a source of drinking water, and for fishery habitat). 11

26 SECTION THREE REGIONAL STRATEGY Public facilities to protect water quality. Air quality improvements by good urban design, reduced commuting, and linking residential and employment areas. Contributions of natural areas (e.g., wetlands). 3.5 To improve regional self-reliance through long-range economic development planning and economic diversification. Attraction of more employment through existing or new firms. Creation of tourism development opportunities. Importance of affordable housing. Relating employment and residential areas to discourage commuting. 3.6 To provide for the conservation and wise use of Niagara's agricultural and other natural resources, through environmentally sound resource use without compromising the needs of future generations. Advocate and support government policies and programs which promote the agricultural industry. Protection of farmers' right-to-farm by minimizing the introduction of incompatible land uses within the agricultural areas. Preserve agricultural lands with highest priority being given to the protection of the unique agricultural lands. Preference for urban development on lower quality agricultural land. Conservation of forest resources, fisheries, and significant landscape features. Wise use of mineral aggregate resources. 12

27 SECTION THREE REGIONAL STRATEGY 3.7 To undertake and support those activities which improve the quality of life for the Niagara community. Importance of quality of life in community development through housing, employment, services, agriculture, environmental quality, and natural features. Strategic Statement These seven objectives taken together provide the basis for a Regional Strategy to guide development and change in Niagara. This Strategy represents a balance among the various objectives, a balance between development and conservation. The combined objectives are to: (1) Provide a broad framework against which to assess major development proposals and planning documents, Regional capital expenditures and servicing plans, and Provincial initiatives; and (2) Provide the basis for the objectives and detailed policies contained in the other sections of this Plan. The Regional Strategy for Development and Conservation Map illustrates the Strategy in a very schematic and approximate way. The Map provides guidance as to the broad direction for development and conservation in the Region. It does not indicate specific development areas or locations. The strategic objectives are made more specific in the policies and policy maps found elsewhere in this Plan. The emphasis in the Strategy is on issues of Regional concern. The local municipalities have a significant contribution to make in developing more detailed policies within the overall framework provided by the Strategy as well as in developing other policies to address more local issues. 13

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29 SECTION 4 SECTION 4 Economic Development and Tourism

30 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM 4. Economic Development and Tourism Tourism plays a very important role in Niagara s economy, providing employment and generating business for support service and supply industries. It is an industry with significant growth potential. The policies in this Plan are designed to support the continued growth and development of Niagara as a tourist destination while maintaining those special qualities that make the Region attractive both to tourists and to residents. 4.A The Greater Niagara Circle Route and Related Trails Introduction The Greater Niagara Circle Route as shown on the map entitled The Greater Niagara Circle Route and Related Trails would link the Niagara River with the Welland Canals. It would consist of: A scenic drive that would provide visitors and residents alike with a scenic route linking various attractions within the Region; A recreational trail providing an attractive setting for physically active users such as walkers, cyclists and rollerbladers. This will include the Welland Canals Trail, the Friendship Trail, the Niagara River Recreation Trail and the Lake Ontario Waterfront Trail between Niagara-on-the-Lake and Port Weller. The Niagara River Parkway and the Niagara River Recreation Trail have a history of success in attracting tourists and residents alike and providing them with attractive and enjoyable recreational opportunities. The Parkway and Trail have played a significant role in making Niagara a major tourist destination and enhancing the quality of life for local residents. The Greater Niagara Circle Route would build on this success and on the potential offered by the Welland Canals Parkway and Trails. In linking the Niagara River Parkway with the Welland Canals corridor, the Greater Niagara Circle Route would play an important role in supporting the further development of Niagara as a tourist destination. It would draw visitors to attractions in other parts of the Region, in effect offering more to the tourist. At the same time it would benefit local residents by providing opportunities for healthy outdoor activities, promoting healthy lifestyles in Niagara and enhancing the quality of life in the Region. The Trans Canada Trail and the Lake Ontario Waterfront Trail would provide links connecting the Greater Niagara Circle Route to other trail systems outside Niagara. In so doing they would enhance the value and attraction of the Circle Route. The Welland Canals East Side Trail would provide opportunities for different types of users than would use the Greater Niagara Circle Route. Finally the promotion of two recreational driving routes is encouraged to support tourism. These are a Wine Route and a Lake Erie North Shore Route (Talbot Trail). 15

31 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Objectives Objective 4.A.1 To promote and coordinate the development of a Greater Niagara Circle Route connecting the Welland Canals and the Niagara River to form a coherent, continuous scenic drive and recreational trail system that will: foster the growth of tourism in Niagara; increase the average length of stay of tourists visiting the Region; and provide recreational opportunities for local residents, and promote healthy lifestyles. Objective 4.A.2 Objective 4.A.3 Objective 4.A.4 Objective 4.A.5 Objective 4.A.6 Objective 4.A.7 Objective 4.A.8 To protect corridors from Lake Ontario to Lake Erie along the east and west sides of the Welland Canals, along which a Parkway would be established, with the remaining protected sections of the corridors being available for potential alternate and related uses, recognizing local municipal planning and Niagara Escarpment Commission objectives. To assist in the development of the Welland Canals corridor as a linear corridor that blends historic, recreational and tourist-related uses with natural settings, while providing opportunities for compatible and appropriate residential and commercial development at key nodes. The corridor would combine natural and landscaped areas. To support the development of the Trans Canada Trail and the Lake Ontario Waterfront Trail as links connecting the Greater Niagara Circle Route to trail systems outside Niagara. To provide access to the cultural and natural features along the Greater Niagara Circle Route, the Trans Canada Trail and the Lake Ontario Waterfront Trail. To ensure that, within Urban Areas, development along the Greater Niagara Circle Route, the Trans Canada Trail and the Lake Ontario Waterfront Trail maintains or enhances the scenic qualities and character of these driving routes and trails and protects significant natural and cultural heritage resources. To maintain or enhance the scenic, rural character of the landscape and significant natural and cultural heritage resources along the Greater Niagara Circle Route, the Trans Canada Trail and the Lake Ontario Waterfront Trail outside Urban Areas. To support and promote two tourism-related driving routes, namely a Wine Route and a Lake Erie North Shore Route (Talbot Trail). 16

32 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policies Policy 4.A.1 Policy 4.A.2 The Region supports the development of the Greater Niagara Circle Route, the Lake Ontario Waterfront Trail, the Trans Canada Trail, and the Welland Canals East Side Trail as shown on the map entitled The Greater Niagara Circle Route and Related Trails. The Greater Niagara Circle Route is intended to consist of: A scenic drive; and A recreational trail for use by hikers, cyclists, rollerbladers and others but excluding motorized vehicles except for motorized wheelchairs and other motorized invalid vehicles. Policy 4.A.3 Policy 4.A.4 Policy 4.A.5 Policy 4.A.6 Policy 4.A.7 The Lake Ontario Waterfront Trail will be a recreational trail for pedestrians, non-motorized vehicles, and motorized wheelchairs and other motorized invalid vehicles. The Trans Canada Trail will be a recreational trail for appropriate recreational uses as determined by the local municipalities in keeping with the framework developed by the Trans Canada Trail organization. An equestrian trail may be permitted alongside the paved section of that Trail in the Town of Fort Erie, the City of Port Colborne, and the Township of Wainfleet subject to the agreement of those local municipalities. The Region intends that a mixed use recreational trail known as the Welland Canals East Side Trail will be developed along the east side of the Welland Canal and will provide for a variety of activities including horseback riding, snowmobiling and off-road trail bike riding. Portions of the routes for the recreation trail component of the Greater Niagara Circle Route and the Trans Canada Trail through the City of Port Colborne have yet to be finalized. The Region will cooperate with the City of Port Colborne in determining the routes to be followed. Adjustments to these trail routes may be made by the City without Amendment to this Plan provided that the intent and purpose of this Plan are maintained. The Greater Niagara Circle Route, the Lake Ontario Waterfront Trail, the Trans Canada Trail, and the Welland Canals East Side Trail will be developed in phases in the following order: The first priority will be the completion of the recreational trail component of the Greater Niagara Circle Route and the completion of the Welland Canals East Side Trail from Port Colborne to Thorold South; The second priority will be the completion of those portions of the Lake Ontario Waterfront Trail and the Trans Canada Trail 17

33 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM that are located outside the Greater Niagara Circle Route; and The third priority will be the completion of the scenic drive component of the Greater Niagara Circle Route. Policy 4.A.8 Policy 4.A.9 Policy 4.A.10 The Greater Niagara Circle Route, the Welland Canals East Side Trail, the Lake Ontario Waterfront Trail and the Trans Canada Trail will be developed in cooperation with the local municipalities, other public and private agencies and private landowners. The Region will pursue the creation of the Welland Canals portion of the Greater Niagara Circle Route Scenic Drive as shown on the map entitled The Greater Niagara Circle Route and Related Trails. Until this Scenic Drive is completed, the existing interim Scenic Drive will be used for that purpose. The route identified for the Lake Ontario Waterfront Trail is interim. The Region will seek opportunities to realign sections of the Trail to bring it closer to Lake Ontario or to provide better views of the Lake and the shoreline. In doing so the Region will take into consideration: The broad public interest in the development of a Trail that provides recreational opportunities for local residents and supports tourism development; The rights of private property owners; and The protection and enhancement of sensitive natural heritage areas, of agricultural areas and of local heritage character and features. Where development of lakefront land is proposed a strip of land along the shoreline above the stable top-of-bank should be dedicated by the landowner to a suitable public agency to form part of the Lake Ontario Waterfront Trail. Where Regional facilities exist or are to be developed in close proximity to the Lake Ontario shoreline appropriate Waterfront Trail facilities shall be included wherever feasible. Policy 4.A.11 Policy 4.A.12 The Region encourages the local municipalities to identify and protect the Greater Niagara Circle Route, the Lake Ontario Waterfront Trail and the Trans Canada Trail and the uncompleted portions of the Welland Canals Parkway system, including the Welland Canals East Side Trail, in their Official Plans, Zoning By- Laws and planning decisions. The Region will cooperate with the local municipalities and other relevant agencies in planning for recreational, commercial and tourism related uses along the Greater Niagara Circle Route, the 18

34 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Lake Ontario Waterfront Trail and the Trans Canada Trail and in providing appropriate development opportunities at key nodes along them so that: Development within the Urban Area Boundary maintains or enhances the visual qualities and character of these scenic drives and trails and protects or enhances significant natural and cultural heritage resources; and Development conforms to the planning objectives and policies of the Region, the local municipalities, the Provincial government and the Niagara Escarpment Commission. Policy 4.A.13 The Region and the local municipalities may support in their Official Plans the development of appropriate staging areas, scenic lookouts and other complementary uses outside the Urban Area Boundaries along trails shown in the map entitled The Greater Niagara Circle Route and Related Trails, provided that such uses: Are small in scale; Are in keeping with the recreational character of the trails and are designed to complement them; Have minimal impact on the surrounding land uses; Have no significant negative impacts on the natural environment or on cultural heritage resources; and Will not require the extension of the municipal water supply or sanitary sewage services. Policy 4.A.14 Policy 4.A.15 Policy 4.A.16 Policy 4.A.17 The Region shall seek to secure appropriate public access where land that is owned by a public agency or a public utility is determined to be surplus to that agency s or utility s needs and has the potential to enhance the quality and attractiveness of the trails and scenic drives shown in the map entitled The Greater Niagara Circle Route and Related Trails. The Region will encourage and support the development of other recreational trails that are connected to and complement the Greater Niagara Circle Route, the Lake Ontario Waterfront Trails and the Trans Canada Trail. The Region will cooperate with the local municipalities and other appropriate public agencies in identifying and protecting the routes for such trails. The Region will support and promote a Wine Route and a Lake Erie North Shore Route as tourism-related recreational driving routes. The Region will request that the Niagara Economic and Tourism Corporation include the Trails and Driving Routes referred to in this Amendment in its promotional materials and activities. 19

35 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policy 4.A.18 Policy 4.A.19 The Region will coordinate an ongoing Committee to pursue the creation of the Greater Niagara Circle Route and the Welland Canals East Side Trail with appropriate representation from the Federal and Provincial governments; Public Works Canada; the Regional Municipality of Niagara; the Niagara Peninsula Conservation Authority; the municipalities of St. Catharines, Thorold, Welland, Wainfleet, Port Colborne, Fort Erie, Niagara Falls and Niagara-on-the-Lake; the Niagara Parks Commission; the Niagara Economic and Tourism Corporation; the St. Lawrence Seaway Management Corporation; the Niagara Escarpment Commission; and several members of the public. The above Committee, in association with the local municipalities, will: Coordinate the development of the Greater Niagara Circle Route and the Welland Canals East Side Trail; Coordinate a private fund-raising campaign to assist with the financing of the Greater Niagara Circle Route; Support a construction program to build or upgrade the necessary sections of the route, with a work program and funding sequence identifying this route in the Region s capital works program; and Emphasize the completion of the proposed Greater Niagara Circle Route as a Regional priority. 20

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37 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM 4.B The Twenty Valley/Jordan Harbour Tourism Area Introduction The Twenty Valley/Jordan Harbour Tourism Area is shown on The Twenty Valley/Jordan Harbour Tourism Area Map. It is expected that this Area will continue to evolve as a distinctive entity that many people will want to visit and enjoy for many purposes, in all seasons for many years to come. The Area is renowned for its combination of scenic lands and waters, world heritage natural environment, cultural heritage experiences and superb wine touring, all contained within a small and readily accessible geographic area. These features will be supported by a tourism infrastructure comprising a range of high quality food and accommodation outlets and top-notch information resources and welcoming facilities. These features will be linked by well-marked driving, cycling and walking routes. It is a goal of the Region to increase the economic benefit from tourism in the Twenty Valley/Jordan Harbour Tourism Area, while maintaining and enhancing its natural and cultural heritage resources. Further, the achievement of this goal must balance tourism interests with the existing agricultural, environmental, business and residential interests in the Area. The Twenty Valley/Jordan Harbour Tourism Area includes tourism assets in three key categories including attractions/places, linkages and open spaces and the working agricultural landscape. Attractions/Places provide the focus to the tourism strategy within the Area. They include shopping and eating areas, heritage sites and museums, waterfront attractions, market centres and wineries. These attractions/places provide the anchoring points of visitation for a network of trails and road routes that traverse the landscapes of the Area and the pastoral agricultural landscapes of the valley and lowlands. Key attractions/places within the Twenty Valley/Jordan Harbour Tourism Area include: Vineland Central Business District; Jordan Village; Jordan Station; Prudhommes; Jordan Harbour; and the Ball s Falls Heritage Conservation Area. Linkages and Open Spaces are public access routes and areas that weave through the valley and agricultural landscapes providing a system of parks trails and nature-based attractions that acknowledge the wide variety of natural and cultural amenities. The routes include linkages for hiking, cycling, car touring and water-based routes for canoes and other non-motorized vessels. 22

38 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM The Working Agricultural Landscape offers a scenic landscape exhibiting many orchards of tender fruit, vineyards and a range of farms and agri-tourism businesses that sell products and by-products to the public including an impressive array of wineries. Farming operations provide many opportunities for public education and cottage industries of public interest. Objectives Objective 4.B.1 The objectives related to attractions/places are: to support sensitive and compatible development within the various communities that comprise the Twenty Valley/Jordan Harbour Tourism Area; to increase the opportunities for shopping, eating and accommodation and to provide an enhanced experience of the valley and its environs for visitors; to build enhanced landscape amenities to support recreational and educational experiences; and to increase the diversity of visitation experiences for a wide range of agri-tourism and natural and cultural heritage choices, for all interests and in all seasons. Objective 4.B.2 The objectives related to linkages and open space are: to protect, manage and enhance the natural ecosystem corridors of the Niagara Escarpment, the Twenty Valley, Jordan Harbour, and the Lake Ontario waterfront and their immediate environs; to provide and enhance public access to selected natural landscape attractions, for the purposes of heritage education and scenic enjoyment, and in a manner that is not harmful to the ecology of the Area; and to promote the Area s natural assets and linkages for recreation, resource management and stewardship initiatives in an effort to improve the ecosystem for future generations. Objective 4.B.3 The objectives related to the working agricultural landscape are: to educate the visitors about the diversity of agricultural activities within the Area; to provide agri-tourism opportunities for the farming communities that will complement farming operations and the tourist appeal of the Area; 23

39 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM to retain all Unique Agricultural Lands for specialty crops, field crops and vineyards, minimizing buildings; and to increase the enjoyment of the scenic farming landscape, and its unique natural setting. Policies Policy 4.B.1 The Region will cooperate with the Town of Lincoln, the Niagara Peninsula Conservation Authority and other relevant agencies in planning for recreational, commercial and tourism related uses within the Twenty Valley/Jordan Harbour Tourism Area, and in providing appropriate development opportunities at key locations within it so that: development within the areas identified as Urban Areas on the Twenty Valley/Jordan Harbour Tourism Area Map maintains or enhances the visual qualities and character of the existing Villages, the connecting scenic drives and trails and protects or enhances significant natural and cultural heritage resources; the areas identified as Unique Agricultural Areas on the Twenty Valley/Jordan Harbour Tourism Area Map are protected for their ongoing use for agriculture and that the views and vistas that enhance the enjoyment of the natural environment and the agri-tourism potential of the Area and also protected; the area identified as Jordan Harbour on the Twenty Valley/Jordan Harbour Tourism Area Map is a sensitive environmental resource that shall be protected and enhanced; the area identified as Area under the jurisdiction of the Niagara Escarpment Commission on the Twenty Valley/Jordan Harbour Tourism Area Map including the area identified as the Ball s Falls Heritage Conservation Area shall be protected and enhanced; and any new development shall conform to all the applicable planning objectives and policies of the Region, the Town of Lincoln, the Niagara Peninsula Conservation Authority, and the Niagara Escarpment Plan. Policy 4.B.2 The Region will support and promote the marketing and the appropriate redevelopment of the roadways and the lands adjacent to the Wine Route and the Victoria Avenue Market Greenway. 24

40 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Policy 4.B.3 Policy 4.B.4 Policy 4.B.5 Policy 4.B.6 The Region will request that the Niagara Economic and Tourism Corporation include the Twenty Valley/Jordan Harbour Tourism Area in its promotional materials and activities. The Region supports the development and/or enhancement of an integrated trail system within the Twenty Valley/Jordan Harbour Tourism Area, which includes components of the Bruce Trail, the Waterfront Trail and the Twenty Valley Trail as identified conceptually on the Twenty Valley/Jordan Harbour Tourism Area Map. The identified trail network will be developed in cooperation with the Town of Lincoln, the Niagara Peninsula Conservation Authority, other public agencies and private landowners. The Region, the Town of Lincoln and the Niagara Peninsula Conservation Authority shall support the development of appropriate staging areas, scenic lookouts and other complementary uses outside the Urban Areas along the trails shown on the Twenty Valley/Jordan Harbour Tourism Area Map, provided that such uses: are small in scale; are in keeping with, and complementary to the passive recreational character of the trails; have minimal impact on the surrounding public and/or private land uses; have no significant negative impacts on the natural environment or on cultural heritage resources; and will not require the extension of the municipal water supply or sanitary sewage services. Policy 4.B.7 Policy 4.B.8 Policy 4.B.9 The Region shall seek to secure appropriate public access where land that is owned by a public agency or a public utility is determined to be surplus to their needs and has the potential to enhance the quality and attractiveness of the trail network. The Region will encourage and support the development of other recreational trails that are connected to, and complement the Waterfront Trail and the Twenty Valley Trail. The Region will assist with funding and will cooperate with the Town of Lincoln, the Niagara Peninsula Conservation Authority and other appropriate agencies in identifying and protecting the routes for such trails. The Region requires the Town of Lincoln supported by the Niagara Peninsula Conservation Authority to identify and protect the Waterfront Trail and the uncompleted portions of the Twenty 25

41 SECTION FOUR ECONOMIC DEVELOPMENT AND TOURISM Valley Trail in its Official Plan, Zoning By-law and in all its subsequent planning decisions. Policy 4.B.10 The route identified for the Waterfront Trail has not been finalized and is shown conceptually on the Twenty Valley/Jordan Harbour Tourism Area Map. The Region will seek opportunities in cooperation with the Town of Lincoln and the Niagara Peninsula Conservation Authority to ensure that the Waterfront Trail, when implemented, maximizes public access to the Lake Ontario shoreline. In doing so, the Region, the Town and the Conservation Authority will take into consideration: the broad public interest in the development of a trail that provides recreational opportunities for local residents and supports tourism development; the rights of private property owners; the protection and enhancement of sensitive natural heritage areas, agricultural areas and of local heritage resources; and shoreline protection measures may be included in area development plans for maintaining long term stability along the Lake Ontario shoreline which will assist to facilitate Smart Growth initiatives in maximizing area land use and development opportunities. Where new development is proposed on lakefront property, the Region shall support the efforts of the Town of Lincoln and the Niagara Peninsula Conservation Authority to, where publicly appropriate, secure by public ownership or by easement a strip of land along the shoreline, from the water edge to a point above the stable top-of-bank, to form part of the continuous Waterfront Trail. Policy 4.B.11 Policy 4.B.12 Portions of the route for the Twenty Valley Trail have yet to be finalized. The Region will assist with funding and will cooperate with the Town of Lincoln, the Niagara Escarpment Commission and the Niagara Peninsula Conservation Authority in determining the final routing. Adjustments to this trail route may be made by the Town without amendment to this Plan provided that the intent and purpose of this Plan and the Niagara Escarpment Plan, where applicable, are maintained. The intent of the Twenty Valley/Jordan Harbour Tourism Area Map is to identify the area where the policies of Section 4.B apply. Further, the objectives and policies of Section 4.B apply to the entire Twenty Valley/Jordan Harbour Tourism Area and are in addition to all the other applicable objectives and policies of the Region, the Town of Lincoln, the Niagara Peninsula Conservation Authority and the Niagara Escarpment Commission. 26

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43 SECTION 5 SECTION 5 Urban Areas

44 SECTION FIVE URBAN AREAS 5. Urban Areas The Regional Strategy for Development and Conservation recognizes the significant role of urban communities with people's identification, economic activity, and quality of life. Niagara's pattern of distinctive and identifiable urban communities appeals to people. These characteristics are partly due to the built form and partly due to the surroundings. While the initiative for the arrangement of land uses within the urban areas is left with the local municipalities, the Region has an overall interest in people's quality of life as influenced by the availability of housing, employment opportunities, and services. Also, the effective use of urban land through the mix of uses, density of development, and energy conservation contribute to the conservation of natural resources. The Regional Strategy recognizes the need for a balance between urban development and the conservation of natural resources. The urban area boundaries which are established here are a prime means of implementing this balance, and other strategic objectives, by: establishing the location and the extent of city and town development, sufficient to provide for the housing, social and employment needs of residents, preventing urban development on inappropriate sites, thus contributing to the conservation of resources such as the Niagara Escarpment, aggregate areas, wetlands and the prime agricultural soils, and establishing the responsibility of governments to provide the necessary public services for the occupants of the urban areas. The Urban Areas Boundaries were established after a lengthy OMB hearing between 1978 and The urban boundaries reflect objectives for the broader regional community. Efficient use of the land within the urban boundaries is financially and environmentally desirable. This efficient use involves development of higher densities than in the past, and using lands suitable for infilling, intensification and redevelopment to promote more compact urban forms. The Regional Strategic Objectives and the policies in this Plan provide the guidance for possible expansions to the urban boundaries. These expansions will require amendments to the Regional and local Official Plans. When the need for more urban land is identified through comprehensive land utilization studies, opportunities will be provided mainly in, but not limited to, two development corridors in which there should be provision for both residential and employment areas. Development will proceed in stages and in an orderly fashion. Development in the corridors will not be continuous in order to retain open space, natural resources and protect environmental features. These development corridors are directly based on the existing QEW route from Niagara Falls to Fort Erie, and the Highway 406 route from Thorold to Port Colborne which is now being extended. These routes are shown schematically on the map in this Plan, entitled Regional Niagara Strategy for Development and Conservation. 28

45 SECTION FIVE URBAN AREAS The Regional Strategy together with the objectives and policies in this Policy Plan endeavour to guide change so as to contribute and build a better Niagara while maintaining those urban characteristics and natural resources which make Niagara special. Objectives for Urban Areas Objective 5.1 Objective 5.2 Objective 5.3 Objective 5.4 To designate urban areas for serviced urban development sufficient to meet anticipated residential, business and other needs in a choice of locations. To designate urban areas for which suitable and efficient water treatment, water distribution, sewage collection, stormwater management controls and sewage treatment systems can be provided. To designate urban areas which meet the strategic objectives of this Plan such as economic development, conservation of resources, the protection of the environment, preserve agricultural lands with highest priority being given to the protection of the unique agricultural lands, the maintenance of distinct urban communities, and which provide a high quality of life for residents. To encourage urban development south of the Escarpment as a positive aid in reducing urban pressures on the unique agricultural lands. Industrial Objective 5.5 Objective 5.6 To increase the number and type of employment opportunities throughout the Region. To assist and encourage the traditional existing businesses and industries in the Region. Commercial Objective 5.7 Objective 5.8 Objective 5.9 To ensure that each municipality and the entire Region has an adequate supply of convenient, attractive and economically viable shopping facilities. To support a dispersed pattern of shopping facilities. Under this dispersed approach, shopping facilities must be related to the needs of the municipalities in which they are located, in terms of location, size, accessibility by auto or by public transit, and other relevant factors. To ensure that the overall supply of shopping facilities in each local municipality is sufficient to provide healthy competition without endangering the essential character and quality of existing shopping facilities. 29

46 SECTION FIVE URBAN AREAS Note: This objective requires a careful balance between the extremes of "no competition" and "unlimited competition". The significance of an oversupply of commercial space must be a continuing concern, and future decisions must be made on the amount of oversupply which is desirable or tolerable. Objective 5.10 To assist local municipalities to determine appropriate policies for shopping facilities within their boundaries. Residential Objective 5.11 Objective 5.12 Objective 5.13 To contribute to the overall goal of providing a sufficient supply of housing which is affordable, accessible, adequate and suited to the needs of the full range of types of households and income groups in Niagara. To ensure that the sites for a minimum of twenty five percent of all potential new housing units are suitable for affordable housing, in accordance with the Provincial Policy Statement on Land Use Planning for Housing. To maximize the use of existing community and servicing resources in established communities for a variety of new residential units. Policies for Urban Areas Policy 5.1 Policy 5.2 Policy 5.3 "Urban Areas" are defined as the areas within the "Urban Areas Boundaries" defined on the Urban Areas Boundaries Map. The Region intends to provide the Regional facilities needed for water supply, sewage treatment and transportation within the urban areas. The Region will continue to prepare servicing plans to serve development over at least a 20-year period. However, the Region cannot be committed to provide such services by any specific time because of financial limitations and possible physical limitations to the installation of services. Preference will be given to servicing projects which are compatible with other Objectives and Policies of this Plan, particularly the strategic objectives in Part Three. Urban Study Areas" are defined as existing small communities for which the Region expects to provide water supply and sewage treatment facilities to resolve existing health problems. They are shown on the attached Urban Areas Boundaries Map in a circular shape as a schematic indication only of the location and small size of such communities. When their locations and boundaries are described more precisely in the approved official plans of the area municipalities and 30

47 SECTION FIVE URBAN AREAS servicing is available, these approved areas will be shown as urban on the Urban Area Boundaries Map. Policy 5.4 Policy 5.5 Individual urban development proposals within urban areas will be dependent on the availability of adequate municipal water, sewer, stormwater and road services to meet the anticipated increased requirements resulting from the development. Individual development projects without the full range of urban services will only be permitted in special cases and under special circumstances where the lack of complete services will not be a detriment to the environment, the private development, the municipality or to the efficient use of land. The primary responsibility for regulating the types, locations and densities of land uses within the defined urban areas rests with the local municipalities, through their official plans and zoning regulations. Each municipality is expected to prepare these plans with supporting information to regulate the development within their urban areas. Despite the predominance given the local plans, several aspects of these local plans are considered to be of Regional significance and interest. Thus the Region expects these topics to be adequately covered in local documents, but the Region will maintain a continuing interest in them, and will review and comment on topics of Regional significance. These include: (a) the amount and distribution of low, medium and high density residential uses, and commercial and industrial uses; (b) policies supporting the provision of various forms of affordable housing within existing developed areas as well as in new subdivisions; (c) pedestrian as well as other transportation needs; (d) parks and recreation policies which consider demand, accessibility, and relationships to other land uses; (e) maps showing existing and proposed land uses, Regional and area municipal roads and community facilities (schools, parks, major institutions, etc.); (f) consideration of factors such as historic features, aesthetic values, adequate provision for public institutions, energy conservation, a distribution and density of buildings which contributes to a pleasing urban character, and the minimizing of conflicts between adjacent land uses. In these respects, the Region considers that it shares an interest with the local municipalities in providing efficient, safe, attractive, and adequate facilities within the urban environment while recognizing that 31

48 SECTION FIVE URBAN AREAS the detailed decisions will normally be the responsibility of the local municipality. Policy 5.6 Expansions to the urban boundaries are a significant community undertaking requiring Amendments to the Regional and local Official Plans. The Region expects, and will encourage and assist, the efficient use of land within the existing urban boundaries through infilling, redevelopment, and increased densities. Expansions into the Niagara Escarpment Plan area are not encouraged and if proposed will require an Amendment to the Niagara Escarpment Plan. An assessment of proposed urban boundary changes will be based on the Regional Strategy for Development and Conservation in Section 3. Proposed expansions should be considered within the context of an overall municipal review. Particular criteria for the review of proposed urban boundary expansions are: the need for the proposed uses and the benefits and costs to the local and Regional community. The need assessment should consider the amount of developable land within existing urban areas, the demand for the type of development proposed in relation to the demographic forecasts for the local municipality and the Region, and opportunities for accommodating development within the existing urban areas; the availability of suitable alternative locations within the municipality for proposals only serving local residents. For all other applications involving prime agricultural lands, the availability of suitable alternative locations also shall be considered; compliance with the objectives and policies of this Plan including preference for poor quality agricultural lands for development, preservation of high quality agricultural land for agricultural uses, protection of natural resources, and support for physically separate urban communities; the location and effect of the new boundary on those lands and activities remaining outside the urban area; the availability and capability of servicing facilities; and the comments of local municipalities on the demonstrated need, the evaluation of local resources, and the opportunity for orderly, efficient and economic growth. 32

49 SECTION FIVE URBAN AREAS Policy 5.7 In implementing the strategic objectives of this Plan, the Region will develop municipal population and household estimates in consultation with each municipality. These will be used to develop appropriate servicing systems to accommodate growth and to review development applications and planning documents of the local municipalities. Industrial Policy 5.8 Policy 5.9 The Region, in co-operation with the local municipalities, and subject to the necessary legislative authority, may establish industrial parks with necessary services and adequate transportation services in order to attract industry to the Region. The Region will continue to support an industrial development commission, Niagara Economic and Tourism Corporation, which may: (a) attract new business and industrial activities into the Region to help diversify the industrial base and provide regional employment opportunities; (b) support the continued operation of existing businesses and industries within Regional Niagara; (c) coordinate and complement local Business and Industrial Development Committees and their activities; (d) develop and manage, in co-operation with the local municipalities, Regional industrial parks. Policy 5.10 Policy 5.11 Subject to the overall objectives of this Regional Plan, each local municipality may attract industries to provide local employment and for local convenience, in keeping with the character of the community. The Region recognizes the importance of the tourist industry to the Region and will co-operate with agencies involved with the tourist industry to promote the tourist attractions and facilities in the Region. Commercial Policy 5.12 Policy 5.13 Each local municipality should encourage the provision of convenient, attractive and economically viable shopping facilities within its boundaries, compatible with the needs and desires of its residents. The primary responsibility for determining a detailed commercial strategy guiding the size and location of new and expanded shopping facilities within any local municipality rests with that municipality. The local official plan is the appropriate document for indicating the strategy for the provision of shopping facilities. The Region will encourage each local municipality to undertake planning and market 33

50 SECTION FIVE URBAN AREAS studies to assist in establishing its commercial strategy and policy statements. Policy 5.14 The Region will review all major proposals for new commercial development or expansion of existing facilities. In its review, the Region will be guided by the objectives and policies of the Regional Policy Plan. The Region will be responsible primarily for regulating the overall supply of shopping facilities throughout the Region and in each local municipality. Each major commercial proposal should be accompanied by sufficient background information such as site, access and servicing plans, timing or staging of development, the amount and types of retail facilities, market studies, etc., to permit proper evaluation by the Region. Based on their review, and recognizing the matters noted in Policy 5.15, the Region will not approve any new or expanded commercial development which, by its size or location: (a) produces an undesirable oversupply of shopping facilities within the Region, or (b) produces an inequitable distribution of shopping facilities within the Region, or (c) does not mainly serve the residents of that municipality. The Region will also consider the following: (a) Impact on existing shopping facilities within the local municipality and throughout the Region. (b) Impact on, and adequacy of, local and Regional road networks to accommodate the proposed development. (c) Impact on, and adequacy of, local and Regional services to accommodate the proposed development. (d) Compatibility with adjacent existing and proposed land uses. Policy 5.15 In evaluating commercial proposals, particularly with respect to estimated commercial "needs" and possible oversupply, the following factors will also be considered by the Region: (a) There may be imperfections in economic and population projections and in the resulting estimates of future "needs" for shopping facilities. 34

51 SECTION FIVE URBAN AREAS (b) A degree of oversupply of shopping facilities may be desirable as a stimulus to competition and to provide desirable choice and variety for customers. (c) An allowance should be made to permit the construction of a large "increment" of commercial space (i.e., one new medium size shopping centre or one stage of a large centre) at one time, designed to meet estimated increasing needs over a period of a very few years. (d) An allowance for the early correction of serious inequities in the present distribution of commercial space is desirable. (e) A moderate amount of additional retail space may be justified in larger urban areas to serve the major shopping needs of residents of nearby rural areas and smaller urban areas. (f) Some additional sales space may be justified by actual and potential sales to travelers and tourists. (g) Some types of commercial space are not covered by the preceding policies, such as hotels and motels, automobiles sales and service, places of entertainment, restaurants, service establishments such as barber shops, and other uses such as libraries and offices, but will be regulated in the normal manner through local official plans and zoning by-laws. Policy A commercial centre is permitted for up to 400,000 square feet of commercial space located on 35 acres in the Town of Niagara-on-the- Lake on the South Service Road between Taylor and Coon Roads for non-shopping centre commercial uses intended to serve the Regional community, any other policies in this Plan notwithstanding, with the majority of the building area in the form of relatively large scale units, subject to: (1) the exclusion of a supermarket as a permitted use; (2) 70% of the 400,000 square feet to be in commercial units greater than 10,000 square feet (930 square metres); (3) a minimum of 2 anchor units to be in excess of 43,000 square feet (4,000 square metres), and a minimum of 2 anchor units to be in excess of 20,000 square feet (1,860 square metres); and (4) a minimum unit size of 5,000 square feet (465 square metres), save and except that 10% of the development may be ancillary non-retail uses and retail stores, and that the retail stores shall not be less than 3,000 square feet (280 square metres). 35

52 SECTION FIVE URBAN AREAS Residential Policy 5.16 The following types of group homes administered under Provincial legislation shall be permitted to establish in any residential zone or residence in the Niagara Region, subject to criteria (i), (ii) and (iii) below. The types of group homes to be permitted are: Approved Homes Homes for Special Care Supportive Housing Programs, Adult Community Mental Health Program Children's Residences Accommodation Services for the Developmentally Handicapped Satellite Residences for Seniors In addition to the above, Homes for Physically Disabled Adults are also permitted when the Province licenses, funds or approves a group home program for physically disabled adults. Halfway Houses for the Socially Disadvantaged, Halfway Houses for Alcoholics, Halfway Houses for Exoffenders, and Community Resource Centres will require a rezoning unless a local municipality decides that such a rezoning is not necessary. The criteria referred to in the first paragraph of this policy are: (i) a group home is defined as a housekeeping unit or units in a residential building in which: (a) in a single family residence or single family residential zone, up to six (6) residents (excluding the staff or the receiving family) live as a family under responsible supervision; (b) in a multiple family residence or multiple family residential zone, up to eight (8) residents (excluding the staff or the receiving family) live as a family under responsible supervision. The home is licensed or approved under Provincial statute and is in compliance with municipal by-laws. Local municipalities may permit more residents than indicated above, up to a maximum of 10 residents. 36

53 SECTION FIVE URBAN AREAS (ii) the local municipalities may have a distance separation between group homes but in no instance should this exceed 460 metres (1,500 feet) within the urban area boundaries. Beyond the urban area boundaries, the local municipalities may establish greater setback distances to prevent concentrations of group homes. (iii) consultation is held with the local municipality and other agencies by the applicant and the appropriate Provincial agency considering the establishment of a group home and furthermore, this consultation would occur preferably through a locally based review and ongoing monitoring body with formal membership. Items for consideration should include the provision of adequate funding by the Province for quality care and the availability of appropriate support services. Such a procedure would not preclude Provincial consultation with other appropriate individuals or agencies not represented on the review body. Policy 5.17 Policy 5.18 Policy 5.19 Policy 5.20 Policy 5.21 Policy 5.22 Policy 5.23 The Region, in consultation with local municipalities, will continue to designate at least a ten year supply of land for residential and other uses at all times in its Policy Plan. The Region expects local municipalities to designate at least a ten year supply of residential land at all times in their Official Plans in accordance with Policy The Region will prepare projections of future housing needs and their distribution among the local municipalities. This distribution will be developed in accordance with Regionally approved development/conservation strategies, to assist the municipalities in meeting Policy The local municipalities, in cooperation with the Region, may use somewhat different projections based on local circumstances and provided that all Regional policies are met. The Region, in consultation with local municipalities, will continue to prepare plans for water supply and sewage treatment facilities to serve the residential development needs of the Region over at least a twenty year period in accordance with Policy When the servicing capacity for new residential development is limited, preference will be given to affordable housing. When the servicing capacity for new development is limited, the status of draft approved subdivision plans which are inactive after two years should be reconsidered. The Region, in cooperation with local municipalities, will seek to maintain a continuous three-year supply of a combination of draft approved and/or registered vacant residential lots and blocks in an appropriate range of types and sizes. 37

54 SECTION FIVE URBAN AREAS Policy 5.24 Policy 5.25 Policy 5.26 Policy 5.27 Policy 5.28 The Region, in cooperation with the municipalities, will review the status of all draft approved subdivision plans and, where considered necessary to provide a supply of sites suitable for affordable housing, may require modifications to the plans. The Region, in cooperation with the local municipalities and other key review agencies, will endeavour to make a decision on all residential subdivisions which are compatible with housing, servicing and other applicable planning policies within a target approval time of five months from the circulation of a complete application. If this time period cannot be met, then the applicant and Regional Council will be advised of the reason for the postponement of a decision. In responding to matters such as condominium applications, local official plan amendments, and zoning by-law amendments which are under the jurisdiction of other agencies, the Region will continue to comment as promptly as possible and will attempt to meet the timetable of the appropriate agency. The Region will establish an interdepartmental committee and identify a coordinator to assist proponents in obtaining preliminary planning and servicing information on any types of residential development applications. The Region will aim to decide on a minimum of eighty percent of all residential Policy Plan amendments within nine months after receipt of completed applications. The Region expects that each local municipality will, in its own official plan and zoning regulations: designate and zone for a range of housing types, including sites for a minimum of twenty five percent of all potential units to be suitable for affordable types and tenure of housing, distribute the range of housing types, provide direction on the timing of development areas so that the sites for affordable types of housing are approved concurrently or in advance of others. Policy 5.29 The Region will, in its review process for any planning documents, take into account the Province's Policy Statement on Land Use Planning for Housing. The Region will encourage the provision of sites for a minimum of twenty five percent of potential new housing units to be suitable for affordable housing. The sites provided for affordable housing should attempt to: 38

55 SECTION FIVE URBAN AREAS provide a variety of housing types which could create new affordable units for a reasonable proportion of household types, meet the housing needs of people with a range of income levels below the 60th percentile, provide sites suitable for assisted housing. Policy 5.30 Policy 5.31 The Region will require that for each subdivision application information will be provided on how the minimum of twenty five percent affordable requirement will be met within the municipality involved. The Region will require that the sites for at least twenty five per cent of all potential new housing units proceeding through the subdivision approval process in each municipality are suitable for and intended for affordable housing in accordance with the Province's financial guidelines. These sites for affordable housing must include as full a range of types and prices of affordable housing as practicable, such as family type housing with direct ground access as well as apartments, with the lot sizes, types of units, and prices varying amongst local municipalities. This requirement can be satisfactorily met by: (a) a subdivision plan which meets the minimum of twenty five per cent affordable requirement by itself, or (b) a group of development applications submitted jointly by one or more applicants and which meet the requirements on an overall basis. The affordable component must obtain final approval at least concurrently, or (c) a satisfactory statement and plan from the municipality, if available, explaining how the requirements are being met through current development applications on an overall municipal basis. This would mean that the affordable sites in various locations throughout the municipality must obtain final approval in advance of the others or at least concurrently. This policy does not apply to the Township of Wainfleet because it has no serviced urban areas. Policy 5.32 The Region expects, and will encourage and assist, each local municipality to identify means to increase the supply of housing within existing communities by such means as: designating areas in the Official Plan for various forms of increased density, providing for infilling, redevelopment, and increased densities in existing residential areas, 39

56 SECTION FIVE URBAN AREAS providing zoned areas for a broad variety of multiple units, including rooming, boarding and lodging houses, providing zones areas to permit added units within existing dwellings. In reviewing proposed zoning by-laws, the following criteria will be considered with respect to facilitating the provision of affordable housing: minimum lot and building sizes, and heights, types of housing permitted, the potential to create accessory apartments, rooming/boarding houses, mobile homes, and granny flats, the potential for infilling, parking standards, adequate municipal services and parks. Policy 5.33 The Region, in cooperation with the local municipalities, will conduct an annual review of the housing situation to examine the extent to which lots are being created upon which affordable housing can be expected to be built, and whether or not affordable housing is being built. To these ends, information on the following topics will assess the effectiveness of the policies and the possible need for adjustments to them: annual housing production by type of unit, annual production of affordable units on subdivision lots approved for these types of housing, annual production of non-profit and rent geared-to-income units, apartment vacancy rates, inventory of vacant housing sites, by type and location, and information on current dwelling costs and rents. Policy 5.34 The Region, together with local municipalities, will support the nonprofit housing agencies as well as the private sector in building dwelling units for lower and modest income households, physically challenged individuals, and other special needs groups. 40

57 SECTION FIVE URBAN AREAS Policy Policy 5.35 Policy 5.36 Up to 25 units of seniors housing and/or a youth centre for sports and recreation on existing services are permitted in association with and just south of Club Italia east of Kalar Road in the City of Niagara Falls. Any further development, or, any further extension or addition of municipal services, will require amendments to the Regional Niagara Policy Plan and the City of Niagara Falls Official Plan and be based on a comprehensive planning and servicing study of the broader area east of Kalar Road, north of the Hydro Corridor, south of Mountain Road and west of the Queen Elizabeth Way. To assist the non-profit housing sector and to further streamline the approvals process for applications submitted by this sector, the Region will provide information and, where appropriate, technical advice. Furthermore, the Region and the local municipalities, in conjunction with appropriate agencies, will prepare an inventory identifying acceptable zones / locations for sponsored housing and non-profit housing projects. The Region will support efforts by local municipalities to maintain and improve their existing housing through full use of Federal and Provincial funding programs developed for these purposes. Policy 5.37 Regional Council will not support the conversion of rental accommodation to condominium ownership where, in its opinion, the proposal will adversely affect the supply of affordable rental housing. A vacancy rate of three per cent or more in rental accommodation is considered desirable. Policy 5.38 Regional Council will support the continued operation of the Advisory Housing Committee with representatives from interested organizations. A major role for that Committee will be to contribute information for, and to review, the annual monitoring report and to suggest any policy changes which they think are appropriate. 41

58 SECTION 6 SECTION 6 Agriculture and Rural Areas

59 SECTION SIX AGRICULTURE 6. Agriculture and Rural Areas This Section outlines the objectives and the policies for the Region's Agricultural and Rural Areas. Many of Niagara's important renewable and non-renewable resources can be found in Agricultural and Rural Areas of the Region. For example, these areas contain high quality agricultural land, environmentally significant features, and sand and gravel resources. To achieve the proposed Regional strategy of balancing conservation and development these resources must be used wisely. With a unique combination of deep sandy soils and favourable microclimates, Niagara's tender fruitlands are Provincially and Nationally significant. The Region also has large areas of good general agricultural lands which are suitable for the production of field crops and for livestock operations. The agri-food industry in Niagara is diversified. Farmers produce a variety of crops including greenhouse flowers, fruit, vegetables, livestock and field crops. Wineries, distilleries, fruit and vegetable processors, dairies and meat packing firms process these crops adding value to their production. The proposed policies in this Plan give the unique agricultural lands (Good Grape and Good Tender Fruit Areas) the highest priority for preservation. The good general agricultural lands have the next priority for preservation. While not unique, these lands are suitable for the production of a wide range of crops and therefore are important in maintaining the agricultural industry's diversity. Agricultural uses may continue in the Rural, Village and Hamlet Areas. However, some opportunities for development, including residential, commercial, industrial, and recreation uses compatible with the rural environment also are provided. The smallest of the urban communities, villages and hamlets, offer a distinctive small town lifestyle to Niagara residents. Low density development is permitted on private services in all of these areas. Objectives for Agricultural and Rural Areas Objective 6.1 Objective 6.2 Objective 6.3 To preserve Niagara's agricultural lands. The unique agricultural lands suitable for tender fruits and grapes have the highest priority for preservation. Good general agricultural lands have the second highest priority for protection. To advocate and support government policies and programs which promote the agricultural industry. To conserve and enhance the natural resources of the Agricultural and Rural Areas. 42

60 SECTION SIX AGRICULTURE Objective 6.4 Objective 6.5 Objective 6.6 To provide for a limited amount of non-farm development in designated Hamlets, Villages and Rural Areas. To provide an efficient and orderly pattern of land uses in the Agricultural and Rural Areas, which lessens land use conflicts, which requires a minimum of municipal services and conserves natural resources. To protect farmers' right-to-farm by minimizing the potential for conflicts between farm and non-farm uses. 6.A Policies for Agriculture The following policies for agriculture apply to both the unique and good general agricultural lands shown on the Agricultural Land Base Map. The Unique Agricultural Area includes both good tender fruit and good grape lands. The boundaries of Unique Agricultural Areas are based on the mapping contained in the Greenbelt Plan Areas shown as Unique Agricultural Areas are intended to reflect the location of the Protected Countryside lands in the Greenbelt Plan. The Unique Agricultural Areas are extended over the Niagara Escarpment Plan Area. The requirements of the Niagara Escarpment Plan, established under the Niagara Escarpment Planning and Development Act continue to apply and the Protected Countryside policies in the Greenbelt Plan do not apply with the exception of Section 3.3 in the Greenbelt Plan.. The Good General Agricultural Area includes organic soils, areas of Classes 1 and 2 lands, areas of 60 to 70 percent Class 1 and 2 lands, and the majority of Class 3 lands. These areas were originally based on the Canada Land Inventory: Soil Capability for Agriculture and consultation with local agriculturalists. The Map also includes refinements and adjustments to the Good General Agricultural Areas based on detailed reviews and local official plan amendments by area municipalities carried out in consultation with the Region and others. The Region will review and revise the Agricultural Land Base Map further in co-operation with area municipalities, agricultural representatives and interested local and Provincial agencies and organizations. This review will use the available up to date information including the soils mapping of the Ontario Institute of Pedology (1989) and available climatic information. The six objectives of Section Six together with the Strategic Objectives of Section Three provide direction for this review. Policy 6.A.1 Policy 6.A.2 The highest priority will be given to preserving "good tender fruit lands" and "good grape lands" (Unique Agricultural Areas are shown on the accompanying map, "Agricultural Land Base"). The second highest priority will be give to preserving "good general agricultural lands" (Good General Agricultural Areas are shown on the accompanying map, "Agricultural Land Base"). 43

61 SECTION SIX AGRICULTURE Policy 6.A.3 The Region will attempt to ensure a viable agricultural industry through such means as: the protection of unique and good general agricultural lands; tariff and, or, quota protection from imports (a Federal Government responsibility); adequate marketing procedures (a responsibility of the industry and the Provincial Government); protection from unjustified taxes (a Provincial and local municipal government responsibility); financial support to local agricultural groups, such as grants to the Niagara North and South Federations of Agriculture; support of farmers seeking approval for loans from lending agencies for additional farm residences in order to eliminate the need for severances; and the continuation of the existing Agricultural Sub-Committee to advise the Region on agricultural issues. (This Sub Committee includes representatives from Regional Council and local agricultural and marketing organizations.) The Region recognizes the urgent need to improve economic conditions for the farmer. While the Region has continuously supported the encouragement of a viable agricultural industry, the senior levels of government have major responsibilities in this area as generally indicated in Policy 6.A.3. In the event that the necessary economic measures for the protection and development of the agricultural industry are not forthcoming from the Federal and Provincial Governments, the Region will review and may revise its agricultural policies to reflect the lack of economic programs for agriculture. Policy 6.A.4 Policy 6.A.5 Local municipalities, with assistance from the Region, should formulate policies for inclusion in their official plans for the protection of unique and good general agricultural lands, consistent with the policies of the Regional Policy Plan. These areas should be mapped in the local official plans. The Agricultural Land Base Map identifies agricultural areas in which the Region is committed to supporting the farmer and his/her opportunity to farm. These areas should have supportive government policies and programs, and attempt to prevent conflicting public and private uses which hinder the farmer s ability to farm. Changes to the Good General Agricultural Areas and Rural Areas on the Agricultural Land Base Map will be made only after consultation with the local municipalities, agricultural representatives and interested local and 44

62 SECTION SIX AGRICULTURE Provincial agencies and organizations and will be done through a Regional Policy Plan amendment. Revisions to the Greenbelt Plan and to the Niagara Escarpment Plan boundaries and the redesignation of Unique Agricultural Areas are prohibited. Policy 6.A.6 Policy 6.A.7 Policy 6.A.8 In the Unique and Good General Agricultural Areas, the predominant use of land will be for agriculture of all types, including livestock operations. Compatible uses such as forestry and conservation of plant and wildlife are also permitted. In Unique Agricultural Areas, all existing uses lawfully used for such purpose prior to December 16, 2004, the date the Greenbelt Plan came into effect, are permitted. Also, in Unique Agricultural Areas single dwellings are permitted on existing lots of record, provided they were zoned for such 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 did not proceed. Small scale agriculturally related uses directly related to, serving, and requiring close proximity to the surrounding agricultural areas may be permitted except where there is a conflict with the Niagara Escarpment Plan as amended from time to time and if it is not possible for such uses to locate in designated Hamlets, Villages, Rural Areas, or Urban Areas. These uses should be located so the effect on surrounding unique and good general agricultural lands as well as viable farm operations is minimized. Farm markets in agricultural areas should be seasonal in nature with the majority of retail floor space devoted to the sale of domestic produce. Local municipal official plans and zoning by-laws should establish maximum retail floor space area provisions and other site design criteria. Non-agricultural uses should not be located in Agricultural Areas. The introduction of new non-agricultural development of all types into the Agricultural Areas has an adverse impact on the agricultural and natural resources and shall be strictly limited. However, applications for individual non-agricultural uses may be considered. These applications will be reviewed through a Regional Policy Plan Amendment subject to the following conditions: (a) (b) (c) Non-agricultural uses are not permitted in Unique Agricultural Areas - Good Tender Fruit and Good Grape Areas. Non-farm residential lots and uses are not permitted in Good General Agricultural Areas or in Rural Areas in close proximity to agricultural activity. A demonstrated need for additional land to be designated within the municipality and the desirability of the proposed use to the community. 45

63 SECTION SIX AGRICULTURE (d) (e) (f) There are no reasonable alternatives in Rural Areas or in Urban Areas. There are no reasonable alternative locations in other Good General Agricultural Areas with lower priority agricultural land. The degree of conflict with surrounding agricultural uses. Any conflict should be mitigated to the extent feasible. This would depend on the size and nature of the proposed use, the existing agricultural uses, and on any buffering factors between them. For example, creeks, roadways and other prominent features would be helpful in defining and screening a non-agricultural use from surrounding farms; (g) Compliance with policies contained in Section 7 Environmental Policies including the Natural Heritage and Aggregate Resource Policies. (h) (i) Applications must be supported by adequate technical assessment to ensure that private water supply and private sewage services can be provided. Compliance with other policies contained in the Regional Policy Plan. 6.A.9 In the Unique Agricultural Areas, consents to convey may be permitted only in accordance with the following provisions. Within the Niagara Escarpment Plan Area, the policies of the Niagara Escarpment Plan as amended from time to time shall prevail unless the following policies are more restrictive, then the more restrictive policies shall prevail. Policies for lot creation in local Official Plans can be more restrictive than the following policies and still conform to this Plan. (a) (b) (c) The consent to convey is for an agricultural use where the severed and retained lots are intended for agricultural uses and provided the minimum lot size is 40-acres (16.2 hectares). The consent is for a residence surplus to a farming operation as a result of a farm consolidation, which residence was an existing use as of December 16, 2004, provided that a residential dwelling is not permitted in perpetuity on the retained lot of farmland created by this severance. As a condition of severance, the applicant must have the remnant parcel rezoned to preclude its use for residential purposes. The consent requested is for minor boundary adjustments or easements, complies with other policies in this Plan and does not create a separate lot for a residential dwelling and there is no increased fragmentation of a key natural heritage feature or key hydrologic feature. 46

64 SECTION SIX AGRICULTURE 6.A.9.1 In Good General Agricultural Areas consents to convey may be permitted only in those circumstances set out in the following provisions. Policies for lot creation in local Official Plans can be more restrictive and still conform to this Plan. (a) The consent to convey is required for existing agriculturally related uses subject to Policy 6.A.7 and provided the parcel size is limited to the minimum size needed to accommodate the use. Deferred Under Section 17 (34) Of the Planning Act (b) The consent to convey is for a farm parcel provided that resulting parcels are both for agricultural use and the size of the resulting parcels is a minimum size of 40 hectares (100 acres): Smaller lot severances for greenhouses can be permitted subject to the condition that any new dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for greenhouse operations be of a sufficient size so that these uses have ample room for future expansion. (d) (c) The consent to convey is for a residence surplus to a farming operation as a result of a farm consolidation provided new residential dwellings are prohibited in perpetuity on any vacant remnant parcel of land created by the severance. As a condition of severance the applicant must have the remnant farm parcel rezoned to preclude its use for residential purposes. The consent is for a lot adjustment for legal or technical reasons such as easements, corrections to deeds, quit claims and minor boundary adjustments which do not result in the creation of a new lot. Policy 6.A.9.2 Policy 6.A.10 The Region supports the Niagara Tender Fruit Lands Program. In return for restrictive covenants on title, Niagara tender fruit growers receive financial compensation. The program is administered under the Agricultural Research Institute of Ontario Act. The uses are those permitted in the restrictive covenant. Proposed residential lots being considered for a consent under the criteria in Policies 6.A.9 and 6.A.9.1 must also meet the following conditions. (a) (b) (c) Any new lot is of sufficient size and has suitable soil and site conditions for the installation and long-term operation of a private waste disposal system in compliance with the requirements of the Ministry of the Environment. Any new lot has an adequate ground or other water supply, in compliance with the requirements of the Ministry of the Environment and the Medical Officer of Health. Any new lot has sufficient frontage on an existing publiclymaintained road. 48

65 SECTION SIX AGRICULTURE (d) Where possible, joint use should be made of the existing road access to the farm operation. (e) Road access to any new lot does not create a traffic hazard because of limited sight lines on curves or grades or proximity to intersections. (f) (g) The size of any new lot shall not exceed an area of 0.4 hectares (1 acre) except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Medical Officer of Health or such other person appointed for that purpose by the Ministry of the Environment. The proposed lot should be located to minimize the impact on the remaining farm operation. Policy 6.A.11 Policy 6.A.12 Policy 6.A.13 Any land conveyance for a residential lot shall also comply with local official plans and by-laws where more detailed and/or more restrictive criteria are included. Additional permanent or portable farm-related dwellings may be permitted without severance for full time farm help where the size and/or nature of the farm operations makes the employment of such help necessary, where such additional dwelling does not have a significant effect on the tillable area of the farm or its viability. Water supply and sewage treatment facilities and essential public uses such as utility, communication, and transportation facilities which are of a linear nature and cannot reasonably locate outside agricultural areas may be permitted within them and should be located so as to minimize the effects on surrounding unique and good general agricultural lands, farm operations, surface drainage, and natural environmental resources. Within the Niagara Escarpment Plan Area, the Niagara Escarpment Plan as amended from time to time and the development criteria relating to Transportation and Utilities shall apply. Policy 6.A.14 The removal of topsoil from unique and good general agricultural lands is generally discouraged and should be regulated by by-laws passed under The Topsoil Preservation Act. Local municipalities will be encouraged to enact by-laws under the provisions of the above Act to regulate the removal of topsoil and to require the rehabilitation of lands from which the topsoil has been removed. Policy 6.A.15 Interference with surface drainage that adversely affects the productivity of nearby farmland should be prohibited. Municipalities are encouraged to control interference with surface drainage under the 49

66 SECTION SIX AGRICULTURE Livestock Operations provisions of Section 208 of the Municipal Act and under Section 41 of the Planning Act. Municipalities also are encouraged to support the flood plain and fill line mapping program of the Niagara Peninsula Conservation Authority and the registration of fill lines once mapped. Policy 6.A.16 New dwellings on existing lots and proposed new lots must be separated from existing livestock operations on adjacent properties. Similarly, new or expanded livestock operations must be separated from existing dwellings on adjacent properties. It is required that local official plans and zoning by-laws use the Minimum Distance Separation Formula of the Agricultural Code of Practice as their standard for livestock operations. Exceptions may be made for farm buildings under the same ownership. Also, as set out in the Agricultural Code of Practice, other non-farm uses shall comply with the Minimum Distance Separation Formula. Notwithstanding the above, in areas shown as Good General Agricultural Area on the Agricultural Land Base Map, new lots suitable for residential dwellings must be separated from existing livestock operations by 1000 feet or the distance determined by the MDS formula whichever is greater. Policy 6.A.17 Where urban areas boundaries have been established closer to an existing livestock operation, new urban development must still comply with the separation distance as determined by the Minimum Distance Separation Formula of the Agricultural Code of Practice for Ontario. Secondary Uses Policy 6.A.18 Home industries such as welding shops, small engine repair, carpentry, electrical; home occupations within residences such as bed and breakfast facilities with up to six guestrooms and personal services; and uses that produce and market value-added agricultural products are permitted as secondary uses to the principal use of a property in an agricultural area provided that: (i) the use is small in scale and remains ancillary to the principal use of the property, and (ii) any value-added agricultural products are from the farm operation on the property, and (iii) all of the property remains designated and zoned agricultural, and (iv) new secondary uses are compatible with and do not hinder surrounding agricultural uses, and 50

67 SECTION SIX AGRICULTURE 6.B Policies for Rural Areas (v) home industries are permitted by zoning by-law amendment, and (vi) the use complies with other policies in the Regional Policy Plan, and No future severance of these secondary uses is permitted. The local municipalities are expected to incorporate more detailed policies in their Official Plans and Zoning By-laws to regulate secondary uses (i.e., lot size, lot coverage, setbacks, and the need for site plan control) so that any negative effects on agriculture are minimized. The following policies and also Policies 6.A.16 and 6.A.17 apply to the Rural Area as shown on the "Agricultural Land Base" map. The Rural Area includes some of the Class 3 lands, as well as Classes 4 to 7 inclusive, according to the Canada Land Inventory: Soil Capability for Agriculture. Policy 6.B.1 Policy 6.B.2 The predominant use of lands in the "Rural" Area will continue to be agriculture, but some non-farm related development will be permitted. (Rural lands are shown on the accompanying map, "Agricultural Land Base".) A variety of non-agricultural development may be located in the Rural Areas (which are shown in the Policy Plan) subject to meeting all the provisions contained in Section 6.B. Certain types of low intensity non-agricultural development such as non-farm residential uses including estate subdivisions, recreational uses, and small-scale commercial and institutional development may be permitted generally in the Rural Areas subject to a rezoning or a consent to convey in the case of residential uses. Local official plan policies for non-agricultural development shall provide direction on the following issues: (1) the future pattern and character of development, (2) the extent of protection for agricultural activities, (3) types of and compatibility among uses either permitted generally or by local official plan designation, (4) the extent of protection to natural resources, (5) compatibility with adjoining agricultural areas, and (6) access and servicing requirements. Policy 6.B.2.1 Development in the Rural area located east of Highway 58, south of Old Thorold Stone Road, west of Townline Road and north of 51

68 SECTION SIX AGRICULTURE Beaverdams Road in the City of Thorold will proceed by way of a secondary plan addressing such issues as the residential compatibility, servicing, historical features, tourism, and the natural environment. This secondary plan will form part of either the Thorold Official Plan or the Regional Policy Plan. A 61 metre (200 foot) possible future highway widening corridor along the east/west portion of Highway 58 (Thorold Stone Road) between Davis Road and Thorold Townline Road as shown in the City of Thorold Official Plan will be protected until future Highway 420 extension needs are identified by the Ministry of Transportation. Also, no direct new access will be permitted to the above portion of Highway 58 between Davis Road and Thorold Townline Road. Policy 6.B.3 Policy 6.B.4 Policy 6.B.5 Development in the Rural Area will be permitted only when the individual lot and its soil conditions are suitable for the satisfactory longterm operation of a private waste disposal system, in accordance with the requirements of the Ministry of the Environment. Development in the Rural Area will be permitted only when the water supply meets the requirements of the Ministry of the Environment or its agents and the Medical Officer of Health. Developments outside the urban areas boundaries will not be provided with municipal water and sewer services but instead will be expected to depend on private waste disposal systems and private water supply. The above policy applies to all lands outside the Urban Areas Boundaries. Notwithstanding the above: (a) (b) (c) Municipal sewers or water supply mains may be extended outside the urban area where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. Further, extensions of the water supply system may be permitted for necessary operating purposes, such as the looping of existing mains, the replacement of existing mains, and the interconnection of urban areas. Further, Regional Council may also consider requests by local municipalities for extensions of municipal water mains to serve existing and proposed agricultural and agriculturally-related uses subject to: (1) Compliance with the provisions of Section 8.B.8; 52

69 SECTION SIX AGRICULTURE (2) The proviso that the predominant use for the water supplied will be for existing or proposed agricultural or agriculturallyrelated uses; and (3) Provided that notice is given by the municipality to neighbouring owners by personal service or prepaid first class mail to every owner of land whose land is within 120 metres (400 feet) of the proposed waterline extension as shown on the last revised assessment roll of the municipality. (d) (e) (f) The above policy regarding the extension of water to agricultural and agriculturally-related uses will expire at the end of In the event of such an expiry of the policy, subsequent applications will require an amendment to this Plan. Between 2004 and 2009, the number, location and size of all servicing extensions will be monitored. Further, the Regional Council may only consider requests by local municipalities for municipal connections to Regional transmission watermains under Section 89 (a) of the Municipal Act, 2001 subject to compliance with Policy 8.B.8. The Regional Council may also consider requests by local municipalities for extensions of the water supply system beyond the urban areas boundaries for other permitted uses subject to amendments to this Plan which specify the area to be served and which satisfy the criteria set out in Policy 8.B.8. (g) A policy of a local municipality regarding waterline extensions shall be deemed to be in conformity with the Regional Niagara Policy Plan even if the local policy is more restrictive than Policy 6.B.5. (h) (i) Within the area of the Niagara Escarpment Plan, such proposed extensions will be subject to conformity with the Niagara Escarpment Plan as amended from time to time, and will require a Development Permit from the Niagara Escarpment Commission. Within areas designated Unique Agricultural Areas, waterline extensions may be extended for health reasons and to serve uses existing as of December 16, 2004 and expansions thereof adjacent to the urban area. Extensions to serve existing nonagricultural uses will require an Amendment to this Plan. Policy 6.B.5.1 Notwithstanding the provisions of Policy 6.B.5, the extension of a 38 mm diameter sanitary sewer forcemain is permitted to serve the proposed Vincor International Inc. estate winery to be located to the east of the 53

70 SECTION SIX AGRICULTURE Jordan community and south of Regional Road 81 in the Town of Lincoln. Policy 6.B.5.2 Policy 6.B.5.3 Notwithstanding the land use provisions of Section 6.B.5 of the Agriculture and Rural Areas Policies in the Regional Policy Plan, a 200 mm diameter PVC sanitary sewer line extension of approximately 90 metres in an area outside the Urban Area Boundary in the Town of Grimsby to service an existing residential lot intended for residential development in a Good General Agricultural Area is permitted. The site is located on the north side of Main Street West (Regional Road 81) about 50 metres east of Hunter Road, Part of Lot 18, Concession 2, Part 1, Plan 30R Notwithstanding the provisions of Policy 6.B.5, the extension of a sanitary sewer forcemain is permitted on Haist Street outside the Fonthill Urban Area to serve the Pelham Evangelical Friends Church located at 940 Haist Street and two intervening existing residential dwellings located on Haist Street between the Urban Area and the church building. Rural Residential Development in Rural Areas Policy 6.B.6 Policy 6.B.7 Policy 6.B.8 Policy 6.B.9 The Region will permit some non-farm residential development in the Rural Area, as described in the first paragraph under the heading 6.B Policies for Rural Areas, with a reduced level of services and on large lots, subject to Policy 6.B.9. Such development will be subject to detailed regulations by the area municipalities through their official plans and zoning by-laws. Any such development will be reviewed by the Region through either a plan of subdivision or a consent application. The granting of a consent to convey by the Land Division Committee must be in conformity with the policies recommended in the Food Land Guidelines issued by the Ministry of Agriculture, Food and Rural Affairs. The long-term pattern and character of future development within any local municipality must be carefully considered before non-farm residential development in the Rural Area can be approved. The cost of providing ancillary services such as storm drainage, snowplowing, road maintenance, possible road paving, garbage and refuse pickup if necessary, the operation of additional school buses, etc., should be reviewed when considering approval of any non-farm residential development in the Rural Area. Proposals for rural residential development in the Rural Area must meet the following criteria, in addition to the other requirements of this Policy Plan, the Niagara Escarpment Plan and the local official plans: (1) The proposed development should offer amenities such as diverse landscaping and vegetation. 54

71 SECTION SIX AGRICULTURE (2) The proposal should be designed, insofar as is possible, to retain desirable natural features and vegetation, if any, and, in addition, may make provision for the enhancement of the site. (3) The development should be at a scale and density suitable to the physical characteristics of the site. (4) Soil and drainage conditions are suitable and permit the proper siting of buildings, the supply of potable water and the installation and long-term operation of an adequate means of waste disposal. (5) The site should not have problems of flooding, erosion, unstable slopes, is not swampy, and does not have organic soils. (6) Development will not have a significant detrimental impact on the larger surrounding ecosystem, such as a reduction in water quality and quantity or interference with natural farm drainage. (7) Proposed developments must be suitably distant from, and protected from, incompatible land uses such as existing pits and quarries, possible mineral resource areas recognized in this Plan, livestock operations, existing and former solid waste sites, major transportation facilities and heavy industrial uses which may result in adverse environmental effects. The Minimum Distance Separation Formula of the Agricultural Code of Practice must be used to determine the separation distance of a proposed development from an existing livestock operation. (8) Proposed developments must have adequate access, but locations must not jeopardize the operation of the road system by improper or numerous accesses. (9) Minimum lot size shall normally be about 0.4 hectares (1 acre) and the minimum frontage 46 metres (150 feet), but this is variable depending on local conditions or on special design proposals. For multiple lot residential development consisting of three or more lots the minimum lot size will be 1 hectare unless it is determined through a hydrogeological study that considers potential cumulative impacts that a smaller size lot will adequately accommodate private water and sewage treatment facilities for long term operation. Applications for multiple lot estate residential development should be accompanied by a drainage plan and should be subject to site plan approval. (10) Maximum lot size in the case of a lot, other than an existing lot, where soils of Classes 1, 2, 3 or 4 as defined in the Canada Land Inventory of Soil Capability for Agriculture predominate shall not exceed an area of 0.4 hectares (1 acre) except to the extent of any additional area deemed necessary to support a well and 55

72 SECTION SIX AGRICULTURE private sewage disposal system as determined by the Medical Officer of Health or such other person appointed for that purpose by the Ministry of the Environment. Policy 6.B.10 Policy 6.B.11 Local municipalities wishing to designate rural residential areas should include in their official plans rural residential policies which form part of the municipality's overall housing policies and conform to Niagara Escarpment Plan policies as amended from time to time and within the Niagara Escarpment Plan area. In addition to the policies in this Plan, the site consisting of approximately 30.5 ha (75 acres) and located on the north side of Miller Road, approximately 2900 feet east of Willoughby Drive in the City of Niagara Falls is subject to the following policies: (i) non-farm development proposals such as recreational, institutional, or estate residential developments will require an amendment to the City of Niagara Falls Official Plan. Such proposals shall be supported by qualified evidence demonstrating matters of need, suitability of the site for the proposed development, effect on adjacent properties, the adequacy of private water and sewer services, adequacy of road access, impact on Usher s Creek, impact on woodlands on the site, and financial impact on the municipality. (ii) estate residential development shall proceed by plan of subdivision. Policy 6.B.12 Notwithstanding the provisions in Section 6.B no new estate residential subdivisions are permitted within the Rural Areas shown in the Town of Fort Erie. 6.C Policies for Villages and Hamlets Villages and Hamlets are areas designated in local official plans for further development of a low-density nature without the provision of municipal water and sewers. They include existing groups of houses and may play an important social and economic role for the people in the surrounding Agricultural or Rural Area. Policy 6.C.1 Villages and Hamlets where additional development is to be permitted shall be designated and their boundaries defined in local official plans. They should have sufficient development capacity to accommodate supporting farm-related uses and only a limited amount of non-farm related development. In areas identified as Good General Agricultural Areas an amendment to the Regional Policy Plan will be required to show the general location. This amendment will be reviewed according to the objectives and policies in this Plan and the detailed provisions in 6.C. New hamlets or expansions to existing hamlets should be identified only at the time of a comprehensive official plan review and only where it has been demonstrated that: 56

73 SECTION SIX AGRICULTURE Sufficient opportunities for growth are not available through intensification and redevelopment in urban areas, There are no alternatives that avoid Good General Agricultural Areas, and There are no reasonable alternatives on lower priority agricultural lands in Good General Agricultural Areas. Notwithstanding the above provisions, no new hamlets or expansions to existing hamlets are permitted in Unique Agricultural Areas. Policy 6.C.1.1 Policy 6.C.1.2 Policy 6.C.2 Policy 6.C.3 Policy 6.C.4 In accordance with the provisions of Policy 6.C.1, a church is permitted on about a 5 acre parcel located west of Wellandport Road in the Township of Wainfleet as an extension to the boundary of the hamlet of Wellandport and as further illustrated in the Township of Wainfleet Official Plan. In accordance with the provisions of Policy 6.C.1, a parcel of land approximately 7 hectares (18 acres) in area, located south of Ostryhon Corners in the Township of Wainfleet is included within the boundary of the Hamlet of Ostryon Corners as further illustrated in the Township of Wainfleet Official Plan. The boundaries of new and expanded hamlets in Good General Agricultural Areas and in Rural Areas should be located so as to minimize and mitigate to the extent feasible the impacts on nearby agricultural operations. Where Village and Hamlet boundaries have been established closer to an existing livestock operation than determined by the Minimum Distance Separation Formula in the Agricultural Code of Practice, new Hamlet or Village development must still comply with the Minimum Distance Separation Formula. Development in Villages and Hamlets should preferably take place on the basis of secondary plans. The Region will co-operate and assist in the preparation and review of these secondary plans. The secondary plans should deal with issues which include: (i) (ii) (iii) (iv) (v) (vi) (vii) population servicing road system land use community facilities effect on surrounding lands implementation. Policy 6.C.5 The Region will undertake a study of the settlement capability of presently designated Villages and Hamlets. This will provide necessary information on the capacity of existing designated areas. 57

74 SECTION SIX AGRICULTURE Policy 6.C.6 Policy 6.C.7 Policy 6.C.8 Policy 6.C.9 Development in Villages and Hamlets will be permitted by plan of subdivision or by consent. Development will be encouraged in depth rather than in strips along roads. Provision shall be made to permit access at appropriate locations from the main road to second or third tiers of lots behind the existing development, where proposed. Wherever possible, the local municipality shall obtain such access in the course of considering plans of subdivision and consents for land severances. Proposals for development will be carefully reviewed by both the local municipality and the Region to ensure that the development is orderly and well planned, that adequate services such as school bussing and fire protection can be provided, that the added development will not interfere with the operation of the arterial road system and that existing problems such as pollution, inadequate water supply or conflicting land uses will not be aggravated. Development must be on lots having an adequate water supply and suitable for private waste disposal systems in accordance with the requirements of the Ministry of the Environment and the Medical Officer of Health. The minimum lot size for new lots in Villages and Hamlets should be 1hectare unless it is determined through a hydrogeological study that a smaller lot size will adequately accommodate private water and sewage treatment facilities for long term operation. Proposals for development within or expansion to areas designated Minor Urban Centre and the establishment of new Minor Urban Centres within the Niagara Escarpment Plan as amended from time to time on Niagara Escarpment Plan Area Map 1, are subject to Part 1.6, Minor Urban Centres, and the development criteria in Part 2. 58

75 SECTION 7 SECTION 7 Natural Resources and Environmental Areas

76 SECTION SEVEN ENVIRONMENTAL 7. Natural Resources and Environmental Areas Background This Policy Plan has two basic functions: first to provide guidelines for the location and type of development in both urban and rural areas and, second, to identify the environmental resources of the Region and to develop measures for their protection and management. It is the second function which is described in this section. This section refers to several different kinds of policy areas: Recreation and Open Space, Environmentally Sensitive Areas, Shorelines, Hazard Lands, Historic Sites, Mineral Resources and Forest Resources. These policy areas tend to overlap somewhat, but are sufficiently different and important to merit separate sets of policy statements. The Environmental Resources of the Region Much of what makes the Niagara Region a distinctive and attractive place in which to live and work is the quality and extent of its environmental resources. The Niagara Escarpment, the Short Hills, the Lake Erie and Lake Ontario shorelines, the major river and stream valleys, the Niagara River and the Welland Canal lands are the primary areas for the provision of recreational, open space and park areas in the Region. These areas form an interlinking network of corridors which must be protected to meet the needs of the Region's valuable tourist industry, the increasing desire of residents for recreational and scenic areas and also as a continuing and irreplaceable natural heritage. The various marshes, forested areas, lakes, rivers and other dispersed locations of valuable or endangered plant and animal life provide a necessary link in the maintenance of natural systems, a living laboratory for study and research and an important source of sport and recreational activities. There is a special urgency to protect these areas since they represent a particularly fragile and, in many cases, a rapidly disappearing natural resource. The Niagara Region is also rich in history, being one of the oldest settled areas in Ontario, a place settled by the United Empire Loyalists and fought over during the War of The Region is fortunate to have retained numerous examples of architecturally important buildings, neighbourhoods and entire communities. The abandoned locks of the Welland Canals are a reminder of the early industrial development of the Region. These areas should be preserved not just for their aesthetic value but as an important component in understanding and appreciating the Region's settlement and development history. The mineral and forest resources of the Region represent important economic assets providing employment and raw materials for the development of the Region. These areas also must be protected. 60

77 SECTION SEVEN ENVIRONMENTAL 7.A Recreation and Open Space Objectives for Recreation and Open Space Objective 7.A.1 To ensure sufficient recreational, open space and park areas within the Region to meet the leisure needs and desires of present and future residents and visitors. Policies for Recreation and Open Space Policy 7.A.1 Policy 7.A.2 Policy 7.A.3 Policy 7.A.4 Policy 7.A.5 Policy 7.A.6 The Region considers that its major role in recreation and open space should be related to co-ordination of the activities of the various public agencies involved, especially when the areas are of regional significance or transcend the boundaries of individual local municipalities. The Region recognizes that the primary role of local municipalities in the field of recreation and open space should be the development of policies and programs for the acquisition, use, management and distribution of recreation and open space areas which best serve the needs of the residents of that municipality. The Region may provide funding for land acquisition in cases where this cannot be accomplished through other agencies. Wherever possible, acquisition programs shall be in co-operation with other agencies and shall use available cost-sharing programs. The Region will also seek the necessary legislative changes to permit such funding. The Region will evaluate the potential of all public lands including property owned by the St. Lawrence Seaway Authority, the Federal Department of National Defense, the public utilities, and the Region for recreation and open space uses. Those lands considered desirable for recreation and open space uses should be retained in public ownership with the operational responsibility transferred through lease or other agreements if necessary to the appropriate recreation, conservation or park agency. Arrangements for the multiple use of publicly-owned lands with recreation potential will be made, wherever possible, recognizing both the needs of the public agency owning the lands and the desirability of recreational uses. The possibility of developing a walking or riding trail system using public utility rights-of-way and the St. Lawrence Seaway Authority lands will be explored. The Region supports and encourages continued liaison between the Ministry of Natural Resources, the Ministry of Citizenship, Culture and Recreation, the Niagara Parks Commission, local municipalities, other relevant agencies, and the Region in the acquisition, use and management of recreation and open space lands and the development of recreation programs and activities. 61

78 SECTION SEVEN ENVIRONMENTAL Policy 7.A.7 Policy 7.A.8 A continuous pedestrian route generally following the Bruce Trail should be protected along the Niagara Escarpment, recognizing and protecting the rights of the property owners involved. The Niagara Escarpment Plan sets out the policies and framework for a Niagara Escarpment Parks System stretching from Queenston to Tobermory. The Parks System is the responsibility of, and coordinated by the Ministry of Natural Resources and includes 105 parks managed by several public agencies. The Bruce Trail is an essential component of the Parks system linking parks and natural features. A summary of the Parks System concept is provided in the Niagara Escarpment Plan. The following is a list of the Escarpment Parks within the Niagara Region: Beamer Memorial Conservation Area Mountainview Conservation Area Cave Springs Ball's Falls Conservation Area Louth Conservation Area Rockway Conservation Area St. John's Conservation Area Short Hills Provincial Park Thirty Mile Creek Welland Canal Woodend Conservation Area Queenston Quarry Woolverton Conservation Area Queenston Heights (Brock's Monument) 7.B Environmentally Sensitive Areas Environmentally sensitive areas are identified in a general way on the Environmental Areas map. The selection of specific areas was based on information contained in the Draft Regional Official Plan Background Report entitled "Potential Recreation Areas and Fragile Biological Sites" together with some input from the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and several private groups and individuals concerned about the natural environment. The areas identified as environmentally sensitive include the major marshes throughout the Region, important plant and wildlife habitats, major forested areas and major landforms such as the Niagara Escarpment and the Short Hills which have an important scenic and natural value. More precise boundaries for environmentally sensitive areas will be established over time based on further study and individual environmental impact statements. There is a need to further examine the natural amenities of the Region in order to more fully understand the natural systems and to monitor the effects of development on them. As knowledge of the environmentally sensitive areas increases, additional areas may be designated and other existing areas deleted or reduced in size. 62

79 SECTION SEVEN ENVIRONMENTAL Objectives for Environmentally Sensitive Areas Objective 7.B.1 Objective 7.B.2 To preserve, protect and conserve environmentally sensitive areas. To permit only those uses which are compatible with and will not damage environmentally sensitive areas. Policies for Environmentally Sensitive Areas Policy 7.B.1 The Region will consider the establishment of an Environmental Advisory Committee to identify, inventory and analyze environmentally sensitive areas. Policy 7.B.2 The Region supports the need for added information on environmentally sensitive areas to assist with future environmental impact studies. The Region, with the assistance of an Environmental Advisory Committee, will prepare the following: (a) an acceptable set of criteria for the identification of environmentally sensitive areas; (b) (c) (d) a more detailed identification, inventory and analysis of the natural features of the Region in order to better determine the degree of sensitivity of each area; a revised set of policies for the use and management of areas identified; and a workable set of procedures for the carrying out of environmental impact studies. Policy 7.B.3 As an interim measure, the following policies will apply to environmentally sensitive areas identified in a general way on the Environmental Areas map. The uses permitted in environmentally sensitive areas will be limited to the following uses, subject to the other policies contained in this plan, in particular, the Niagara Escarpment Plan policies in Section 7.H, and any more restrictive policies and regulations of the local municipalities and the Provincial Government: (a) agricultural uses; (b) forestry uses and timber harvest operations in woodlots under agreement pursuant to The Woodlot Improvement Act and The Forestry Act; (c) public and private recreation and open space uses such as golf courses, campgrounds, picnic areas, and nature reserves; (d) rural non-farm residential uses, provided they are identified in local official plans and provided the Region, when reviewing development applications, is satisfied they will not adversely affect 63

80 SECTION SEVEN ENVIRONMENTAL the natural environment of the particular area or existing agricultural uses on adjacent lands. In determining whether or not the proposed development adversely affects the natural environment, the Region may require a study submitted by the applicant and carried out by a qualified environmental specialist which identifies and describes the natural environment that will be affected (plant and animal species, natural systems involved, groundwater table, etc.), the effects on the environment that may be caused by the development and actions necessary to remedy or prevent these effects. Included as well should be an evaluation of the advantages and disadvantages to the area of the undertaking or development and the alternatives to the undertaking or development. Policy 7.B.4 Policy 7.B.5 Uses which could detract from and damage environmentally sensitive areas will not be permitted on or adjacent to these areas. Where environmentally sensitive areas are located on public lands, the Region, in co-operation with the public agency concerned, will support and encourage all measures intended to protect, preserve and improve the quality of environmentally sensitive areas. Policy 7.B.6 The Region will support and encourage the acquisition of environmentally sensitive areas for public recreation and conservation purposes by the appropriate local, Provincial and Federal agencies and will itself consider contributing toward the acquisition of such areas. However, it should not be inferred that the designation of environmentally sensitive areas represents a commitment to purchase such areas nor should it be implied that such areas under private ownership are free and open to the public. Policy 7.B.7 Uses such as public utilities, communication and transportation facilities, and public uses including waste disposal sites should only be permitted in or through environmentally sensitive areas if it can be demonstrated that the advantages of any project outweigh the disadvantages. This weighing of advantages versus disadvantages requires evaluation of: (a) the value and sensitivity of the particular site; (b) the expected impact of the proposed project on the environmentally sensitive area; (c) (d) the need for and benefits of the proposed project; and the advantages and disadvantages of alternative locations for the proposed project. Within the Niagara Escarpment Plan area, the above noted uses are subject to the requirements of the Niagara Escarpment Plan Policies in Section 7.H. 64

81 SECTION SEVEN ENVIRONMENTAL Policy 7.B.8 Policy 7.B.9 Pending completion of the studies referred to previously, the Region accepts some flexibility in respect of the environmentally sensitive areas, and recognizes that the mapping of such areas in local official plans may define such areas more precisely at this time. The Region accepts that such local mapping, after Regional review and approval, will supersede the Environmental Areas Map in this Plan, provided any differences are of a minor nature. In the area of the Niagara Escarpment Plan Policy 7.B.9 replaces Policy 7.B.8. The Escarpment Natural Area as defined in the Niagara Escarpment Plan is based on further studies as contemplated in Policy 7.B.8 and has been adopted by the Province of Ontario. The environmentally sensitive area which is schematically shown on the Environmental Areas map, is redefined to coincide with the Escarpment Natural Area designation in the Niagara Escarpment Plan as shown in Section 7.H within the boundaries of the Niagara Escarpment Plan area. 7.C Shorelines The Lake Erie and Lake Ontario shorelines, together with the Niagara River lands, represent an important public resource. The development and use of these areas should be in a manner consistent with maximizing public access to this resource and at the same time minimizing the potential hazard to both life and property as a result of periodic flooding or shoreline erosion. Further study of the shoreline lands is necessary in order to develop an overall shoreline planning strategy. Objectives for Shorelines Objective 7.C.1 To recognize, protect and improve the shoreline lands in a manner which reflects their value as a public amenity and as areas of potential hazard to both life and property. Policies for Shorelines Policy 7.C.1 Policy 7.C.2 Road closings which restrict public access to the Lake Ontario and Lake Erie shorelines will not be permitted unless a new suitable alternative access is provided in the same general area. The Region, when reviewing development applications in shoreline areas, will encourage public use and access to shorefront lands across publicly-owned lands in co-operation with local municipalities through agreements and/or land dedications. This policy does not imply that shorefront lands will necessarily be accepted by the municipality to fulfill park dedication requirements nor does it in any way commit the municipality to purchase or maintain shorefront properties. 65

82 SECTION SEVEN ENVIRONMENTAL Policy 7.C.3 Policy 7.C.4 Policy 7.C.5 The detailed distribution of land uses related to Lake Erie and Lake Ontario shorelines within urban areas boundaries is primarily the responsibility of the local municipalities concerned. The uses permitted in areas related to the shorelines outside the urban areas boundaries is a legitimate area of shared local and Regional concern. The uses permitted should conform to those uses set out in the Agricultural and Rural Areas Policies and other policies of this Plan. However, due to the special problems associated with shoreline development, the following additional policies will apply: (a) Where new rural non-farm residential uses are permitted: the areas involved must be identified and supported in local official plans; the development must comply with other policies of this Plan; and the development must be designed in such a way so as to facilitate public access to the shoreline. (b) Any new development involving the construction of a permanent building should be set back from the shoreline in accordance with the hazard land provisions of this Plan. (c) Conversions of resort residential development of a seasonal nature to permanent year-round use should not be permitted unless it meets the requirements of the Ministry of the Environment, and Regional and local policies related to year-round, rural non-farm residential development. Policy 7.C.6 The Region will support and encourage the activities of Environment Canada and the Provincial Ministry of the Environment in all necessary measures to reduce pollution and ameliorate the quality of the water in Lake Erie and Lake Ontario. 66

83 SECTION SEVEN ENVIRONMENTAL 67

84 SECTION SEVEN ENVIRONMENTAL 7.D Hazard Lands The definition of hazard lands includes all lands which, due to their location and/or physical characteristics, are unsuitable for development. Hazard lands include lands susceptible to flooding, erosion, slumping, poor drainage, and organic soils. The development of hazard land poses high costs to society due to the loss of life or property. It is the present practice of the Ontario Government to require that all local official plans contain policy maps and statements intended: to indicate the location of all hazard lands; and to restrict the development of such lands primarily to such uses as agriculture, outdoor recreation, forestry, wildlife conservation and public or private recreational facilities. Under The Conservation Authorities Act, the Ministry of Natural Resources has developed criteria for identifying hazard lands. These criteria have been used by the Ministry of Natural Resources to prepare maps showing hazard lands in the Niagara Region. Detailed maps for floodplains and other hazard areas are available through the Niagara Peninsula Conservation Authority. Objectives for Hazard Lands Objective 7.D.1 Objective 7.D.2 To reduce potential property damage and loss of life in those areas that are, by their location and/or physical characteristics, hazardous to development. To preserve and conserve the character and quality of natural areas and the environment in general. Policies for Hazard Lands Policy 7.D.1 Policy 7.D.2 Policy 7.D.3 The Region supports the present practice of the Provincial Government and will itself require that local official plans and zoning by-laws include maps and text indicating the location of hazard lands, the permissible uses thereon and factors to be considered in reviewing development applications in hazard lands. The Region supports the Niagara Peninsula Conservation Authority in the requirements for its written consent as a condition to the construction of buildings, or the placing or the removal of fill of any kind in areas subject to periodic flooding or physical limitations, provided the Region and the local municipalities have had an adequate opportunity to consider and approve the hazard land and floodplain mapping. The Region will co-operate with the local municipalities, the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources in the development of park dedication criteria where new development is proposed on a site, part of which is classified as hazard land. 68

85 SECTION SEVEN ENVIRONMENTAL Generally, however, there should be no obligation to accept land as part of the 5% park dedication in hazard land areas. Policy 7.D.4 Policy 7.D.5 Policy 7.D.6 Policy 7.D.7 There should be no public obligation to purchase hazard land nor should it be construed that private lands so designated are free and open to the general public. Setbacks for buildings along the Lake Ontario and Lake Erie shorelines shall be established through local official plans and zoning regulations, and should be based on average rates of erosion in the past years and on the installation of erosion protection measures. The Region will co-operate with the Provincial Government in measures such as drainage improvements and other measures necessary to reduce the threat of flooding and other physical hazards, provided such improvements and measures have been adequately reviewed to determine their economic and environmental costs and benefits. The conservation of soil, water, flora and fauna will be encouraged in all hazard land locations. 7.E Mineral Resources The Niagara Region is fortunate in having large deposits of sand, gravel, stone and shale as illustrated on the sketch maps. These mineral resources play a significant role in the Region's economy in providing necessary raw materials for buildings, roads and other construction projects. Policies for mineral resources are intended to ensure that these natural resources are available for future use and that their management is compatible with the natural and human environment. The Pits and Quarries Control Act, 1971, provides that: (a) (b) all pit and quarry operations must obtain a Provincial license and must meet the landscaping, buffering and setback regulations of the Province; and pit and quarry operations must prepare and follow plans for the future rehabilitation of their pit or quarry and must contribute funds to ensure that the rehabilitation measures are carried out. There are now nine sand and gravel pits and eleven stone quarries within the Niagara Region operating under the provisions of the above Pits and Quarries Control Act. Approximately four million tonnes of aggregate have been extracted annually in recent years. Other mineral resources found in the Region are peat and natural gas. There is a large peat-harvesting operation in the Wainfleet Marsh. A small amount of natural gas is produced from the southern portion of the Niagara Region and offshore Lake Erie. Natural gas is also stored underground in this Region to help provide for peak wintertime usage. 69

86 SECTION SEVEN ENVIRONMENTAL Objectives for Mineral Resources Objective 7.E.1 Objective 7.E.2 To ensure an adequate supply of mineral resources (including sand, gravel, stone and shale) for the short-term and long-term construction, chemical, and metallurgical needs within the Niagara Region. To ensure the suitable location, operation and rehabilitation of mineral extraction activities in order to minimize conflicts with both the natural and human environment of the Region. Policies for Mineral Resources Policy 7.E.1 Policy 7.E.2 Policy 7.E.3 The Region accepts that all the currently licensed pits and quarries within the Niagara Region may continue within the limits of the land areas presently licensed, and subject to continuing satisfactory operating and rehabilitation procedures. (Licensed pits and quarries are shown approximately on the accompanying map, "Mineral Resources".) The Region will consider new pits and quarries or the expansion of existing pits and quarries within either the "possible aggregate areas" which are shown in a general way on the Mineral Resources map, or elsewhere in the Region. In addition, within the Niagara Escarpment Plan area any proposed new pit or quarry shall conform with the Niagara Escarpment Plan policies. Other uses within possible aggregate areas will be restricted, insofar as possible, to existing uses plus agricultural, open space, and forestry uses which do not involve significant new building. The intent is to limit the establishment of uses or activities whose presence would either prevent or conflict with the possible development of a pit or quarry extraction operation. In addition, within the Niagara Escarpment Plan area, land uses are restricted to uses that are permitted in the Niagara Escarpment Plan policies. 70

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90 SECTION SEVEN ENVIRONMENTAL Policy 7.E.4 Only those uses permitted under Section 6.A, Policies for Agriculture, and Niagara Escarpment Plan policies within the Niagara Escarpment Plan area, should be considered for areas adjacent to either licensed pits and quarries or possible aggregate areas which are outside the urban areas boundaries of local municipalities as shown in this Plan. Also, in areas adjacent to or in known deposits of mineral aggregate resources, development and activities which would preclude or hinder the establishment of new operations or the expansion of existing operations or access to the resources shall only be permitted if: (a) Resource use would not be feasible; or (b) The proposed land use or development serves a greater long-term public interest; and (c) Issues of public health, public safety and environmental impact are addressed. Policy 7.E.5 Applications for licenses to open new pits or quarries and applications for changes to or expansions of existing licensed pits or quarries will be considered in relationship to the Niagara Escarpment Plan policies within the Niagara Escarpment Plan area and to the following conditions: (a) (b) (c) (d) (e) compliance with the provisions of other policies in this Plan including Policies 7.B.1.31 to 7.B.1.34 inclusive in Section 7 of this Plan.; compatibility with surrounding land uses; the impact on the natural environment including surface watercourses and groundwater; the proposed manner of operation, site plan, and rehabilitation; the proposed haulage roads and the possible effect on the roads concerned and on adjacent development. 74

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92 SECTION SEVEN ENVIRONMENTAL 7.E.5.1 Notwithstanding any provisions in the Section 7.E to the contrary: (a) (b) No new mineral aggregate operations, wayside pits and quarries or any ancillary or accessory use thereto will be permitted between Lake Ontario and the Niagara Escarpment Plan Area. A new mineral aggregate operation or wayside permit or the expansion to an existing operation may only be considered on primary and secondary selected sand and gravel resources on the Fonthill Kame, in the Town of Pelham, as identified by Aggregate Resource Inventory Paper #4 if the applicant demonstrates that: i. Substantially the same land area will be rehabilitated back to an agricultural condition which allows for the same range and productivity of tender fruit or grape crops common in the area; and ii. The micro climate on which the site and the surrounding area may be dependent for tender fruit and grape crop production will be maintained. (c) A new mineral aggregate operation or the expansion of an existing operation shall only be permitted in Unique Agricultural Areas not identified under clauses (a) and (b) above where the applicant demonstrates the following: i. The physical characteristics of the proposed site allow for the rehabilitation of the property back to an agricultural condition, which allows for the same range and productivity of tender fruit and grape crops common in the area, and allow for the microclimate on which the site and surrounding area may be dependent for grape and tender fruit production to be maintained; or ii. If the physical characteristics of the proposed site will not allow for the rehabilitation of the property back to an agricultural condition, which allows for the same range and productivity of tender fruit and grape crops common in the area, and will not allow for the micro climate on which the site and the surrounding area may be dependent for tender fruit and/or grape production to be maintained, the applicant shall consider alternative locations; and iii. Where other alternatives have been considered by the applicant and found unsuitable, and in situations where complete agricultural rehabilitation to the same level of tender fruit and grape production is not possible due to the depth of planned extraction or a substantial aggregate deposit below the water table warranting extraction, agricultural rehabilitation in the remaining licensed area will be maximized as a first priority to allow production of tender fruit and grape crops. Policy 7.E.6 The Region desires full consultation among the Ministry of Natural Resources, the Region, the area municipalities and pit and quarry 76

93 SECTION SEVEN ENVIRONMENTAL applicants before the licenses are issued or changed, to ensure that proposed new or expanded pit and quarry operations are found to be on satisfactory sites and that the rehabilitation plans are found suitable. Policies of local official plans and comments by area municipalities will be taken into account. In addition, within the Niagara Escarpment Plan area any pit and quarry application shall conform with the Niagara Escarpment Plan policies. Policy 7.E.7 Policy 7.E.8 Policy 7.E.9 Policy 7.E.10 Policy 7.E.11 Policy 7.E.12 Policy 7.E.13 Policy 7.E.14 The Region encourages progressive rehabilitation of operating pits and quarries, that is, the simultaneous stripping, extraction, and rehabilitation of licensed areas. The rehabilitation of the pit or quarry should be compatible with the surrounding land uses. In the case of adjacent pit or quarry operations, the Region will, wherever practical, encourage the removal of all economically viable material between the pits, and encourage continuous and harmonious rehabilitation. Where two extractive operations are separated by a Regional road, the feasibility of allowing the producers to temporarily re-route and then replace the road at a lower elevation will be considered to enable operators to remove viable material between the operations. Wayside pits and quarries which are to be operated by a public authority or under agreement by an agent of a public authority for public road purposes may be permitted temporarily in all parts of the Region except in environmentally sensitive areas as shown in this Plan. In addition, within the Niagara Escarpment Plan area any wayside pit and quarry application shall conform with the Niagara Escarpment Plan policies. Such public authority should inform the area municipality and the Region of its intentions and respond to any comments made before the opening of a wayside pit or quarry. All pits and quarries and wayside pits and quarries are subject to the Pits and Quarries Control Act, 1971, and Regulations as amended. The Region will request area municipalities to establish land-use designations and by-laws for pits and quarries to conform with the policies and maps in this Plan. Where a new pit or quarry or an extension to an existing licensed pit or quarry are to be located outside a possible aggregate area, an amendment to this Plan is required. All the lands shown on the Mineral Resources map as Possible Aggregate Area, located south of Mountain Road and west of the Trans Canada Pipeline in the City of Niagara Falls, shall be rehabilitated in a progressive and sequential manner for agricultural use following licensing and extraction. Any rehabilitation for uses other than agriculture shall require an Amendment to the Regional Niagara Policy 77

94 SECTION SEVEN ENVIRONMENTAL Plan. (The reference to Mountain Road refers to the road alignment as it existed prior to the fall of 2001.) Policy 7.E.14.1 Notwithstanding the provisions of Section 6 Agriculture and Rural Areas and above Policy 7.E.14 Environmental: Mineral Resources in the Regional Niagara Policy Plan, a landfill and ancillary facilities for the disposal of non-hazardous solid waste is permitted in accordance with approvals under the Environmental Assessment Act and Environmental Protection Act, on an hectare property (53.9 hectare landfill footprint limit) generally located north of Thorold Stone Road, west of Taylor Road, south of former Mountain Road and east of Thorold Townline Road in the City of Niagara Falls (Township lots 31, 49, 50 and 66 in former Township of Stamford). The after use of the property following land filling, if other than agriculture, will require an amendment to this Plan. Peat Extraction Policy 7.E.15 The Region requests the Province to enact enabling legislation to include peat extraction as mineral extraction under the Pits and Quarries Control Act. 7.F Historic Sites and Buildings Objectives for Historic Sites and Buildings Objective 7.F.1 To preserve buildings, communities and other sites of significant historic and architectural interest. Policies for Historic Sites and Buildings Policy 7.F.1 Policy 7.F.2 The Region will encourage local municipalities to take advantage of the provisions of The Ontario Heritage Act regarding the designation and protection of historic and architecturally significant buildings and sites. The Region, in co-operation with other levels of government and concerned private groups, will identify, inventory and evaluate sites and buildings of major historic and architectural significance. The Region, in consultation with Provincial and Federal personnel, will establish a sub-committee to assist in the identification and evaluation of sites and buildings of historic and architectural significance. Policy 7.F.3 Policy 7.F.4 The Region will carefully review development proposals which might impair the historic or architectural character of sites and buildings evaluated as being of significant interest. Each area municipality should provide policies in its official plan for the protection of sites and buildings which have historical or architectural significance. There should be provision for the area municipality to delay the demolition or extensive alteration of significant sites or 78

95 SECTION SEVEN ENVIRONMENTAL buildings for a specific period to allow time for negotiations or public purchase. Policy 7.F.5 The public works and projects of all levels of government should wherever possible be in harmony with the character of historic and architecturally significant buildings and communities. 7.G Forest Resources Regional forest resources have economic significance. However, the associated aspects of environmental protection, wildlife, recreation and soil and water conservation are at least of equal importance. In assessing the value of forest resource protection policies, therefore, it is necessary to consider not only the economics of the forest industry but also the intangible environmental benefits that a forest provides. Objectives for Forest Resources Objective 7.G.1 To maintain a productive forest within the Region for its social, economic, recreational and environmental values. Policies for Forest Resources Policy 7.G.1 Policy 7.G.2 Policy 7.G.3 Policy 7.G.4 Policy 7.G.5 Policy 7.G.6 Policy 7.G.7 Policy 7.G.8 The Region will co-operate with the Ministry of Natural Resources in its efforts to expand the forested area of the Region and to promote a full utilization of the forestry resources. The Region will encourage forest protection in environmentally sensitive areas and hazard lands and throughout the Region generally. The Region will encourage agreements in rural areas on marginal or abandoned farmland primarily above the Niagara Escarpment to enhance forest value through stand improvements and reforestation pursuant to The Woodlot Improvement Act. Property owners will be encouraged to qualify for and use the tax reduction and other benefits associated with the protection and management of wooded properties. In considering development in rural areas, the Region will attempt to retain wherever possible existing trees in order to maintain visual relief, to conserve natural resources and to protect viable woodlots. The Region in co-operation with the Ministry of Natural Resources will pursue action necessary under The Trees Act to rectify misuses of forest resources and poor forestry practices. Where aggregate extraction occurs, and agriculture is not deemed to be a realistic alternate after-use, reforestation should be encouraged. Within certain environmentally sensitive areas where timber harvesting is taking place, the Region in co-operation with the Ministry of Natural 79

96 SECTION SEVEN ENVIRONMENTAL Resources and any other appropriate agencies will approve where necessary a forest management plan to maintain a single valuable specimen of flora or fauna, to retain or increase plant and animal species diversity and to retain a desired flora or fauna community in perpetuity. 7.H Niagara Escarpment Plan Except as otherwise stated the policies of the Regional Policy Plan apply to the Niagara Escarpment Plan area. Part 1 Land Use Policies 7.H.1.1 Interpretation of Boundaries The outer boundary of the area covered by the Niagara Escarpment Plan is fixed and inflexible, and can be changed only by a Plan amendment. Amendments to Section 7.H must conform with the Niagara Escarpment Plan otherwise, Niagara Escarpment Plan amendments or Minister's modifications would be necessary. This boundary is formed by a combination of such features as roads, railways, electrical transmission lines, municipal and property boundaries, lot lines, rivers and topographic features. The internal boundaries between designations within the Plan, however, are less definite except where they are formed by such facilities as roads, railways, and electrical transmission lines. These internal boundaries, shown at a scale of 1:50,000, are not intended to be site specific and should not be used for accurate measurement. The exact delineation of designation boundaries on specific sites will be done by the implementing body through the application of the designation criteria (see Part 1) utilizing the most detailed or up-to-date information available and site inspections. Such designation boundary interpretations will not require amendments to the Niagara Escarpment Plan. 7.H.1.2 Land Use Designations The area of the Niagara Escarpment Plan has been allocated among the following six land-use designations in Niagara: Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area Minor Urban Centre Urban Centre Mineral Resource Extraction Area The land-use designations are shown on Niagara Escarpment Plan Map 1 which is part of the Niagara Escarpment Plan. A smaller scale replica will be Note: The following policies in Section 7.H may not reflect the most recent revisions to the Niagara Escarpment Plan approved by cabinet on June 17, Please refer to the new Niagara Escarpment Plan. 80

97 SECTION SEVEN ENVIRONMENTAL included in Section 7.H for quick reference. Any interpretations of land use designations should refer to Map 1 in the Niagara Escarpment Plan. This part of the document explains the policies associated with each of these designations and the way in which land may be used throughout the area of the Niagara Escarpment Plan. 7.H.1.3 Escarpment Natural Area Objectives Escarpment features and associated stream valleys, wetlands and forests which are relatively undisturbed are included in this designation. These contain important plant and animal habitats and geological features and are the most significant natural and scenic areas of the Escarpment. The policy aims to maintain these natural features. 1. To maintain the most natural Escarpment features, stream valleys, wetlands and related significant natural areas. 2. To encourage compatible recreation and conservation activities. 3. To maintain and enhance the landscape quality of Escarpment features. Criteria for Designation Permitted Uses 1. The least disturbed Escarpment slopes and related landforms associated with the underlying bedrock. 2. Where forest lands abut the Escarpment, the designation extends 300 metres (1,000 feet) back from the brow of the Escarpment slope. 3. The most significant Areas of Natural and Scientific Interest (Life Science). 4. The most significant stream valleys and wetlands associated with the Escarpment. Subject to Part 2, Development Criteria and the Regional Policy Plan, the following uses may be permitted: 1. Existing agricultural operations. 2. Existing uses. 3. Single-family dwellings. 4. Non-intensive recreation uses such as nature viewing and trail activities except the use of trail bikes and all-terrain vehicles. 5. Forest, wildlife and fisheries management. 6. Archaeological activities. 7. Essential transportation and utility facilities. 81

98 SECTION SEVEN ENVIRONMENTAL 8. Accessory buildings, structures and facilities (e.g. a garage or farm pond) and site modifications required to accommodate them. 9. Incidental uses (e.g. swimming pools, tennis courts) and site modifications to accommodate them, provided that the impact on the natural environment is minimal. 10. Uses permitted in approved Park Plans. 11. Home occupations and cottage industries. 12. Essential watershed management and flood and erosion control projects carried out or supervised by a public authority. 13. Limited expansion of the existing small sandstone quarries subject to Part New Lots New lots may be created subject to the provisions of this section, and subject also to the applicable policies of Part 2, Development Criteria, and other specified policies of the Regional Policy Plan and local official plans. 1. New lots may be created for the purpose of correcting conveyances, enlarging existing lots or through acquisition by a public body. 2. Severances may be permitted to recreate original lots along original township lot lines and to create 40 hectare (100 acre) lots along half-lot lines where the original township lot is 80 hectares (200 acres). 3. A farmer who has been farming a substantial number of years and is retiring from active working life may be permitted to sever one lot from the farm holdings on which to build a house for retirement. In addition to Part 1.3, Escarpment Natural Area, and the development criteria of the Niagara Escarpment Plan, the following policies apply to the Escarpment Natural Area designation for the referenced areas of the Regional Policy Plan: 1. In determining whether or not the proposed development adversely affects the natural environment, the Region may require a study submitted by the applicant and carried out by a qualified environmental specialist which identifies and describes the natural environment that will be affected (plant and animal species, natural systems involved, groundwater table, etc.), the effects on the environment that may be caused by the development and actions necessary to remedy or prevent these effects. Included as well should be an evaluation of the advantages and disadvantages to the area of the undertaking or development and the alternatives to the undertaking or development. 2. Uses which could detract from and damage Escarpment Natural Area will not be permitted on or adjacent to these areas. 3. Transportation and utility facilities preferably should not be located in this area. The Niagara Escarpment Plan development criteria apply to such projects. In addition, the advantages of such 82

99 SECTION SEVEN ENVIRONMENTAL projects are to be demonstrated to outweigh the disadvantages. This weighing of advantages versus disadvantages requires evaluation of: (a) (b) (c) (d) the value and sensitivity of the particular site; the expected impact of the proposed project on the natural environment; the need for and benefits of the proposed project; and the advantages and disadvantages of alternative locations for the proposed project. 4. Policies 6.B.5 and 8.B.6 apply to the provision of municipal sewers and water supply in addition to the development criteria. 7.H.1.4 Escarpment Protection Area Objectives Escarpment Protection Areas are important because of their visual prominence and their environmental significance. They are often more visually prominent than Escarpment Natural Areas. Included in this designation are Escarpment features that have been significantly modified by land use activities such as agriculture or residential development, land needed to buffer prominent Escarpment Natural Areas, and natural areas of regional significance. The policy aims to maintain the remaining natural features and the open, rural landscape character of the Escarpment and lands in its vicinity. 1. To maintain and enhance the open landscape character of Escarpment features. 2. To provide a buffer to prominent Escarpment features. 3. To maintain natural areas of regional significance. 4. To encourage agriculture, forestry and recreation. Criteria For Designation 1. Escarpment slopes and related landforms where existing land uses have significantly altered the natural environment (e.g. agricultural lands or residential development). 2. Areas in close proximity to Escarpment slopes which visually are part of the landscape unit. 3. Regionally Significant Areas of Natural and Scientific Interest (Life Science). 83

100 SECTION SEVEN ENVIRONMENTAL Permitted Uses New Lots Subject to Part 2, Development Criteria and the Regional Policy Plan, the following uses may be permitted: 1. Agricultural operations. 2. Existing uses. 3. Single-family dwellings. 4. Dwelling(s) accessory to an agricultural operation. 5. Recreational uses such as golf courses, picnic sites, day-use sites, unserviced camp sites and trail uses oriented towards the land rather than requiring the building of major structures. 6. Forest, wildlife and fisheries management. 7. Archaeological activities. 8. Transportation and utility facilities. 9. Accessory buildings, structures and facilities (e.g. a garage or farm pond) and site modifications required to accommodate them. 10. Incidental uses (e.g. swimming pools, tennis courts and ponds) and site modifications to accommodate them, provided that the impact on the natural environment is minimal. 11. Small scale institutional uses. 12. Uses permitted in approved Park Plans. 13. Home occupations, cottage industries and home industries. 14. Veterinary clinics. 15. Animal kennels in conjunction with a single-family dwelling. 16. Watershed management and flood and erosion control projects carried out or supervised by a public agency. 17. Wayside pits or wayside quarries for municipal road construction purposes subject to The Pits and Quarries Control Act and Part New lots may be created subject to the provisions of this section, and subject also to the applicable policies of Part 2, Development Criteria, and other specified policies of Regional Policy Plan and local official plans. 1. New lots may be created for the purpose of correcting conveyances, enlarging existing lots, through acquisition by a public body, and for agricultural operations provided both the severed and remnant parcels are of sufficient size to remain useful for agricultural purposes as outlined in the Foodland Guidelines. 2. Severances may be permitted to recreate original lots along township lot survey lines and to create 40 hectare (100 acre) lots along half-lot lines where the original township lot is 80 hectares (200 acres). 84

101 SECTION SEVEN ENVIRONMENTAL 3. Where no lots have ever been severed in the past, and where lots to be created are not in conflict with the Foodland Guidelines, one new lot may be severed for a permitted use per original township lot (generally 40 hectares) or half-lot where the original township lot is 80 hectares. The creation or acquisition of a lot by a public body (e.g. for a road deviation) will not be considered as a previous severance providing this does not result in a remnant severance. 4. In addition, a farmer who has been farming a substantial number of years and is retiring from active working life may be permitted to sever one lot from the farm holdings on which to build a house for retirement. Notwithstanding Part 1.4 Escarpment Protection Area, of the Niagara Escarpment Plan, the following policies apply to the Escarpment Protection Area designation for the referenced areas of the Regional Policy Plan. 1. The good tender fruit and grape areas, (unique agricultural areas), and the good general agricultural areas will be preserved for agriculture. 2. In the unique and good general agricultural areas, uses, other than agricultural uses and plant and wildlife conservation, that are permitted in the Escarpment Protection Area designation are subject to the requirements of Policy 6.A.6 in addition to the development criteria. 3. In the unique and good general agricultural areas, consents to convey may be permitted only in accordance with Policy 6.A.9(a)(b)(c)(d)(e)(f), 6.A.9.1, 6.A.10, and 6.A.11, Part 1.4 of the Niagara Escarpment Plan and the development criteria. 4. Additional permanent or portable farm-related dwellings are permitted in accordance with Policy 6.A.12 and the development criteria. 5. Transportation and utility facilities preferably should not be located in unique and good general agricultural areas. If such cannot reasonably be located outside of these areas, they should be located so as to minimize the effects on surrounding unique and good general agricultural lands, viable farm operations and natural farm drainage and satisfy the development criteria. 6. In the unique and good general agricultural areas, new dwellings are subject to Policy 6.A.16 and 6.A.17 in addition to the development criteria. 85

102 SECTION SEVEN ENVIRONMENTAL 7. Where the Policy Plan's rural areas coincide with Escarpment Protection Area any non-agricultural development permitted is subject to Policy 6.B.2 in addition to the development criteria. 8. In the unique, good general agricultural and rural areas, the provision of municipal sewers or water supply is subject to Policy 6.B.5 and 8.B.6 in addition to the development criteria. 9. Only the uses permitted in the unique and good general agricultural areas should be considered adjacent to licensed or adjacent to or in possible aggregate areas. 10. An amendment to the Regional Policy Plan and the Niagara Escarpment Plan is required for a new pit or quarry or for an extension to an existing licensed pit or quarry or for a new or expanded possible aggregate area. 7.H.1.5 Escarpment Rural Area Escarpment Rural Areas are an essential component of the Escarpment corridor, including portions of the Escarpment and lands in its vicinity. They provide a buffer to the more ecologically sensitive areas of the Escarpment. Objectives Criteria For Designation 1. To maintain scenic values of lands in the vicinity of the Escarpment. 2. To maintain the open landscape character. 3. To encourage agriculture and forestry and to provide for low-density rural land uses. 4. To provide a buffer for the more ecologically sensitive areas of the Escarpment. 5. To provide for the designation of new Mineral Resource Extraction Areas which can be accommodated by an amendment to the Niagara Escarpment Plan. 1. Minor Escarpment slopes and landforms. 2. Lands in the vicinity of the Escarpment necessary to provide an open landscape, and/or of ecological importance to the environment of the Escarpment. Permitted Uses 86

103 SECTION SEVEN ENVIRONMENTAL Subject to Part 2, Development Criteria and the Regional Policy Plan, the following uses may be permitted: 1. Agricultural operations. 2. Existing uses. 3. Single-family dwellings. 4. Dwelling(s) accessory to an agricultural operation. 5. Recreational uses such as campgrounds, golf courses, country clubs, and trail uses provided that any detrimental impact of these uses on the Escarpment scenic qualities and natural environment is kept to a minimum. 6. Forest, wildlife and fisheries management. 7. Archaeological activities. 8. Transportation and utility facilities. 9. Accessory buildings, structures and facilities (e.g. a garage or farm pond) and site modifications required to accommodate them. 10. Incidental uses (e.g. swimming pools, tennis courts and ponds) and site modifications to accommodate them, provided that the impact on the natural environment is minimal. 11. Small scale institutional uses. 12. Uses permitted in approved Park Plans. 13. Home occupations, cottage industries and home industries. 14. Veterinary clinics. 15. Animal kennels in conjunction with a single-family dwelling. 16. Small-scale commercial and industrial development servicing agriculture and the rural community. 17. Watershed management and flood and erosion control projects carried out or supervised by a public agency. 18. New licensed pits or quarries producing less than 20,000 tonnes (22,000 tons) annually subject to Part New licensed pits or quarries producing more than 20,000 tonnes (22,000 tons) annually subject to Part 1.9 (requiring an amendment to the Niagara Escarpment Plan), and Part Wayside pits or wayside quarries subject to The Pits and Quarries Control Act, the Ministry of Transportation and Communications Wayside Pits and Quarries Criteria, and Part New Lots New lots may be created subject to the provisions of this section, and subject also to the applicable policies of Part 2, Development Criteria, and other specified policies of the Regional Policy Plan and local official plans. 1. New lots may be created for the purpose of correcting conveyances, enlarging existing lots, through acquisition by a public body, and for agricultural operations provided both the severed and remnant parcels are of sufficient size to remain useful for agricultural purposes as outlined in the Foodland Guidelines. 87

104 SECTION SEVEN ENVIRONMENTAL 2. Severances may be permitted to recreate original lots along township lot survey lines and to create 40 hectare lots along half-lot lines where the original township lot is 80 hectares (200 acres). 3. Where no lots have ever been severed in the past, and where lots to be created are not in conflict with the Foodland Guidelines, two new lots may be severed for permitted uses per original township lot (generally 40 hectares) or half-lot where the original township lot is 80 hectares (200 acres). The creation or acquisition of a lot by a public body (e.g. for a road deviation) will not be considered as a previous severance provided this does not result in a remnant severance. 4. In addition, a farmer who has been farming a substantial number of years and is retiring from active working life may be permitted to sever one lot from the farm holdings on which to build a house for retirement. 5. Where the creation of lots does not conflict with the Foodland Guidelines, new lots may be created by low density rural plans of subdivision, condominium or other compatible forms of ownership. Notwithstanding Part 1.5, Escarpment Rural Area, of the Niagara Escarpment Plan, the following policies apply to the Escarpment Rural Area designation for the referenced areas of the Regional Policy Plan: 1. The Good Tender Fruit and Grape Areas, (Unique Agricultural Areas) and the Good General Agricultural Areas will be preserved for agriculture. 2. In the Unique and Good General Agricultural Areas, uses, other than agricultural uses and plant and wildlife conservation, that are permitted in the Escarpment Rural Area designation are subject to the requirements of Policy 6.A.6 in addition to the development criteria. 3. In the Unique Agricultural Areas, consents to convey may be permitted only in accordance with Policy 6.A.9(a)(b)(c)(d)(e)(f), 6.A.10, and 6.A.11, Part 1.5 of the Niagara Escarpment Plan and the development criteria. 4. In the Good General Agricultural Areas consents to convey may be permitted only in accordance with section 6.A.9(a)(b)(c)(d)(e)(f), 6.A.9.1, 6.A.10, 6.A.11, Part 1.5 of the Niagara Escarpment Plan and the development criteria. 5. In the Policy Plan's Rural Areas consents to convey may be permitted only in accordance with Part 1.5 of the Niagara Escarpment Plan and the development criteria and Policies 6.A.16, 6.A.17, and 6.B.9 and 6.B

105 SECTION SEVEN ENVIRONMENTAL 6. Additional permit or portable farm-related dwellings are permitted in accordance with Policy 6.A.12 and the development criteria. 7. Transportation and utility facilities preferably should not be located in Unique and Good General Agricultural Areas. If such cannot reasonably be located outside of these areas, they should be located so as to minimize the effects on surrounding Unique and Good General Agricultural lands, viable farm operations and natural farm drainage and satisfy the development criteria. 8. In the Unique and Good General Agricultural Areas new dwellings are subject to Policy 6.A.16 and 6.A.17 in addition to the development criteria. 9. In the Policy Plan's Rural Areas, non-agriculture development may be permitted only in accordance with Part 1.5 of the Niagara Escarpment Plan and the development criteria and Policy 6.B In the Unique, Good General Agricultural and rural areas, the provision of municipal sewers or water supply is subject to Policy 6.B.5 and 8.B.6 in addition to the development criteria. 11. Only the uses permitted in the Unique and Good General Agricultural Areas should be considered adjacent to licensed or adjacent to or in possible Aggregate Areas. 12. An amendment to the Policy Plan is required for a new pit or quarry or for an extension to an existing licensed pit or quarry or for a new or extended possible aggregate area. 7.H.1.6 Minor Urban Centre Objectives This land use designation identifies those rural settlements, villages and hamlets that are distributed throughout the Niagara Escarpment Plan area. 1. To provide concentration points for development in rural areas. 2. To maintain the rural heritage of these settlement areas. 3. To generally direct growth of villages, hamlets, and settlement areas away from Escarpment Natural Areas and Escarpment Protection Areas into Escarpment Rural Areas in a logical manner with the least possible environmental and agricultural disruption. 4. To ensure that any growth will be in accordance with a municipal official plan and/or secondary plan which is not in conflict with the Niagara Escarpment Plan. 89

106 SECTION SEVEN ENVIRONMENTAL Criteria For Designation Boundaries Permitted Uses and New Lots Development Objectives The Minor Urban Centre designation includes Queenston and St. Davids which are shown in the Regional Policy Plan and designated in the local official plans. Changes to the identified Minor Urban Centres and the designations on Niagara Escarpment Map 1 do not require amendments to the Niagara Escarpment Plan. The Minor Urban Centre designation is shown by symbols on Niagara Escarpment Map 1. Boundaries establishing the growth area will be clearly defined by the local municipality in an official plan and/or secondary plan which is not in conflict with the Objectives and Development Objectives of this designation. The range of permitted uses and the creation of new lots will be subject to the following Development Objectives and Part 2, Development Criteria as well as policies of the Regional Policy Plan, local official plans, and local zoning by-laws that are not in conflict with the Niagara Escarpment Plan policies. 1. Growth generally should not extend into Escarpment Natural Areas or Escarpment Protection Areas. 2. Growth should be limited to minimize land-use conflicts (e.g. with agriculture) and, where appropriate, incorporate adequate screening and/or setbacks to reduce visual impact on the Escarpment landscape. 3. Growth should be minor only, relative to the size and capacity of the settlement to absorb new growth, so that the rural heritage of the community is maintained. 4. Growth generally should take place as a logical extension of existing development in the form of planned groups rather than linear or scattered development. Expansion in depth rather than extension along existing roads is preferred. 5. Development proposals should be compatible with and provide for the protection or restoration of historic features or areas, archaeological sites and structures of architectural significance in accordance with Part Growth should be compatible with and provide for the protection of unique ecologic areas, wildlife habitats, streams and water 90

107 SECTION SEVEN ENVIRONMENTAL supplies and other environmentally sensitive areas, both inside and adjacent to the Minor Urban Centres. 7.H.1.7 Urban Area This designation identifies urban areas in which the Niagara Escarpment and closely related lands are located. In some areas the Escarpment is still largely undeveloped although surrounded by existing development. In other areas, urban growth already has encroached substantially on the Escarpment. Objective Criteria For Designation Boundaries To minimize the impact and further encroachment of urban growth on the Escarpment environment. Urban development and committed urban areas on or adjacent to the Escarpment as provided for in local municipal official plans and/or secondary plans. Urban Area designations are found within the following municipalities: City of St. Catharines Town of Grimsby Permitted Uses and New Lots Development Objectives The boundaries of the Urban Area designation generally reflect those areas within a municipality identified for urban development in municipal official plans and/or secondary plans. Annexation of land by a municipality does not require an amendment to the Niagara Escarpment Plan. However, any change to the designations of the Niagara Escarpment Plan requires a Niagara Escarpment Plan amendment. The range of permitted uses and the creation of new lots will be subject to the following Development Objectives and Part 2, Development Criteria, as well as policies of the Regional Policy Plan and local official plans and local zoning by-laws that are not in conflict with the Niagara Escarpment Plan policies. 1. All development should be of an urban design compatible with the visual and natural environment of the Escarpment. Where appropriate, provision for adequate setbacks and screening 91

108 SECTION SEVEN ENVIRONMENTAL should be required to minimize the visual impact of urban development on the Escarpment landscape. 2. New lots should not be created to include the Escarpment Natural or Escarpment Protection Area designation, except where such lot creation is for the purpose of correcting conveyances, enlarging existing lots or through acquisition by a public body, or where there is insufficient area in the Urban designation to accommodate the proposed development. 3. Adequate public access to the Escarpment should be provided by such means as parking areas, walkways or pedestrian trails (e.g. Bruce Trail). 4. Development proposals should be compatible with and provide for the protection or restoration of historic features or areas, archaeological sites and structures of architectural significance in accordance with Part Growth should be compatible with and provide for the protection of unique ecological areas, wildlife habitats, streams and water supplies and other environmentally sensitive areas both inside and adjacent to Urban Areas. 7.H.1.8 Mineral Resource Extraction Area The Mineral Resource Extraction Area designation includes pits and quarries licensed pursuant to The Pits and Quarries Control Act and areas where mineral resource extraction may be permitted subject to the policies of this Plan. Objectives 1. To designate licensed Mineral Resource Extraction Areas. Criteria For Designation 2. To minimize the impact of mineral extraction operations on the Escarpment environment. 3. To provide for areas where new pits and quarries may be established. Existing licensed areas. Permitted Uses Subject to Part 2, Development Criteria and the Regional Policy Plan, the following uses may be permitted: 1. Agricultural operations 92

109 SECTION SEVEN ENVIRONMENTAL 2. Existing uses 3. Mineral extraction operations licensed pursuant to The Pits and Quarries Control Act. 4. Forest, fisheries and wildlife management. 5. Archaeological activities. 6. Recreational uses (such as trail activities and golf courses) which are oriented to the land rather than the building of major structures. 7. Essential utility and transportation facilities. 8. Watershed management and flood and erosion control projects carried out or supervised by a public agency. 9. Accessory buildings and facilities normally associated with the mineral extraction operation, such as offices or crushing and washing facilities but excluding asphalt plants. 10. Incidental uses and site modifications to accommodate them, provided that the impacts of such uses on the natural environment are minimal. 11. Uses permitted in approved Park Plans. After Uses Prior to a change of land use a mineral resource extraction area will require an amendment to the Niagara Escarpment Plan. The after use of the excavated area shall be compatible with, and have minimal impact upon, the surrounding uses and the objectives of the Niagara Escarpment Plan. New Mineral Resource Extraction Areas 1. New Mineral Resource Extraction Areas producing less than 20,000 tonnes annually in the Escarpment Rural Area to not require an amendment to the Niagara Escarpment Plan. However, an amendment to the Regional Policy Plan would be required. 2. New Mineral Resource Extraction Areas producing more than 20,000 tonnes annually which are designated in the Escarpment Rural Area require an amendment to the Niagara Escarpment Plan. Such an amendment will be to effect the change from Escarpment Rural Area to Mineral Resource Extraction Area. An amendment to the Regional Policy Plan will also be required. PART 2 Development Criteria 7.H.2.1 Introduction The development criteria are to be applied to all development within the Niagara Escarpment Plan area in conjunction with the other policies of the Plan and the Regional Policy Plan. These criteria deal with 93

110 SECTION SEVEN ENVIRONMENTAL development in a variety of situations, and, therefore, all criteria will not apply to every development. Where the development permit system as established pursuant to The Niagara Escarpment Planning and Development Act and its regulations as amended is in effect, the development criteria shall be used in the consideration of development permit applications. The development criteria will also be used as a basis for bringing local official plans and zoning by-laws into conformity with this Plan and in the administration of site-plan control approvals. 7.H.2.2 General Development Criteria The objective is to permit reasonable enjoyment by the owners of all lots that can sustain development. 1. Permitted uses may be allowed provided that: (a) The long-term capacity of the site can support the use without a substantial negative impact on Escarpment environmental features such as water quality, natural vegetation, soil, wildlife, population and visual attractiveness. (b) The cumulative impact of development will not have serious detrimental effects on the Escarpment environment (e.g. water quality, vegetation, soil, wildlife, and landscape). (c) The site is not considered hazardous to life or property due to unstable soil conditions or possible flooding. (d) Development meets applicable federal, provincial and municipal requirements including health and servicing requirements. (e) Development satisfies the requirements of the Foodland Guidelines and the Mineral Aggregate Resource Planning Policy. (f) Development satisfies all other requirements and policies of the Regional Policy Plan. 2. Where a lot is located in more than one designation, development should be located on that portion of the lot located in the least restrictive designation. 3. Private sewage systems and water supplies associated with permitted uses require, where specified by statute, the approval of the Ministry of the Environment or its agent, the local Medical Officer of Health, or the authority having jurisdiction in these matters and must conform to the other policies in the Regional Policy Plan. 94

111 SECTION SEVEN ENVIRONMENTAL 4. Any development permitted should be designed and located in such a manner as to preserve the natural and visual characteristics of the area. 5. Where development involves new roads, road improvements or service corridors, their designation and alignment should be in harmony with the Escarpment landscape. 6. The design of subdivisions should be in harmony with and maintain the existing character of the Escarpment landscape. 7. Single family dwellings are limited to one per lot unless the residential use is accessory to agriculture in which case the criteria relating to agricultural uses may apply. 7.H.2.3 Existing Uses The objective is generally not to disrupt existing uses. 1. An existing use, building or structure may expand or change in use, or be replaced when it is sufficiently demonstrated that the objectives of the applicable designation of the Niagara Escarpment Plan area are met. 2. Where an existing use has a substantial ecological or visual impact, the property owner shall be encouraged to bring the use into closer conformity with the objectives of the applicable designation of the Niagara Escarpment Plan area (e.g. erect a fence around a wrecking yard or install manure facilities). 3. A building or structure may be rebuilt in the same location, of the same exterior size and use without a Niagara Escarpment Permit provided municipal requirements and the provisions of Regulation 685 as amended, are met. 7.H.2.4 Lot Creation The objective is to direct the formation of new lots to those locations that are the least environmentally sensitive. 1. Lot creation, including lots created within Urban Areas and minor Urban Centres, shall be subject to the requirements of the Regional Policy Plan and local official plans and bylaws and the criteria set out below. 2. New lots to meet residential needs should be created primarily in designated Urban Areas and Minor Urban Centres. 95

112 SECTION SEVEN ENVIRONMENTAL 3. New lots to provide recreational opportunities should be created primarily in designated Escarpment Recreation Areas and in some Minor Urban Centres. 4. Ribbon or strip development should be prevented. 5. The size and configuration of new lots shall be subject to the requirements of local official plans and bylaws and the objectives of the designation. 6. In Escarpment Rural Areas, new lots created by low-density rural plans of subdivision or condominium must satisfy the following criteria: (a) The location, design, size and density retain the open rural landscape and protect natural features. (b) The design is in harmony with the existing heritage features and heritage areas of the Escarpment landscape. 7. Prior to commenting upon a rural estate development, the implementing authority shall consider: (a) the number, distribution and density of vacant lots in the area; (b) the additional lots that may be created in conformity with the Plan; and (c) the consequences of the development of the lots with regard to the objectives of the designation. 8. The creation of new lots should comply with the requirements of the Foodland Guidelines. 9. Where a lot is proposed in more than one designation, the severance policy of the least restrictive Niagara Escarpment plan designation shall apply. There should be sufficient area in the least restrictive designation to accommodate the development. 10. New lots created by consent shall front onto a public road which is of a reasonable standard of construction and generally maintained all year round. 11. Public bodies and private persons are encouraged to consolidate existing vacant lots to establish new lots of such a size as to permit uses consistent with the objectives of the designation in which they are located. 7.H.2.5 New Development Affecting Steep Slopes and Ravines 96

113 SECTION SEVEN ENVIRONMENTAL The objective is to ensure that new development affecting steep slopes (e.g. Escarpment slopes, rock faces, and talus slopes) and ravines does not result in environmental damage or in unsafe conditions. 1. The crest or brow and toe of the slope or ravine shall be established by the means of a site inspection by the implementing authority and these lines will be plotted on proposed development plans. 2. The implementing authority will establish a minimum development setback from the brow or crest and toe of a slope or ravine and no disturbance of grades or vegetation below the crest or brow or above the toe shall occur. 3. Where the setback cannot be achieved on an existing lot of record on a steep slope, the setback may be varied or eliminated to the satisfaction of the implementing authority. 4. An engineering report shall be prepared by the applicant if the existing or future stability of the slope or ravine is in question. 5. The setback for all unstable slopes should be equal to a distance of twice the vertical depth of the ravine plus six metres (20 feet), measured from the toe of the slope, unless the application to build is supported by a professional engineer's report in support of a lesser distance. 6. Structures of any kind unless permitted by the policies of this plan should not be placed on slopes in excess of 25 per cent (1 in 4 slopes). 7. During development, a screen of appropriate fencing material (e.g. snow fencing should be established approximately three metres (10 feet) from the crest of the slope in order to prevent any dumping. 8. Development (e.g. ski facilities) should be designed in such a way as to minimize the disturbance and ensure the stability of Escarpment and ravine slopes. 7.H.2.6 New Development Affecting Water Resources The objective is to ensure that new development adjacent to streams, lakes and wetlands will have a minimum adverse effect on water quality and quantity. Water Quality 97

114 SECTION SEVEN ENVIRONMENTAL 1. Changes to the natural drainage should be avoided. 2. No sewage system should be allowed closer than 30 metres (approximately 100 feet) from: (a) the high water mark of any lake; (b) the top of a stream bank or ravine; or (c) the edge of any wetland. Where this setback cannot be achieved on an existing lot of record the distance may be varied to the satisfaction of the Regional Municipality of Niagara. 3. A setback for other development will be established from each side of a stream, river bed, lakeshore or wetland necessary to maintain existing water quality. The width of this buffer shall be determined by the implementing authority in consultation with the Ministry of the Environment, conservation authority and the Ministry of Natural Resources, which shall consider: (a) (b) (c) (d) soil type; types and amounts of vegetation cover; slope of the land; fish and wildlife. 4. No alteration of the natural grade or drainage shall occur within the setback where, in the opinion of the implementing authority, such action would adversely affect surface and/or ground water resources. 5. The cutting of trees within the setback is regulated by Part 2.8, Development Criteria. 6. Where in the opinion of the implementing authority a potential ground or surface water pollution problem exists, the applicant shall detail through appropriate studies, the detrimental effects and how they will be minimized. 7. During development, the following sediment and erosion control practices should be carried out: (a) Only the smallest practical area of land should be exposed at any time during the development. (b) When land is exposed during development the exposure should be kept to the shortest practical period of time. (c) Natural features such as tree groves, grades and waterways should be preserved. (d) Temporary vegetation and/or mulching should be used to protect critical areas exposed during development. 98

115 SECTION SEVEN ENVIRONMENTAL (e) Final landscaping and vegetation should be installed as soon as practical following completion of the development. (f) Topsoil should not be removed from the site, but rather, should be stored and redistributed as a suitable base for seeding and planting. (g) Sediment control devices should be installed to remove sediment from run-off due to changed soil surface conditions during and after construction. (h) Construction in or across a watercourse or wetland should be appropriately timed to minimize impacts on fish and wildlife habitat. Flood Plains 8. No building or structure shall be permitted in identified flood plains except where the building or structure has been approved by the municipal council, the conservation authority and/or the Ministry of Natural Resources in accordance with established flood plain management and development criteria. 9. Watershed management and flood and erosion control projects shall be carried out in accordance with the standards, policies or guidelines of the Ministry of Natural Resources and/or conservation authority. 10. Where possible, such projects should be designed and located to avoid or minimize the impact on wetlands, wildlife habitat, source areas, streams, steep slopes and other areas of visual and environmental significance. 11. Where possible, ponds should be designed as offstream devices with bottom draw-off control structures. 12. Water management and flood and erosion control projects should be designed so as not to adversely affect downstream water quality, quantity and adjacent lands. 13. When considering a new project the implementing authority shall consider the number, distribution and location of these works within the watershed in terms of their cumulative effect on the objectives of the applicable designation and watershed management policies/activities of the Ministry of the Environment and Energy, Ministry of Natural Resources and the conservation authority. Private Ponds 99

116 SECTION SEVEN ENVIRONMENTAL 14. Private ponds shall be constructed and maintained in accordance with the requirements of the Ministry of the Environment and Energy, Ministry of Natural Resources, conservation authority and/or Ministry of Agriculture, Food and Rural Affairs. Permits issued by the Ministry of Natural Resources pursuant to The Lakes and Rivers Improvement Act are required for ponds in association with watercourses. 15. Private ponds should be designed and located to avoid or minimize the impact on wetlands, fish and wildlife habitats, source areas, steep Escarpment slopes and other areas of visual and environmental significance. 16. Private ponds should be designed, wherever it is deemed to be necessary by the Ministry of the Environment, Ministry of Natural Resources, conservation authority or the Ministry of Agriculture, Food and Rural Affairs, as offstream devices with bottom draw-down control structures. 17. Ponds should be designed so as not to adversely affect downstream water quality, quantity and adjacent lands. 18. When considering an application for a new pond, the implementing authority shall consider the number, distribution and location of ponds within the watershed in terms of their cumulative effect on the objectives of the applicable designation and watershed management program of the Ministry of the Environment and Energy, Ministry of Natural Resources and the conservation authority. 7.H.2.7 New Development Within Wooded Areas The objective is to ensure that new development should preserve as much as possible of wooded areas. 1. Disturbance of treed areas should be minimized, and proposed developments in heavily treed areas shall have site plan agreements containing specific management details regarding the protection of existing trees. 2. Trees to be retained should be protected by means of snow fencing, wrapping, or other acceptable means during construction (e.g. tree wells). 3. Existing tree cover or other stabilizing vegetation will be maintained on slopes in excess of 25 per cent (1 in 4 slope). 7.H.2.8 Forest Management The objective is to maintain and enhance the forests and associated animal and plant habitats. 100

117 SECTION SEVEN ENVIRONMENTAL 1. All cutting of trees requires approval from the implementing authority with the following exceptions: (a) (b) The cutting or other destruction, removal or pruning of trees carried out under The Crown Timber Act, The Forestry Act, The Woodlands Act, The Municipal Act and The Conservation Authorities Act, or in accordance with programs recommended by forestry staff of the Ministry of Natural Resources. The cutting or other destruction, removal or pruning of trees for domestic purposes. (c) Where there are specialized tree crops, such as Christmas tree farms, nurseries, or orchards, where clear cutting or removal and replanting is a normal part of the operation. (d) Where trees create a hazard. (e) To facilitate approved permitted uses. 2. Approval to cut is conditional upon: (a) (b) (c) (d) Using tree-cutting methods designed to minimize adverse effects on the natural environment including surface drainage and groundwater. Minimizing disruption of habitats for plant and animal species occurring in the area. Retaining the diversity of tree species. Aiming over the long term to retain or enhance the quality, appearance and productivity of the forest site. (e) Minimum cutting within highly sensitive areas such as steep slopes, unstable soils and stream valleys, and areas of high ground water infiltration. 3. Notwithstanding 1. above, all public bodies shall submit details of tree-cutting plans to the Ministry of Natural Resources for approval before entering into any agreement involving the cutting of trees. 4. Reforestation using native tree species shall be encouraged by both provincial and municipal authorities, particularly in areas of shallow and unstable soils, steep slopes, stream valleys, headwaters and ground water infiltration areas critical to the maintenance of the quality and quantity of natural streams and water supplies; also, to restore open abandoned sub-marginal agricultural land to productivity by growing a forest crop. 101

118 SECTION SEVEN ENVIRONMENTAL 5. Any tree-cutting program should include natural regeneration or rehabilitation through reforestation where necessary. 6. Tree cutting in an Area of Natural Scientific Interest (Life Science) which is in public ownership will be permitted where it is necessary to maintain the values for which the area was acquired, for emergency access, where existing agreements are in effect or to implement uses permitted in approved Park Plans. 7.H.2.9 Agriculture The objective is to protect lands with a high agricultural capability. 1. Development and the creation of new lots, including provision for a new lot for a retiring bona fide farmer, should comply with the requirements of the Foodland Guidelines. 2. Additional dwelling(s) (including a mobile home) accessory to a farm operation, for a member of the farm family or for farm help engaged full-time on the farm may be permitted in accordance with the policies of the Regional Policy Plan. Such a dwelling should be located within the farm cluster and a separate lot shall not be created for it. 7.H.2.10 Mineral Resources The objective is to minimize the impact of new mineral extraction operations and accessory uses on the Escarpment environment. 1. Extractive operations including wayside pits and haul routes shall not conflict with the following criteria: (a) The protection of sensitive ecological, geological, historic and archaeological sites or areas. (b) (c) (d) (e) The protection of surface and groundwater sources. The maintenance of good agricultural land in accordance with the Foodland Guidelines. The minimization of the adverse impact of extractive and accessory operations on existing and approved residential development. The preservation of the natural and cultural landscapes as much as possible during extraction and after rehabilitation. 2. For quarries licensed prior to June 12, 1985, no extraction shall take place at any point nearer the brow of the Escarpment than 90 metres (300 feet) measured horizontally. For new quarry operations, no extraction shall take place at any point nearer the 102

119 SECTION SEVEN ENVIRONMENTAL brow of the Escarpment than 200 metres (600 feet) measured horizontally or any greater setback required by the implementing authority. 3. As a condition of the license the extractive operation shall be screened while it is in progress and, where possible, prior to extraction in a manner compatible with the surrounding environment. 4. Screening shall incorporate the following: (a) Overburden material supplemented with native tree and shrub plantings should be utilized for screening purposes. (b) Tree screen plantings are to be of compatible species and sizes to permit only very limited visual contact from the surrounding landscape. (c) All plantings should be properly maintained to ensure continued survival and good growth rates. 5. Wherever possible, rehabilitation shall be progressive as the extraction proceeds. Where it is not practical to rehabilitate immediately to the planned after use, interim rehabilitation shall occur. 6. Rehabilitation shall incorporate the following: (a) Excess topsoil and overburden are to be retained and stabilized for future rehabilitation. (b) All excavated pit walls are to be regraded to a slope of 3 to 1 or less except in regions where topsoil and fill materials are scarce. In such areas finished slopes may be no steeper than 2 to 1. Exposed sections of pit or quarry faces may be left unrehabilitated for aesthetic or educational purposes as incorporated into an approved after-use plan. (c) Vegetation, including seeding, crops or trees and shrubs, shall be planted as soon as possible following finished grading. 7. Proposed wayside pits and quarries shall also be subject to the following: (a) An application for a wayside permit shall be accompanied by a sketch map drawn to scale indicating property features, present pit areas, excavation faces, areas to be excavated and other areas to be used. 103

120 SECTION SEVEN ENVIRONMENTAL (b) (c) (d) (e) (f) (g) (h) An application for a wayside permit shall be accompanied by a rehabilitation statement or plan compatible with the proposed operation and land use in the area. The comments of affected municipalities will be solicited on applications for wayside permits for provincial road construction purposes. Wayside permits for municipal road construction purposes in the Escarpment Protection Area will be restricted to sites previously disturbed by extractive operations (e.g. previous wayside pits or quarries, and abandoned pits and quarries). The opportunity to use mineral aggregate resources which would not be otherwise commercially developed, including abandoned pits and quarries, shall be considered prior to issuing a wayside permit. A wayside permit expires on the completion of the project or contract or one year after its issuance, whichever occurs first. Application for renewal or a new permit for the completion of the project or contract will be considered. An estimated tonnage limit shall be determined based on the requirements of the project or contract and will be placed as a condition on the permit at the time of issuance. Terms and conditions related to the method of operation and rehabilitation shall also be placed on the permit at the time of issuance. 7.H.2.11 Heritage The objective is to maintain the heritage resources of the Niagara Escarpment Plan Area. 1. Care shall be taken to preserve known archaeological sites (especially native burial sites) or areas where such sites might reasonably be expected to exist. 2. Existing heritage features, areas and properties should be retained and reused. To determine whether such actions are feasible, consideration shall be given to both economic and social benefits and costs. 3. New development including reconstruction and alterations should be in harmony with the areas character and the existing heritage features and building(s) in general mass, height and setback and in the treatment of architectural details, especially on building facades. 104

121 SECTION SEVEN ENVIRONMENTAL 4. Where new development involves a heritage feature it should express the feature in some way. This may include one or more of the following: (a) preservation and display of fragments of the former buildings features and landscaping; (b) marking the traces of former locations, shapes and circulation lines; (c) displaying graphic verbal descriptions of a former use; (d) reflection of the former architecture and use in the new development. 5. Where development will destroy or significantly alter cultural landscapes or heritage features, actions should be taken to salvage information on the features being lost. Such actions could include archaeological salvage excavation, and the recording of buildings or structures through measured drawings or photogrammetry. 7.H.2.12 Recreation The objective is to minimize any adverse impact of recreational activities on the Escarpment environment. 1. All recreational activities should be designed and located so as not to conflict with surrounding land uses (e.g. agriculture) and be compatible with the natural and cultural character of the area. 2. Intensive recreational activity is intended to occur primarily in the designated Escarpment Recreation Areas and in the parks of the Niagara Escarpment Parks System established for this purpose. 3. Recreational uses should not exceed the carrying capacity of a site or area. 4. Trails will be located and designed so as not to adversely affect adjoining private landowners. 5. Motorized vehicle trails are encouraged to use abandoned pits or quarries, abandoned railway lines or unused township roads where disruption of the natural environment would be minimal. 6. Trails will be located and designed to avoid wherever possible steep slopes, wetlands, erosion prone soils, and ecologically sensitive areas such as deer wintering yards and significant plant and animal habitats and Areas of Natural and Scientific Interest. 105

122 SECTION SEVEN ENVIRONMENTAL 7. Where existing trails are in locations that cause environmental deterioration, relocations to a less critical location shall be encouraged. 8. Trail design, construction and management should ensure the safety of trail users. 7.H.2.13 Areas of Natural and Scientific Interest The objective is to maintain the scenic, scientific, educational and interpretive values of the most significant Areas of Natural and Scientific Interest. 1. Any development within Areas of Natural and Scientific Interest, as identified by the Ministry of Natural Resources, should be such that the scenic, scientific, educational or interpretive value of such areas is substantially maintained. 2. A setback for development should be established for Areas of Natural and Scientific Interest or features therein by the implementing authority in consultation with the Ministry of Natural Resources wherever it may be determined that such setback is necessary to protect the scenic, scientific, educational or interpretive value of such areas. 3. New development within Areas of Natural and Scientific Interest should be assessed in terms of its long-term impact on the site and/or features, and permitted where the site can support the use without substantial negative impacts on the scenic, scientific, educational or interpretive value of such areas or features. 7.H.2.14 Transportation and Utilities The objective is to design and locate new and expanded transportation and utility facilities so the least possible change occurs in the environment and the natural and cultural landscape. 1. All new constructed transportation and utility facilities shall be designed and located to minimize the impact on the Escarpment environment and be consistent with the objectives of this Plan. Examples of such site and design guidelines include the following: (a) Blasting, grading and tree removal should be minimized where possible through realignment and utilization of devices such as curbs and gutters, retaining walls and tree wells. (b) Finished slopes should be graded to a 2 to 1 slope minimum and planted; large cuts should be terraced to minimize surface erosion and slope failure. 106

123 SECTION SEVEN ENVIRONMENTAL (c) (d) Site rehabilitation should use native species of vegetation and blend into the surrounding landscape. Vegetation screens should be used where feasible. (e) Transportation and utility structures should be sited and designed to minimize visual impact. (f) (g) A development setback from the Escarpment brow for utility structures will be established by the implementing authority to minimize visual impacts. Transmission towers (e.g. microwave and television towers) should be located in areas where similar facilities exist provided the areas carrying capacity is not exceeded. (h) The visual impact of utility structures and service roads should be minimized by siting, structural design, colouration and landscape planting in order to minimize the impact on the Escarpment environment. 2. New transportation and utility facilities should avoid Escarpment Natural Areas. Niagara Escarpment Plan Definitions The following definitions have been compiled to assist the reader with the interpretation of the Niagara Escarpment Plan. Accessory Building or Structure: a detached building or structure that is not used for human habitation, the use of which is naturally and normally incidental to, or exclusively devoted to a principal use or building and located on the same lot. Aggregate: gravel, sand, clay, shale, stone, earth or other prescribed material defined in the Pits and Quarries Control Act. Agriculture Operation: the carrying out of an agricultural use. Agricultural Use: the land, building or structure used for the purpose of animal husbandry, horticulture, beekeeping, dairying, fallow, field crops, fruit farming, fur farming, market gardening, pasturage, poultry keeping, mushroom farming or any other farming use and may include growing, raising, small scale packing and storing of produce on the premises and other similar uses customarily carried out in the field of general agriculture. 107

124 SECTION SEVEN ENVIRONMENTAL Animal Kennel: a building structure or premises used for the raising of dogs, cats or other household pets. Areas of Natural and Scientific Interest: areas of land and water containing landscape features which have been identified as having values related to protection, natural heritage appreciation, scientific study or education. The most significant of such areas along the Niagara Escarpment are identified in District Guidelines published in 1983 by the Ministry of Natural Resources and were previously identified as candidate nature reserves in two reports prepared by the Ministry of Natural Resources in 1976, "Significant Natural Areas Along the Niagara Escarpment" and "Earth Science Candidate Nature Reserves on the Niagara Escarpment". Campground: an area used for a range of overnight camping experiences, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices, laundry facilities, washrooms, support recreational facilities, but not including the use of mobile homes or trailers on a permanent year round basis. Carrying Capacity: capacity of a site to support use without substantial negative impact on environmental features such as water quality, natural vegetation, soil, wildlife population and visual attractiveness. Compatible: where the building structure, activity or use blends, conforms or is harmonious with the Escarpment's ecological, physical, visual or cultural environment. Conservation: the wise management of the environment in a way which will maintain, restore, enhance and protect its quality and quantity for sustained benefit to man and the environment. Cottage Industry: an occupation conducted as an accessory use within a single family dwelling by one or more of its residents. A cottage industry may include occupations such as dressmaking, upholstering, weaving, baking, ceramic making, painting, sculpting and the repair of personal effects. Cultural Landscape: a cultural landscape is the product of man's activities over time in modifying the landscape for his own purpose, and is an aggregation of man made features such as village, farmland, waterways, transportation corridors, and other artifacts. 108

125 SECTION SEVEN ENVIRONMENTAL Deeryards: an area where deer concentrate during the winter months. Domestic Purposes: those purposes for the property owner's use and not for the sale to the public. Dwelling Unit: one or more habitable rooms for the use of one family in which sanitary and kitchen facilities are provided for the exclusive use of such family, and having a private entrance. Easement: a negotiated interest in the land of another which allows the easement holder specified uses or rights without actual ownership of the land. Ecologically: the sum total of all the natural and cultural conditions which influence and act upon all life forms including man. Escarpment: see the preamble of the Niagara Escarpment Plan for a description of the Niagara Escarpment. The single word "Escarpment" used in this document means the Niagara Escarpment. Escarpment Brow (Edge): the upper most point of the Escarpment slope or face. It may be the top of a rock cliff, or where the bedrock is buried, the most obvious break in slope associated with the underlying bedrock. Escarpment Related Landforms: the physical features of the land associated with the Escarpment and created by erosion, sedimentation and glaciation, often including such features as moraines, lakes, river valleys, beach ridges, drumlins and kames. Escarpment Slope (Face): the area between the brow and toe of the Escarpment and usually characterized by a steep gradient. Where the rise occurs in the form of a series of steps, the slope also includes the terraces between the steps. Escarpment Toe (Base): the lowest point on the Escarpment slope or face determined by the most obvious break in slope associated with the bedrock or landforms overlying the bedrock. 109

126 SECTION SEVEN ENVIRONMENTAL Essential: that which is deemed to be in the public interest after all alternatives have been considered. Existing Uses: the use of any land building or structure legally existing on the day of approval of the Niagara Escarpment Plan. Existing Lot of Record: a lot held under distinct ownership and separate ownership from all abutting lots as shown on a registered conveyance in the records of the Land Registry Office at the time of the approval of the Niagara Escarpment Plan by the Government of Ontario. Farm Cluster: a group of farm buildings, which includes the farm dwelling, on a property actively involved in agricultural use. Fisheries Management: the management of fish habitat and fish population for the purpose of sustaining and improving the quality and quantity of fish. Flood Plain: the area, usually lowlands, adjoining the channel of a river, stream or watercourse which has been or may be covered by flood water during a regional flood or a one in one hundred year flood. Forest Management: the management of forests for the production of wood and wood products and to provide outdoor recreation, to maintain, restore or enhance environmental conditions for wildlife, and for the protection and production of water supplies. Groundwater Infiltration Area: an area where the porous nature of the surficial materials allows significant percolation of water into the ground water system. Headwaters: the source area of a stream. Heritage Property: features in or on land or underwater and considered to be a consultable record of past human activities, endeavors or events (e.g. buildings, street furniture, engineering works, planting and archaeological sites). High Water Mark: the mark made by the action of water under natural conditions on the shore of the bank of a body of water which action has been so common and usual that it has created a difference between the 110

127 SECTION SEVEN ENVIRONMENTAL character of the vegetation or soil on one side of the mark and the character of the vegetation and soil on the other side of the mark. Home Industry: a small scale use providing a service primarily to the rural farming community and which is accessory to a single-family dwelling or agricultural operation. A home industry may be conducted in whole or in part in an accessory building and may include a carpentry shop, a metal working shop, a welding shop, an electrical shop, etc., but does not include an auto repair shop or paint shop, or furniture stripping. Home Occupation: an occupation which provides a service as an accessory use within a single-family dwelling performed by one or more of its residents. Such occupations may include services performed by an accountant, architect, auditor, dentist, medical practitioner, engineer, insurance agent, land surveyor, lawyer, realtor, planner or hairdresser. Implementing Authority: the body/bodies responsible for the administration of the Niagara Escarpment Plan. Incidental Use: a use (e.g. swimming pool) normally accessory to but not an essential part of an existing use. Institutional Use: use of land, building or structure for some public or social purpose, but not for commercial purposes, and may include governmental, religious, educational, charitable, philanthropic, hospital or other similar or non-commercial use to serve the immediate community. Lot: a parcel or tract of land which is recognized as a separate parcel of land under the provisions of the Planning Act, and includes a lot created by consent for mortgage purposes where the mortgage has not been discharged. Mineral Resources: aggregate and other structural materials, industrial and metallic minerals, and petroleum resources. Natural Environment: the air, land and water or any combination or part thereof, of the Province of Ontario. New Lots: lots registered in the Land Registry Office after the approval of the Niagara Escarpment Plan. 111

128 SECTION SEVEN ENVIRONMENTAL Official Plan (Policy Plan): a document approved by the Minister of Municipal Affairs, containing the objectives and policies established primarily to provide guidance for the physical development of a municipality or part thereof, while having regard to relevant social, economic and environmental matters. Open Landscape Character: the system of rural features, both natural and man-made which make up the rural environment, including forests, slopes, streams and stream valleys, hedgerows, agricultural fields, etc. Original Township Half Lot: half of an original lot where the township was originally surveyed into 80 hectare (200 acre) lots. Original Township Lot: the township lot as shown on an original plan where an original plan is a plan certified by the Surveyor General as being the original plan of an original survey. Generally, in Ontario original township lots are 40 hectares (100 acres). However, larger and smaller original township lots exist. Park Plans: Master or Management plans for parks prepared by the agencies listed in Part 3 of the Niagara Escarpment Plan. Pit: land from which unconsolidated aggregate has been, is being or may be excavated as defined in the Pits and Quarries Control Act or successor thereto, but does not include a wayside pit. Preservation: the maintenance of natural or cultural heritage features in their current or original form, and the maintenance of the natural environment to allow natural processes to continue undisturbed by human intervention. Protection: ensuring that human activities are not allowed to occur which will result in the unacceptable degradation of the quality of an environment. Public Agency: any Federal, Provincial, County or Municipal agency and includes any commission, board, authority or department, including Ontario Hydro, established by such agency exercising any power or authority under a Statute of Canada or Ontario. Quarry: 112

129 SECTION SEVEN ENVIRONMENTAL land from which consolidated aggregate has been, is being or may be excavated as defined in the Pits and Quarries Control Act, but does not include a wayside quarry Recreational Development: those activities and associated tourism facilities designed to provide recreational and tourism opportunities for the use of local residents and the travelling public. Regionally Significant Areas of Natural and Scientific Interest: areas identified by the Ministry of Natural Resources, Conservation Authorities, municipalities and other agencies as having ecological or geological/geomorphological value at the regional level. Rehabilitation: the restoration of land from which aggregate has been excavated to its former use or condition which is or will be compatible with adjacent uses. Secondary Plan: a plan for a specific geographic area of a municipality which has been approved as an amendment to an official plan by the Minister of Municipal Affairs. Such a plan is prepared when there is a need for more specific policies to guide future development approved in an official plan under the Planning Act. Sediment Control Device: a structure which traps and filters sediments. Single-Family Dwelling: a separate building containing not more than one dwelling unit and may include a chalet, cottage or mobile home. Source Area: areas of obvious groundwater discharge (e.g. springs, and prominent seeps). Talus Slope: the slope created by the mass of broken rock which accumulates at the base of the cliff face along the Escarpment. Tonne: a metric measurement, 1,000 kilograms or 2,205 pounds. Top of Streambank: the upper edge of the slope of the stream valley where the land levels off; or where there is a flood plain, to the top of slope above the flood plain. 113

130 SECTION SEVEN ENVIRONMENTAL Trail Activities: recreation oriented to trails, (e.g. horseback riding, cross-country skiing, hiking and snowmobiling). Unserviced Campsites: campsites which are not individually provided with water, sewer or electrical services. Unstable Slopes: slopes which are or may be subject to erosion such as mass movement, slumping, landslides, mudflows or rock falls. Utility: a water supply, storm or sanitary sewer, gas or oil pipeline, the generation, transmission and distribution of electric power, steam or hot water, towers, telegraph and telephone lines and other cabled services, waste collection or disposal management, a public transportation system, licensed broadcasting receiving and transmitting facilities, or any other similar works or systems necessary to the public interest. Veterinary Clinic: the office of a veterinary surgeon and premises for the treatment of animals. Watershed Management: the analysis, protection, development, operation and maintenance of the land, vegetation and water resources of a drainage basin. Wayside Pit or Quarry: lands from which consolidated or unconsolidated aggregate is excavated for use in a project of a public authority and that is worked outside the limits of the right-of-way of a highway, but does not include a licensed pit or quarry. Wetlands: areas with shallow standing water (less than 2 meters deep) until about July 1, in most years. Wetlands are divided into four major categories: swamps, marshes, bogs and fens. Wildlife Management: the management of wildlife habitats for the purposes of sustaining the quantity and quality of wildlife for the benefit of people. 114

131 SECTION 8 SECTION 8 Public Utilities

132 SECTION EIGHT PUBLIC UTILITIES 8. Public Utilities This Public Utilities Section is concerned mainly with water supply and sewage disposal, but also with land drainage, solid waste disposal, hydroelectric lines and pipelines. Objectives for Public Utilities Objective 8.1 Objective 8.2 Objective 8.3 To provide necessary public utilities in accordance with the servicing needs of existing and future development conforming to stated priorities and with economic, safety and environmental considerations. To provide the necessary public utilities in a manner consistent with the other objectives and policies of this Plan and, within those constraints, at the lowest practicable cost. To establish priorities for the staging of works, particularly with regard to water supply and sewage disposal systems, necessary for the current and future servicing requirements of the Region. The following priorities shall be applicable, but are not intended to be absolute due to other objectives and servicing needs. (a) (b) To meet minimum water quality objectives and minimum pollution abatement objectives, as established by the Region in consultation with appropriate Provincial and Federal Ministries, for the provision of services to existing municipal development having deficiencies in their existing municipal systems. To meet the needs of existing development in terms of capacity for both water supply and sewage disposal. (c) To meet the needs for new development in an orderly and efficient manner. Industrial development which creates employment opportunities shall be assigned a higher priority than residential development. Priority for new development must also be co-ordinated with the availability of all other major services. (d) (e) To recognize other objectives and policies of this Plan. To recognize financial considerations. Objective 8.4 To provide for the disposal and treatment of solid wastes in a manner which is economically, ecologically, and aesthetically acceptable. 115

133 SECTION EIGHT PUBLIC UTILITIES Policies for Public Utilities 8.A Water and Sewage Works Policy 8.A.1 Policy 8.A.2 Policy 8.A.3 Policy 8.A.4 Policy 8.A.5 Policy 8.A.6 Policy 8.A.7 Policy 8.A.8 The Region will provide, insofar as possible, adequate water supply, sewage collection and disposal and, in co-operation with the local municipalities, will provide storm drainage facilities to meet the existing and future development needs within the approved urban areas of the Region. The Region, in consultation with local municipalities, will prepare design criteria for water and sewer works to be used in the design and approval of such facilities. The Region will prepare by-laws to regulate the use of its water supply and sewage treatment facilities. The Region will undertake jointly with local municipalities, the determination of development densities (through zoning by-laws or other means) in accordance with present and proposed water and sewer works capacities. This will ensure that servicing is co-ordinated with local zoning by-laws and staging of development. The Region will review its servicing policies from time to time in the light of both changing conditions of supply and demand for services and significant changes in economics and technology. The Region may introduce levies and shall establish rates for Regional water and sewage capital and operating costs to permit orderly expansion of such facilities. Lands abutting existing and proposed sewage treatment facilities shall be zoned to permit only such compatible land uses as industrial or open space. Where such zoning cannot be developed, then suitable separation areas must be incorporated between the treatment facilities and the proposed development to minimize the impact of odour problems that may be generated at such facilities. The separation distance will be dependent on the nature of the development, the treatment facility and other physically-related factors. All new development which is proposed to be connected to existing combined sewer facilities shall be served with separated systems within the property limits of the development. The continued separation of storm and sanitary flows beyond the boundaries of the development will be dependent upon the available capacity within the existing sewer system, the treatment plant and the proximity of suitable storm outlets to the development. 116

134 SECTION EIGHT PUBLIC UTILITIES 8.B Staging and Location of Services Policy 8.B.1 Policy 8.B.2 The Region requires that each municipality include in its official plan priority and staging policies for both water supply and sewage disposal systems which recognizes the locations and amounts of land needed for future urban development and which is co-ordinated with Regional priorities and requirements. The Region requires that each local municipality's staging policies conform with the approved urban development areas as designated in this Plan. Variations with respect to priority and staging policies will only be permitted where: (a) (b) full support and documentation for the variation is provided with a proposed local official plan amendment prepared by the area municipality; the proposed development can be provided with water and sewer services in accordance with the Region's priorities and at reasonable cost; (c) the additional development is necessary and desirable in the municipality; (d) the proposal complies with all the other objectives and policies of this Plan; and (e) the proposed development is adequately served or can be adequately served by other facilities such as roads. Policy 8.B.3 Policy 8.B.4 Policy 8.B.5 In recognition of the investment in existing trunk facilities, both sewer and water, each local municipality shall encourage a reasonable rate of "infilling". Each local municipality shall also be responsible to regulate (if desirable) the rate and amount of development to avoid early "filling up" of limited land resources. The means to be used could include increased densities, alternate location, encouragement of "infilling" or redevelopment and other means of restraining development seeking to locate beyond the urban service boundaries. The boundaries of urban service areas, sewer areas, water areas (if any) or any other special areas which involve a tax charge on residents within that area and are intended to cover the cost of existing or proposed sewer or water works must comply with current Regional and local Plans. On the basis of current technology in both water and sewage facilities, specific benefits accrue, from a capital cost and operating cost point of view, in the reduction in the number of plants that must be built or maintained. The Region will, therefore, continue its program to limit the number of such installations, consistent with the quality of services 117

135 SECTION EIGHT PUBLIC UTILITIES already provided, and this shall not be deemed to be in conflict with policy statements which recognize the continuation of separated urban centres. Policy 8.B.6 Policy 8.B.7 Any extensions of the existing water supply or sewage disposal systems of the local municipalities must have the prior approval of the Region, and within the area of the Niagara Escarpment Plan, must conform with the Niagara Escarpment Plan Policies. The Region will consult and co-operate with other authorities having jurisdiction for the issuance of permits for private water supply and sewage disposal systems to ensure a common objective. The following guidelines are proposed: (a) Existing soils and drainage facilities should be compatible to permit such private installations. (b) (c) (d) Proper consideration shall be given to abutting existing development to ensure that problems will not be created for the existing or proposed development. The operation of septic tank installations must not result in the pollution of watercourses. Within the Niagara Escarpment Plan area, private water supply and sewage disposal systems are subject to the requirements of the Niagara Escarpment Plan policies. Policy 8.B.8 The Region requires that each application by a local municipality for a municipal water main extension or extensions or for municipal connections to existing Regional water mains outside the urban areas boundaries shall be supported by detailed information illustrating its compliance with the following criteria: (a) (b) (c) (d) It has the support of the local Council. It is for legally existing or proposed agricultural and agriculturally related uses or for other legal permitted uses. It will not jeopardize the ability of the Region to provide adequate water supply for existing urban development, for potential urban development within the urban areas boundaries, and for the development served by this or previous extensions outside the urban areas boundaries. The determination of the compliance with this criterion can only occur after due consideration of the size of the permanent connections to be made thereto. It will not jeopardize the ability of the local municipality to provide an adequate water distribution system for existing urban development, for potential urban development within the urban areas boundaries, and for the development served by this and previous extensions outside the urban areas boundaries. 118

136 SECTION EIGHT PUBLIC UTILITIES (e) (f) It will not contribute to or stimulate non-agricultural development other than in approved hamlets. Extensions to hamlets will be considered only if it can be adequately demonstrated that the cumulative effect of the extension to existing development and to any future development within the hamlet poses no potential health problems and that the other criteria set out in this policy including, in particular, the long term operation of existing private sewage systems and adequate lot sizes, can be met. There are adequate local controls to regulate the use of water for irrigation or other uses which could place unreasonable demands on the water supply system. (g) There is confirmation from Regional Health Services that the existing waste disposal systems are satisfactory or will be upgraded to accommodate the increased loads which may result from a municipal water supply extension beyond the urban boundary and will not adversely affect any adjoining agricultural uses and all sewage disposal systems are in compliance with the requirements of Ontario Regulations 374/81 under The Environmental Protection Act or subsequent amendments thereto. (h) (i) (j) The financing system is satisfactory to the local municipality, is entirely locally or self financed, is not based on expectations of additional development, and does not place an undue cost on properties with large frontages. An inventory of existing vacant lots of record that may become serviced by the proposed extension is shown. That any municipal connection outside the urban areas boundaries to an existing Regional water main which is a local service connection from the Regional water main to the abutting lands of the consumer must be: (i) to a maximum of 2 centimetres (3/4 inch) in diameter, (ii) only for the benefit of a use immediately abutting the Regional water main, and (iii) the only municipal local service connection servicing the lands in question. (k) That any municipal connection to the existing Fourth Avenue Regional water main outside the urban areas boundaries which is a municipal water main extension or extensions shall be constructed in a closed loop. Policy 8.B.9 The following waterlines have been reviewed in accordance with Policies 6.B.5 and 8.B.8 and are deemed to comply with these policies: 119

137 SECTION EIGHT PUBLIC UTILITIES (a) A 150 millimetre (6 inch) waterline extending 225 metres (740 feet) north along Lookout Street from Highway 20 in the Town of Pelham. (b) (c) A waterline extension extending from the Niagara Parkway along Thompson Road in the Town of Fort Erie to service an estate residential use referred to as the McKenzie Crossing subdivision. A waterline extension approximately 200 feet south along Station Street from Second Avenue in the Town of Lincoln to service one single detached dwelling on a 2.8 acre property. (d) A waterline to provide services to the Ridge View Estates Subdivision located in the community of Ridgeway in the Town of Fort Erie. (e) (f) (g) (h) (i) (j) (k) (l) A waterline extending from the Vineland Reservoir to service the Vineland Quarries and Crushed Stone Limited quarry located on Regional Road 24 at Fly Road in the Town of Lincoln. A 2" waterline extending from Fox Trail Drive along Rykert Street approximately 1250 feet to serve only the Hy-Grade Precast Concrete property located at 2411 First Street Louth in the City of St. Catharines. A 200 millimetre (8 inch) waterline extending 3.7 kilometres from Highway 140 easterly along Second Concession Road to a point east of Miller Road to serve Port Colborne Poultry in the City of Port Colborne. A 150 millimetre (6 inch) waterline extending 1.3 kilometres along Regional Road 20 westerly from Lookout Street to the eastern boundary of the property occupied by the E.L. Crossley Secondary School in the Town of Pelham. A 150 millimetre (6 inch) waterline extension of about 100 metres (300 feet) along Stonemill Road from the existing municipal waterline on MacDonald Drive to the Windmill Point Park and Campground in the Town of Fort Erie. A waterline extension of approximately 1280 metres (4200 feet) to a local watermain outside the Urban Area boundary of the Town of Fort Erie. Up to a 6 inch waterline extension of about 69 metres (225 feet) long extending north along Sodom Road in the Town of Fort Erie to serve the existing St. John s Stevensville United Church. Two centimeter (3/4 inch) lateral connections to a local municipal waterline for land uses along the east side of Rice Rd. in the Town of Pelham, between Hurricane Rd. and the Welland municipal boundary. 120

138 SECTION EIGHT PUBLIC UTILITIES 8.C Land Drainage Policy 8.C.1 Policy 8.C.2 Maintenance and alterations to major watercourses which have been, or may be, assumed by the Region shall only be carried out with the prior approval of the Region, and within the area of the Niagara Escarpment Plan, must conform with Niagara Escarpment Plan Policies. All new urban development areas must be provided with separate storm drainage systems. All new private development must also be provided with separate storm drainage connections. Where feasible and economical, existing municipal combined sewage and storm drainage systems shall be separated. 8.D Solid Waste Disposal Policy 8.D.1 Policy 8.D.2 The Region will assist the local municipalities in providing for the disposal and treatment of solid wastes. The selection of all solid waste disposal sites will involve consideration of: (a) (b) (c) (d) the compatibility of the methods of operation with adjacent land uses, the nature of bedrock and soil conditions in order to reduce the likelihood of groundwater contamination, and operational economics - transportation costs, maintenance, land prices, opportunity for future expansion, etc. within the Niagara Escarpment Plan area, solid waste disposal sites are subject to the requirements of the Niagara Escarpment Plan Policies. Policy 8.D.3 Site and rehabilitation plans will be developed prior to the use of a particular site for solid waste disposal. These plans should make provision for: (a) (b) (c) (d) (e) (f) the control of odour, vermin and other nuisances, the phasing of the site expansion, the ultimate use of the site, landscaping and berms, access, and a uniformly high standard of operation. 121

139 SECTION EIGHT PUBLIC UTILITIES The Region, in consultation with local municipalities, will investigate the application of new salvage and disposal techniques. 8.E Other Utilities Policy 8.E.1 The Region will co-ordinate its plans with those of the Federal and Provincial Governments and their agencies in the provision of servicing systems, pollution control systems, waste disposal systems, power supply systems and communications systems. In so doing, the Region will have regard to the policies of the Regional Plan and the local official plans. The Region will encourage the joint use of rights-of-way and corridors wherever feasible for various facilities in order: (a) to lessen the impact on the environment of uncoordinated alignments of various single purpose authorities, and (b) to avoid land use and development problems associated with such rights-of-way and alignments. 122

140 SECTION 9 SECTION 9 Transportation

141 SECTION NINE TRANSPORTATION 9. Transportation At the time of preparation of this document, a large scale comprehensive transportation study embracing all of the Regions of Niagara, Hamilton-Wentworth and Haldimand- Norfolk is being carried out by the Provincial Ministry of Transportation and Communications. The primary purpose of this study is to establish needs and priorities for the Provincial highway system in the study area, and it includes an examination of goods movements and public transit. Although several local municipalities have conducted individual transportation studies, the Provincial study will be the first in-depth examination of the Region as a whole. The information derived from this study could be used as the basis for further, more refined studies of the Regional and local road systems on either a local or overall basis. Also pending are decisions on such major facilities as the northerly and southerly extensions of Highway 406 and the proposed Niagara Freeway. Major proposals arising out of the Provincial study, policy decisions affecting freeway construction or increasing emphasis on alternative modes of transportation would significantly affect the Region's transportation plans. It should therefore be recognized that the Plan must necessarily be flexible and subject to revision to meet changing conditions. There is also no question that, particularly in the urban areas, further traffic studies will be required in order to develop and refine traffic improvement programs. Objectives for Transportation Objective 9.1 Objective 9.2 Objective 9.3 Objective 9.4 Objective 9.5 To promote and support safe, convenient, efficient, aesthetic and economical transportation systems for all modes of transport for the movement of people and goods. To provide an arterial road system which, in conjunction with the Provincial and local road systems, will give convenient access throughout all parts of the Region and to adjacent areas. To encourage the development of convenient and efficient public transit services throughout the Region. To actively support the continuation and improvement of the railway system for the movement of both passengers and goods. To actively support the provision of air services for both passengers and goods while minimizing the conflicts between airport and adjacent activities and land uses. 123

142 SECTION NINE TRANSPORTATION Policies for Transportation Policy 9.1 Policy 9.2 Policy 9.3 Policy 9.4 Policy 9.5 The Region shall continue to study and assess its transportation needs and shall revise or expand this Plan as necessary. The Region will support the provision of improved transportation facilities south of the Niagara Escarpment, including an investigation of the need, alignment and timing for a mid-peninsula transportation corridor as a means to preserve unique agricultural lands and to encourage development south of the Escarpment. The distribution of land uses, particularly the location of future large industrial and commercial areas, must take into account the availability of suitable transportation facilities. The roads and other transportation components of local official plans shall conform to the Regional Plan and shall indicate which roads and other transportation facilities are a Regional responsibility. The Region will seek the necessary legislative changes to permit the Region to issue licenses for public transit and trucking operations within Regional Niagara. 9.A The Regional Road System The Regional Road System is a network of arterial roads providing access to and from all parts of the Region. It was initially composed of the road systems of the former counties of Lincoln and Welland, the urban arterial street networks and certain Provincial highways which were turned over to the Region. The roads that make up this system are the results of further changes in jurisdictions which may occur depending upon volume of traffic and road function. Roads have three impacts: the movement of goods and people traffic, the effect on the character of the area it traverses, and the influence it has on future development. Thus planning for roads involves a balance of these concerns which is reflected in the policies of this Section. To maintain an appropriate standard of service, the Regional Road allowances must be of sufficient width for the lanes of traffic, bicycle and transit facilities, utilities, snow storage, drainage, sidewalks, and landscaping. Road allowance policies will establish clear and consistent requirements to protect and acquire needed road allowances, so that new development does not limit the Municipality s ability to provide future services and utilities within these road allowances. Therefore to enable Regional Niagara to protect and acquire land for Regional Road allowances and to enhance the areas they traverse, this Section identifies the Regional Road allowance widths required, policies for acquiring land for road allowances by dedications and purchase, guidelines for road allowance improvements, and the identification of roadways with attributes to be protected and enhanced. 124

143 SECTION NINE TRANSPORTATION Policy 9.A.1 Policy 9.A.2 Policy 9.A.3 Policy 9.A.4 Policy 9.A.5 Policy 9.A.6 The Regional Road system shall be a network of arterial roads providing access to and from various parts of the Region. This road network and allowance widths shall be determined based on the volume of traffic, road function, system continuity, existing land use, future development patterns, scenic and natural amenities, and respect for existing communities. The Region will review its Road Network from time-to-time and will make such additions or deletions to the Network where warranted. Where it is anticipated that a local street will ultimately be assumed as a Regional Road or where it is planned to extend Regional Roads, the rights-of-way shall be protected from development. In cases where such rights-of-way are required in growth areas, the development or subdivision plans shall make provision for these future roadways and all Regional requirements shall be adhered to. Where proposals are not finalized or alternatives are still under study, the protection must be maintained at least in and near urban areas until definite decisions are made. Road reserves identifiable at this time are shown on the accompanying map, "Interim Road Proposals". Provision shall also be made in local official plans to illustrate the location of these rights-ofway reserves and to protect them from any additional development. In addition, within the Niagara Escarpment Plan area, the policies of the Niagara Escarpment Plan shall be adhered to in considering right-ofway reserves. The Region shall obtain lands to create or widen Regional Road allowances, hereafter called widenings, to provide a safe and efficient road system for people and vehicles and to accommodate vehicular traffic including bicycles, pedestrian movement, transit facilities, curbs, gutters, utilities, noise control measures, snow storage, drainage measures, fencing, landscaping and other matters deemed compatible with the road system. The Region recognizes the importance of roads and their widenings for transportation, utilities, land service, and the character and quality of the urban and rural landscapes. The Region shall endeavour to make full use of all existing roadways and to minimize construction and right-of-way costs, property damage and undesirable community effects, and the impact of road improvements and reconstruction on the existing landscape brought about by road widenings. The Region encourages and promotes the provision of adequate pedestrian and bicycling facilities in order to promote pedestrian safety, reduce pedestrian vehicle conflicts, and encourage bicycling. In undertaking road improvements, consideration shall be given to: accommodating safe pedestrian movement, and bicycling facilities as provided in Section 9.F. 125

144 SECTION NINE TRANSPORTATION The provision of sidewalks along Regional Roads is the responsibility of the local municipalities, although location and design requires Regional approval. Policy 9.A.7 Policy 9.A.8 Policy 9.A.9 Policy 9.A.10 Policy 9.A.11 Policy 9.A.12 Policy 9.A.13 The widths for Regional Road allowances are designated in the Table titled Road Allowance Widths. Each Regional Road allowance which is not presently at its designated width is a highway to be widened. The Regional Road allowances identified in this Plan shall be protected from encroachment by acquiring the lands if possible prior to or at the time of development or redevelopment of the adjacent lands and by ensuring that building setbacks abutting Regional Roads are adequate. The Region shall minimize public expenditures by acquiring road allowance widenings as a condition of planning approval of development applications. The Region recognizes the direct benefits of road widenings to property that is developed. Notwithstanding Policy 9.A.9, no land dedications will be requested where an application is in Agricultural Areas or for condominium approval that involves a transfer of tenure status from rental to ownership and if no new units, or increase in density, are involved. Land to be dedicated for widenings pursuant to Policy 9.A.9 shall be conveyed at no cost to the Region, free of all encumbrances, encroachments and improvements unless otherwise agreed to by the Region. Land for Regional Road widening normally will be required equally from both sides of the centreline of the designated Regional Road unless existing land uses, topographic features or other physical or environmental constraints necessitate taking greater widening on one side than the other. The Region may require road widening dedications in addition to the designated road allowances indicated in the Table titled Road Allowance Widths without the need for amendments to this Plan for purposes such as the following: (a) (b) (c) (d) (e) (f) Additional site triangles at intersections and entranceways necessary for traffic operational design purposes; Turning lanes at intersections or to provide suitable access to major traffic generator developments; Future grade separations of Regional Roads with other roads or railway lines; Sites for traffic control devices and transit facilities (e.g. bus lay-bys); Cut and fill requirements for road construction; and Storm drainage requirements, including ditches, catch basins, culverts and headwalls. 126

145 SECTION NINE TRANSPORTATION Policy 9.A.14 Road widening requirements for site triangles and turning lanes are as follows: (a) (b) (c) The maximum length of the side of an additional triangle at an intersection or entranceway shall be 15 metres in an Agricultural or Rural Area and 4.5 metres along a road in an Urban Area. Some variations may occur in unusual circumstances; To meet safety and design standards, additional land may be required for auxiliary turning lanes in front of major traffic generators. In most circumstances the additional land shall not exceed 4 metres in width; and At each corner of a crossing of a Regional Road and a railway line the maximum length of the site triangle along the Regional Road shall be 17 metres and the maximum width of the site triangle measured from the Regional Road shall be 15 metres. Policy 9.A.15 Policy 9.A.16 The Region may acquire at its own expense road allowance widenings where such widenings exceed those specified in the Table titled Regional Allowance Widths without an amendment to this Plan. An amendment to the Regional Policy Plan shall be required for road widening requirements that are greater than indicated in this Plan and which are to be obtained as a dedication through the planning approval process for development. Criteria that shall be considered in the review of any amendment application include: (a) (b) (c) (d) (e) (f) need in terms of both the existing and forecast traffic patterns and volumes; required road design including safety, operational, and related requirements and utility standards; limitations posed by existing land uses and natural features; applicable federal and provincial acts and regulations; cost of obtaining widenings; and future growth areas. Policy 9.A.17 Policy 9.A.18 The Region in conjunction with the local municipalities shall establish and require compliance to minimum setbacks, loading and parking facilities, access control, and design requirements and policies consistent with the function of Regional Roads. The Region shall request and encourage the local municipalities: (a) to pass site plan control by-laws under the Planning Act that include lands adjacent to Regional Roads to be widened and to amend existing official plans policies to conform with those of the Regional Policy Plan; 127

146 SECTION NINE TRANSPORTATION (b) (c) to circulate all development applications requiring planning approval to the Region to ensure that appropriate road widening dedications can be requested as a condition of development along any Regional Road; and to prevent encroachments upon proposed Regional Road allowances through appropriate protection policies in their official plans and zoning by-laws. Policy 9.A.19 Policy 9.A.20 Policy 9.A.21 Policy 9.A.22 Policy 9.A.23 Policy 9.A.24 The Region will review with the local municipalities the range and appropriateness of any uses that are exempted from site plan control along a Regional Road that is a highway to be widened based on traffic and land use concerns. Lands transferred to the Region for road widening purposes may be used on an interim basis for landscaping or temporary uses in accordance with local municipal by-laws by agreement between the Region and the adjacent property owner. Any lands that are not part of a designated Regional Road allowance may be retained or considered surplus. Retained lands shall be subject to a needs study. Surplus lands shall be disposed of in accordance with the Region s land disposal policies. The taking of any right-of-way widening shall not require the Region to undertake improvements to a particular roadway at a specific time. Improvements, if any, are subject to priorities, capital budgeting and land development needs. Improvement of a Regional Road, including the widening of a traveled section of a road, may be subject to a Class Environmental Assessment under the Environmental Assessment Act, the Greenbelt Act or some other general or specific Act. A Niagara Escarpment Commission Development Permit may be required for road improvements of roads which are within the Niagara Escarpment Planning Area. Specific routes that have a distinctive character should be recognized in the Regional and local municipal official plans and encouraged by the Region. Regional Roads with tourism attributes are Regional Road 81 in Grimsby, Lincoln and St. Catharines; Regional Road 24 north of Regional Road 81 in Lincoln; Regional Road 39 in Lincoln and St. Catharines; Regional Road 87 in St. Catharines and Niagaraon-the-Lake; Regional Road 3 in Wainfleet, Port Colborne and Fort Erie; and Regional Road 1 in Fort Erie. Along these Roads and where Regional Roads are within designated heritage areas and /or border designated buildings/sites any development of adjacent lands, road allowance changes or Class Environmental Assessments associated with proposed road improvements shall be reviewed giving a high priority to conservation of the scenic, natural, and cultural amenities. 128

147 SECTION NINE TRANSPORTATION Policy 9.A.25 Policy 9.A.26 Policy 9.A.27 The Region encourages tree planting and other forms of landscaping along all Regional Roads and abutting private property to ensure aesthetically pleasing streetscapes. Wherever possible and within technical and budgetary constraints, the Region shall plant trees along Regional Roads and abutting properties as a means of achieving attractive treed avenues. The Region shall endeavour to minimize the removal of trees, and any damage to existing trees. The Region shall promote the use of innovative approaches to ensure aesthetically pleasing streetscape designs. Treed avenues, attractive sound barriers and decorative fencing, and appropriate land use design are some possible ways of beautification. In this regard, the model design guidelines of Policy 9.A.31, developed in partnership by the local municipalities and Region, shall be implemented through this partnership. The Region will consider desirable and feasible measures to control traffic noise from Regional Roads. Road traffic noise shall be assessed and sound levels predicted using guidelines provided by the Ministry of the Environment, as modified from time-to-time: (a) (b) (c) For Regional Roads in developed areas, the Region shall establish criteria to assess the merits of traffic noise control measures; For Regional Roads in developing areas, all adjacent development applications requiring planning approval must be considered for traffic noise control features. The Region shall determine the need for a traffic noise study, the requirements for such studies, and the noise control features that are required as a condition of planning approval. The Region s approval is required for all traffic noise control features external to the buildings identified in the development agreements. The local municipalities shall be responsible for enforcement of all traffic noise control features to be incorporated into the building construction; and For a Regional Road that is new or to be widened, a traffic noise impact study is required to examine the effects on the existing and proposed residential communities or noise sensitive land uses that may exist along the Road. The Region shall establish criteria for acceptable noise levels and noise control measures. Policy 9.A.28 In acquiring right-of-way for links in the Regional Road system consideration shall be given to the establishment of widths sufficient to permit the future inclusion of rapid transit facilities in addition to a roadway and to provide adequate buffering of adjacent lands. In addition, within the Niagara Escarpment Plan area, the policies of the Niagara Escarpment Plan shall be adhered to in the acquisition of rights-of-way for links in the Regional Road system. 129

148 SECTION NINE TRANSPORTATION Policy 9.A.29 Policy 9.A.30 Policy 9.A 31 Policy 9.A.32 Policy 9.A.33 Policy 9.A.34 Policy 9.A.35 Policy 9.A.36 The Region may require that a permit be obtained from the Region for any construction of new buildings/structures or additions along Regional Roads to ensure that the required setbacks are implemented to protect any proposed road allowance widenings identified in the Policy Plan. This requirement shall be waived when suitable local regulations are in operation. Where a road allowance widening dedication is required under Policies 9.A.9 or 9.A.13, or where a permit is issued under Policy 9.A.29, for development abutting a Regional Road, the developer/owner of these lands must provide the Region, at no cost to the Region, with a certificate of an Ontario Land Surveyor that all legal survey monumentation on the widened road allowance is in place as a condition of planning application approval under Policies 9.A.9 or 9.A.13, or on the setback as per a permit under Section 9.A.29 when construction is completed. A key design objective for Regional Roads is to develop contextsensitive solutions that balance safety, visual amenity, pedestrianism and the ability to move large volumes of traffic. The balancing of these issues may include permitting or removing on-street parking, allowing or limiting access to adjacent properties, and modifying the pavement width or other measures to facilitate traffic flow or calming while contributing to a positive appearance, sense of place, and community interaction. The Region will implement the approved Model Urban Design Guidelines or its successor to facilitate this balance of both traffic flow and community environments. Design guidelines shall also be prepared for Regional Roads in non-urban areas. All signs and displays to be erected along Regional Roads shall be reviewed for acceptability by the Region. A permit from the Region shall be required for the establishment of any new access to a Regional Road or for the modification of any existing access. The Region shall develop and implement policies respecting necessary zoning provisions such as loading and parking facilities. Such provisions will apply to lands lying within 46 metres (150 feet) of a Regional Road and must be incorporated in local zoning by-laws. These requirements shall be waived when suitable local regulations are in operation. All development proposals abutting Regional Roads will be closely reviewed by the Region. Developments which necessitate major road improvements to accommodate the anticipated traffic will be coordinated with the installation of such improvements. Where an individual development such as a major shopping centre, industry, or high density residential complex requires special provisions for traffic such as channelization, turning lanes or traffic signals, the Region will require the developer to contribute to the cost thereof. 130

149 SECTION NINE TRANSPORTATION Policy 9.A.37 Policy 9.A.38 In order to reduce the impact of the removal of on-street parking on Regional Roads and to ensure that an adequate supply of parking is available where needed, local municipalities will be encouraged to make suitable provisions in their zoning by-laws and to develop and implement comprehensive off-street parking programs. The Wine Route and the Victoria Avenue Market Greenway within the Twenty Valley/Jordan Tourism Area provide key functions related to tourism. Within the rights-of-way of these important routes, special provisions for alternative development standards and design treatments shall be established. The design of these roads will recognize existing development patterns, and may incorporate, where appropriate, permission for on-street parking, bicycle paths and enhanced landscaping. Key principles to be considered in the future improvement of these roads shall include: develop a program of coordinated signage to identify and market the themes promoted along the Regional Roads; enhance the visual appeal of the Regional Roads through streetscape treatment which should include trees and other landscape upgrading, special lighting and banners; encourage high quality redevelopment of properties along the Regional Roads. Buildings should be oriented to front, face and feature the road. Large parking areas should be located behind or at the side of buildings and, where visible from the road, must include substantial landscape treatment; develop gateways, as shown on Twenty Valley/Jordan Harbour Tourism Area Map, to define special precincts along the route, to disseminate information and to mark entrances to the Ball s Falls Heritage Conservation Area, the Vineland CBD, Jordan Village and Prudhommes; and discourage further right-of-way and/or pavement widenings, except to accommodate cycling facilities and/or on-street parking within identified Urban Areas. Policy 9.A.39 Designated Regional Road allowances that are not yet owned by the Region shall be protected from development. In growth areas, development plans shall make provision for these road allowances and shall adhere to all Regional requirements. When new Regional Roads are added to the Regional Road Network appropriate road allowance widths will be added to the Table titled Road Allowance Widths by an amendment to this Plan. Where a road, or a section of road, is deleted from the Regional Road Network, it will be automatically eliminated from the above policies and will become the responsibility of the jurisdiction to which it has been transferred. 131

150 SECTION NINE TRANSPORTATION 132

151 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Town of Regional Name Between Width Fort Erie Road No. (may be known by other names) Metres " 1 Dominion Rd. - Gorham Rd. - Lakeshore Rd " 3 Garrison Rd. - Rosehill Rd. - Central Ave " 19 Gilmore Rd. - QEW - Thompson Rd " 19 Gilmore Rd. - Thompson Rd. - Concession Rd " 19 Gilmore Rd. - Concession Rd. - Niagara Blvd " 21 Bowen Rd. - Stevensville Rd. - Thompson Rd " 21 Phipps St. - Thompson Rd - Niagara Pkwy " 25 Netherby Rd. - Montrose Rd. - QEW 30.5 " 25 Netherby Rd. - QEW - Niagara Pkwy " 112 Point Abino Rd. - Michener Rd. - Hwy " 116 Gorham/Stevensville Rd. - Farr Ave. - Carver St " 116 Stevensville Rd. - Carver St. - C.P.Railway 20.1 " 116 Stevensville/Sodom Rd. - C.P.Railway - North Limit of Fort Erie 26.1 " 122 Helena St./Thompson Rd. - Dominion Rd. - Phipps St " 124 Central Ave. - Lakeshore Rd. - Niagara Pkwy

152 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Town of Regional Name Between Width Grimsby Road No. (may be known by other names) Metres " 10 Casablanca Blvd. - Main St. W. - QEW 26.2 " 12 Mountain Rd. - Mud St. - Ridge Rd.E " 12 Mountain Rd./St. - Ridge Rd. E. - Main St. W " 12 Christie St. - Main St. W. - QEW 26.2 " 12 Christie St. - QEW - Olive St 30.5 " 14 Park Rd./Bartlett Ave. - E. of Park Rd. S. - Main St. E " 14 Bartlett Ave. - Main St. E. - Central Ave " 39 QEW North Service Rd. - West Limit of Grimsby - Olive St " 40 QEW South Service Rd. - West Limit of Grimsby - East Limit of Grimsby 26.2 " 73 Mud St. West and East - West Limit of Grimsby - East Limit of Grimsby 26.2 " 81 Main St. W. - West Limit of Grimsby - Casablanca Blvd " 81 Main St. W. - Casablanca Blvd. - Robinson St " 81 Main St. W. - Robinson St. - East Limit of Grimsby 26.2 " 512 Livingston Ave. - Oakes Rd - Casablanca Blvd " 512 Livingston Ave. - Casablanca Blvd. - Main St. W

153 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Town of Regional Name Between Width Lincoln Road No. (may be known by other names) Metres " 18 Mountain Rd./Ontario St. - Fly Rd.. - QEW South Service Rd " 24 Vineland Townline Rd. - Twenty Mile Rd.- Nineth Ave " 24 Victoria Ave. - Nineth Ave.- King St " 24 Victoria Ave. - King St.- QEW South Service Rd " 26 Jordan Rd. - King St. - Fourth Ave " 26 Jordan Rd. - Fourth Ave.- QEW South Service Rd " 39 QEW North Service Rd. - West Limit of Lincoln - East Limit of Lincoln (discontinuous) 26.2 " 40 QEW South Service Rd. - West Limit of Lincoln - East Limit of Lincoln (discontinuous) 26.2 " 69 Twenty Mile Rd. - South Limit of Lincoln - Vineland Townline Rd " 69 Twenty/ Pelham Rd. - South Limit of Lincoln - Nineth St " 69 Pelham Rd. - Nineth St. - East Limit of Lincoln 20.1 " 73 Fly Rd. - West Limit of Lincoln - Victoria Ave " 77 Fourth Ave. - Jordan Rd - East Limit of Lincoln 20.1 " 81 King St. - West Limit of Lincoln - Lincoln Ave. 26.2* " 81 King St. - Lincoln Ave. - Bartlett Rd. 20.1* " 81 King St. - Bartlett Rd. - Rittenhouse Rd. 26.2* " 81 King St. - Rittenhouse Rd. - Orchard Ave. 20.1* " 81 King St. - Orchard Ave. - East Limit of Lincoln 26.2* " 669 Eighth Ave. - Victoria Ave. - Twenty Rd *Regional Road #81 shall be subject to further study before any road reconstruction. 135

154 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS City of Regional Name Between Width Niagara Falls Road No. (may be known by other names) Metres " 20 Lundy's Lane - West Limit of Niagara Falls - Garner Rd " 20 Lundy's Lane - Garner Rd. - Main St " 20 Ferry St. - Main St. - Stanley Ave " 25 Netherby Rd. - West Limit of Niagara Falls - Montrose Rd " 27 Schisler Rd. - West Limit of Niagara Falls - Misener Rd " 27 Schisler Rd. - Misener Rd. - Montrose Rd " 43 Bridge St. - Stanley Ave. - Victoria Ave " 43 Bridge St. - Victoria Ave. - River Rd " 47 Lyons Creek Rd. - Montrose Rd. - Sodom Rd " 49 McLeod Rd. - Oakwood Dr. - Marineland Pkwy " 49 Marineland Pkwy. - McLeod Rd. - Stanley Ave " 57 Thorold Stone Rd. - West Limit of Niagara Falls - Garner Rd " 57 Thorold Stone Rd. - Garner Rd. - Stanley Ave " 61 Niagara Townline Rd. - St. Paul Ave. - Stanley Ave " 63 Chippawa Creek Rd. - West Limit of Niagara Falls - Montrose Rd " 70 Thorold Townline Rd - Brown Rd. - Taylor Rd " 70 Taylor Rd. - Thorold Townline Rd. - North Limit of Niagara Falls 26.2 " 98 Montrose /Schihl Rd. - Southern Limit of Niagara Falls - Welland River 26.2 " 98 Montrose Rd. - Welland River - McLeod Rd " 98 Montrose Rd. - McLeod Rd. - Kalar Rd " 98 Kalar Rd. - Montrose Rd. - Mountain Rd " 100 St.Paul St. - North Limit of Niagara Falls - Mountain Rd " 101 Mountain St. - Beechwood Rd. - Portage Rd " 101 Portage Rd. - Mountain St. - Stanley Ave " 102 Stanley Ave. - Lyons Creek Rd.- Highway " 102 Stanley Ave. - Highway Niagara Townline Rd " 116 Sodom Rd. - South Limit of Niagara Falls - Main St " 420 Roberts Rd. - Stanley Ave. - Falls Rd

155 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Town of Regional Name Between Width Niagara-on-the-Lake Road No. (may be known by other names) Metres " 55 Niagara Stone Rd. - York Rd. - Concession Six Rd " 55 Niagara Stone Rd. - Concession Six Rd - Field Rd " 55 Niagara Stone Rd. - Field Rd. - Mary St " 58 Homer Rd. - Glendale Ave. - QEW South Service Rd " 61 Niagara Townline Rd. - Four Mile Creek Rd. - Stanley Ave " 70 Taylor Rd. - South Limit of Niagara-on-the-Lake - Glendale Ave 26.2 " 70 Taylor Rd. - Glendale Ave. - York St " 81 York Rd. - West Limit of Niagara-on-the-Lake - Niagara Pkwy " 83 Carlton St. - Seaway Haulage Rd. - Niagara Stone Rd " 86 Stewart Rd. - Lake Shore Rd. - Carlton St " 86 Stewart Rd. - Carlton St. - Niagara Stone Rd " 87 Lake Shore Rd. - Read Rd. - East and West Line 26.2 " 87 Lake Shore Rd. - East and West Line - Mississagua St " 89 Glendale Ave. - West Limit of Niagara-on-the-Lake - Taylor Rd " 90 Airport Rd. - York Rd. - Niagara Stone Rd " 100 Four Mile Creek Rd. - South Limit of Niagara-on-the-Lake - Johanna Dr " 100 Four Mile Creek Rd. - Johanna Dr. - Line Nine Rd " 100 Four Mile Creek Rd. - Line Nine Rd. - Line Two Rd " 100 Four Mile Creek Rd. - Line Two Rd. - Niagara Stone Rd

156 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Town of Regional Name Between Width Pelham Road No. (may be known by other names) Metres " 20 Highway 20 * - West Limit of Pelham - Lookout St " 20 Highway 20 * - Lookout St. - Haist St " 20 Highway 20 * - Haist St. - Station St " 20 Highway 20 * - Station St.. - East Limit of Pelham 35.0 " 24 Vineland Townline Rd. - South Limit of Pelham - North Limit of Pelham 30.5 " 29 Webber Rd. - Vineland Townline Rd. - Murdock St " 36 Pelham St. - South Limit of Pelham - Port Robinson Rd " 36 Pelham St. - Port Robinson Rd - Highway 20 * 20.1 " 69 Twenty Rd. - Vineland Townline Rd. - North Limit of Pelham 26.2 " 529 River Rd. - Airport Entrance - Effingham St " 529 Effingham St. - River Rd. - Webber Rd " 627 O'Reilly Rd. - South Limit of Pelham - River Rd * Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway 20. City of Regional Name Between Width Port Colborne Road No. (may be known by other names) Metres " 3 Main St. W. - West Limit of Port Colborne - West Side Rd " 3 Main St. W. - West Side Road - Welland Canal 20.1 " 3 Main St. E. - Welland Canal - Wellington Ave " 3A Mellanby Ave. - Main St. W. - Welland St " 3A Welland St. - Mellanby Ave. - Main St. E " 84 Miller Rd. - Main St. - Townline Tunnel Rd " 98 Wilhelm Rd. - Highway 3 - Forks Rd " 98 Forks Rd./ Schihl Rd. - Wilhelm Rd. - North Limit of Port Colborne

157 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS City of Regional Name Between Width St. Catharines Road No. (may be knownby other names) Metres 28 5 th St. Louth - Pelham Rd. St. Paul St. W th St. Louth - St. Paul St. W. Lakeshore Rd Martindale Rd. - Fourth Ave. Lakeshore Rd QEW North Service Rd. - West Limit of St. Catharines Third St. Louth QEW South Service Rd. - West Limit of St. Catharines Martindale Rd Ontario St. - St Paul St. King St Ontario St. - King St. Carlton St Ontario St. - Carlton St. Lakeport Rd Geneva St. - Westchester Cres.- St. Paul St Niagara St. - Geneva St. Church St Niagara St. - Church St. Lakeshore Rd Glenridge Ave. - St David s Rd. Shaver Hospital Entrance Glenridge Ave. - Shaver Hospital Entrance Lockhart Dr Glenridge Ave. - Lockhart Dr. Riverview Blvd Glenridge Ave. - Riverview Blvd. Edgedale Rd Glenridge Ave. - Edgedale Rd. Westchester Cres Pelham Rd. - West Limit of St. Catharines Glendale Ave St. David s Rd. - Merrittville Highway Highway Louth St. - Pelham Rd. St. Paul St. W Louth St. - St. Paul St. W. CN Railway Louth St. - CN Railway Fourth Ave Fourth Ave. - West Limit of St. Catharines Third St. Louth Fourth Ave. - Third St. Louth First St. Louth Fourth Ave. - First St. Louth Martindale Rd Fourth Ave. - Martindale Rd. Highway

158 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS City of St. Catharines (cont d) City of Regional Name Between Width St. Catharines Road No. (may be known by other names) Metres 77 Welland Ave. - Highway 406 Ontario St Welland Ave. - Ontario St. Geneva St Welland Ave. - Geneva St. Dunkirk Rd St. Paul St. W. /St. Paul St. - West Limit of St. Catharines William St. 26.2* 81 Queenston St. - Eastchester Ave. Cushman Rd Queenston St. - Cushman Rd. East Limit of St. Catharines Carlton St. - Ontario St Niagara St Carlton St. - Niagara St. East Limit of St. Catharines Lakeshore Rd./Main St. - Seventh St. Louth Lock St. 20.1** 87 Lock St. - Main St. Lakeport Rd Lakeport Rd. - Lock St. Ontario St Lakeshore Rd. - Lakeport Rd. Read Rd Glendale Ave. - Pelham Rd. Marsdale Dr Glendale Ave. - Marsdale Dr. East Limit of St. Catharines Westchester Cres. - St. Paul St. Queenston St Church St. - Geneva St. Niagara St William St. - King St. St. Paul St King St. - Ontario St. William St * Regional Road #81 shall be subject to further study before any road reconstruction. ** Lakeshore Road between Seventh Street and Courtleigh Road is identified for special study to determine the improvements that could be made to facilitate bicycling. 140

159 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS City of Regional Name Between Width Thorold Road No. (may be known by other names) Metres " 20 Highway 20 * - West Limit of Thorold - Provincial Highway 20 or East Limit of Thorold 35.0** " 37 Merritt Rd. - Niagara St. to Highway " 50 Merrittville Highway - South Limit of Thorold - St. David's Road 26.2 " 63 Chippawa Creek Rd. - Allanport Rd. - East Limit of Thorold 26.2 " 67 Beaverdams Rd. - Merrittville Highway - Collier Rd " 67 Beaverdams Rd. - Collier Rd. - Pine St " 67 Pine St. - Beaverdams Rd. - Highway " 70 Thorold Townline Rd. - Chippawa Creek Rd. - Taylor Rd " 71 St. David's Rd. - Merrittville Highway - Highway " 82 Allanport Rd. - Chippawa Creek Rd. - Highway " 84 Moyer Rd. - Welland River - Chippawa Creek Rd * Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway 20. ** The detailed road design may suggest that, on occasion, the road allowance width may be less than 35 metres. 141

160 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Township of Regional Name Between Width Wainfleet Road No. (may be known by other names) Metres 3 Lakeshore Rd. - West Limit of Wainfleet- Station Rd Station Rd. - Lakeshore Rd. Concession Rd Concession Rd. 1 - Station Rd. Highway Wellandport Rd. - Highway 3 Creek Rd Marshagan Rd. - West Limit of Wainfleet Creek Rd Robinson Rd. - West Limit of Wainfleet Canborough Rd Forks Rd. - Highway 3 East Limit of Wainfleet Vineland Townline Rd. - Highway 3 North Limit of Wainfleet River Rd. - North Limit of Wainfleet at Wellandport East Limit of Wainfleet Creek Rd. - Canborough Rd. - River Rd Canborough Rd. - West Limit of Wainfleet Welland River (North Limit of Wainfleet) O Reilly s Rd. - River Rd. North Limit of Wainfleet

161 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS City of Regional Name Between Width Welland Road No. (may be known by other names) Metres " 23 Forks Rd. - West Limit of Welland - Highway " 25 Netherby Rd. - Doan's Ridge Rd. - East Limit of Welland 30.5 " 27 Riverside Dr. - West Limit of Welland - Lincoln St " 27 Riverside Dr. - Lincoln St. - Prince Charles Dr " 27 West Main St. - Prince Charles Dr. - King St " 27 East Main St. - King St. - Ross St " 27 East Main St. - Ross St. - Wellington St " 27 East Main St. - Wellington St. - Highway " 27 East Main St. - Highway Moyer Rd " 27 East Main St. - Moyer Rd. - East Limit of Welland 26.2 " 27 Eastbound Ramp from Moyer Rd. - RR 84 Northbound - RR 27 Eastbound 30.5 " 29 Lincoln St. - Murdock St. - Riverside Dr " 29 Lincoln St. - Riverside Dr. - Prince Charles Dr " 36 South Pelham Rd. - Lincoln St. - North Limit of Welland 26.2 " 41 Woodlawn Rd. - South Pelham Rd. - Mall Entrance 26.2 " 41 Woodlawn Rd. - Mall Entrance - Highway " 50 Niagara St. - West Main St. - Thorold Rd " 50 Niagara St. - Thorold Rd. - North Limit of Welland 26.2 " 54 Prince Charles Dr. S. - Highway 58 - Lincoln St " 54 Prince Charles Dr. N. / Rice Rd. - Lincoln St. - Woodlawn Rd " 68 King St. - Division St. - East Main St " 84 Miller Rd. - Townline Tunnel Rd. - Netherby Rd " 84 Doans Ridge Rd - Netherby Rd. - East Main St " 84 Moyer Rd. - East Main St. - Welland River 30.5 " 525 Townline Tunnel Rd. - Highway Netherby Rd " 525 Keefer Rd.(link road) - Townline Tunnel Rd. - Miller Rd " 527 Division St. - West Main St. - Burgar St

162 SECTION NINE TRANSPORTATION ROAD ALLOWANCE WIDTHS Township of Regional Name Between Width West Lincoln Road No. (may be known by other names) Metres " 2 Caistorville Rd. - South Limit of West Lincoln - Bismark Rd " 9 York St. - West Limit of West Lincoln - Caistorville Rd " 12 Grimsby Rd. - Highway 20 * - North Limit of West Lincoln 26.2 " 14 Smithville /Townline Rd. - West Limit of West Lincoln - Canborough St " 14 Canborough / Station St./ Thirty Rd. - Townline Rd. - North Limit of West Lincoln 26.2 " 20 Highway 20 * / West St. - West Limit of West Lincoln - S. Grimsby Rd " 20 West / Griffen / St. Catharines St. - S Grimsby Rd. 5 - Townline Rd " 20 Highway 20 * - Townline Rd. - East Limit of West Lincoln 35.0 " 24 Vineland Townline Rd. - South Limit of West Lincoln - North Limit of West Lincoln 30.5 " 27 Wellandport Rd. - Highway 20 * - South Limit of West Lincoln 26.2 " 63 Canborough Rd. - South Limit of West Lincoln - Vineland Townline Rd " 65 Bismark Rd. - West Limit of West Lincoln - Wellandport Rd " 69 Twenty Mile Rd. - Highway 20 * - Vineland Townline Rd " 73 Mud St. West and East - West Limit of West Lincoln - East Limit of West Lincoln 26.2 * Regional Road # 20 is under the jurisdiction of Regional Niagara but retains the name Highway

163 SECTION NINE TRANSPORTATION 9.B Public Transit Policy 9.B.1 Policy 9.B.2 Policy 9.B.3 Policy 9.B.4 Policy 9.B.5 Policy 9.B.6 Policy 9.B.7 The provision of local and long distance public transit facilities is presently the responsibility of other jurisdictions. The Region will support measures to improve all public transit services. Such support can include representation respecting routing, fares, subsidies, etc., to appropriate Provincial agencies, and on street improvements designed to facilitate transit operations on Regional roadways. A Regional Public Transit Committee shall be formed to investigate and make recommendations with respect to the selection of an appropriate role for the Region in the public transit field and any legislative or organizational changes which may be required to permit the Region to assume its recommended responsibilities. Planning of new development areas shall take into consideration bus route planning and pedestrian accessibility to routes. Planning of major transportation corridors shall include serious consideration to future public transit potential and the provision of a separate right-of-way for such use within the highway right-of-way. Local official plan studies and Regional and local transportation studies shall include consideration of short and long-term public transit aspects. The Region will take all possible steps to assist municipal Transit Commissions to obtain adequate Provincial financing for the purpose of improving bus services, equipment and terminal facilities and for experimental public transit systems. As a means of co-ordinating and optimizing the use of public bus services, the Region will promote close co-operation between transit operators and local Boards of Education. 9.C Railroads Policy 9.C.1 Policy 9.C.2 The Region will support the continued improvement of rail facilities for the movement of passengers and goods throughout the Region. Where desirable, the Region will initiate studies of the rail system to develop proposals for their future use and to resolve current problems. Such studies would include consideration of: the possible removal of rights-of-way from urban centres, a rail system and terminals for long-term development for both passengers and freight, the elimination or protection of grade level crossings, the possible use of existing rail lines for rapid transit, 145

164 SECTION NINE TRANSPORTATION 9.D Airports the feasibility of using rail rights-of-way for other uses such as pipelines, hydroelectric transmission lines, or new roads, and the feasibility of using abandoned rights-of-way for other uses. Policy 9.D.1 Policy 9.D.2 Policy 9.D.3 The Region will encourage the development of aircraft facilities to serve Regional commercial, recreation and private air transportation needs which are compatible with all the other policies of this Plan. In the development or evaluation of airport proposals, the prime considerations will be appropriate land use, adequate access and a minimum of interference with the natural and community environment. The Region will encourage and promote consultation among the various levels of government in the planning of future airport facilities. 9.E Welland Canal The channels and locks of the Welland Canal are operated as a major transportation artery of national and international importance. The Region recognizes this larger role but will seek liaison with the St. Lawrence Seaway Authority to minimize conflicts between the national purpose and the objectives of the local municipalities along the Canal corridor. Regional land use planning policies recognize the "barrier" influence of the Canal channel on development areas and the movement of land traffic. Policy 9.E.1 The Region will seek a formal liaison role with the St. Lawrence Seaway Authority and other Federal and Provincial agencies involved to identify mutual interests and to act on behalf of the local municipalities. The intent of this liaison role is to achieve the objectives of the local municipalities, the Niagara Region and the St. Lawrence Seaway Authority without interfering with the basic function of the Canal. 9.F Bicycling Regional Niagara has shown a substantial commitment to, and support of, bicycling. Particular initiatives have included: Preparation and adoption of the Regional Niagara Bicycling Study (1995), including the identification of a Regional Niagara Bicycling Network. Formation of a Regional Niagara Bicycling Committee with separate Task Forces focused on Encouragement, Engineering, Education, Enforcement, and Policy Development. Creation of about 90 kilometres of bicycling facilities between 1995 and 1999, with about 24 kilometres being completed in 1999 alone. 146

165 SECTION NINE TRANSPORTATION Promotion of Niagara as a tourism destination for bicycling. Recognition of bicycling activity as part of a healthy lifestyle. Since bicycling is a legitimate means of transportation and its associated facilities are related to the physical environment, the following objectives and policies are added to the Regional Policy Plan to reflect the community s aspirations and priorities. Objectives for Bicycling Objective 9.F.1 Objective 9.F.2 Objective 9.F.3 Objective 9.F.4 Objective 9.F.5 Objective 9.F.6 Objective 9.F.7 Objective 9.F.8 Objective 9.F.9 To encourage bicycling and work towards a safe, bicycle-friendly environment in Niagara to enhance the overall quality of life. To promote safety through bicycling education and enforcement initiatives. To recognize and support bicycling as a legitimate and an environmentally sustainable form of transportation for utilitarian and recreational purposes. To promote bicycling as part of Niagara s tourism experience in partnership with the Niagara Economic and Tourism Corporation, the private sector and other agencies. To develop and support a Regional Niagara Bicycling Network (Bicycling Network) and related infrastructure that is planned, designed, constructed, and maintained according to recognized standards and/or guidelines. To consider and incorporate bicycling in the Region s land use and transportation planning activities. To encourage and assist local municipalities to adopt and support bicycle-friendly initiatives where appropriate and to develop bicycle facilities which connect with the Bicycling Network. To encourage and help ensure the integration of other bicycling facilities with the Bicycling Network such as the Waterfront Trail, the Welland Canals Parkway Multi-Use Trail, the Trans Canada link Trail and other networks outside of Niagara. To maximize the annual improvements for bicycling with the aim of completing major continuous segments of the Bicycling Network in as timely a manner as possible. Policies The Regional Municipality of Niagara will: Policy 9.F.1 Continue to maintain, support and encourage the activities of the Regional Niagara Bicycling Committee as an advisory sub-committee of the Public Works and Utilities Committee; with membership consisting of political, public, appropriate agencies and Regional staff 147

166 SECTION NINE TRANSPORTATION representation; and, to undertake the tasks related to the above objectives. Policy 9.F.2 Policy 9.F.3 Policy 9.F.4 Policy 9.F.5 Policy 9.F.6 Policy 9.F.7 Policy 9.F.8 Ensure implementation of the overall Bicycling Network shown on the map titled Regional Niagara Bicycling Network where it follows Regional Roads, and facilitate the implementation elsewhere, with continuous and safe linkages through the Capital Works and related programs, other agencies and partnerships (e.g. Welland Canals Parkway Multi-Use Trail, Niagara Parks Commission, Ministry of Transportation, Railways, Transport Canada and other jurisdictions). Where the Regional Niagara Bicycling Network is proposed on a local municipal road, the Regional Municipality will be responsible for funding of the bicycling facility, subject to Regional Council approval. If these funds are not available, the local municipality may proceed with capital works without the bicycling facility. Provide the Regional Niagara Bicycling Committee with the approved annual Regional roads rehabilitation and construction program as well as the capital works program for sewer and water works to examine and to provide recommendations on bicycling-related works subject to overall considerations (e.g. budgetary, stakeholder, property) identified by the Regional Public Works and Utilities Committee. Adopt provincially and/or nationally recognized engineering standards as guidelines to assist in the planning and design of bicycle facilities on the Bicycling Network. Prior to the design and construction of a bikeway or facility, safety and operational matters will be considered as well as the cultural, scenic and other environmental attributes through which the designated routes pass. Outside urban areas, off the Bicycling Network, an attempt will be made to continue the current practice of providing an extra 0.5 metres of paved shoulder along Regional roads where possible. Request that local municipalities and other agencies plan and develop bicycle routes and facilities, and that these organizations and utility companies consider provisions for the safe and convenient use of bicycles in their planning documents and in their proposed capital works. Support and assist in the protection of abandoned rail and other linear corridors for off-road trails; recommend that the local municipalities consider the various means to protect and/or acquire such corridors; and, request that local zoning by-laws contain minimum provisions for safe and secure bicycle parking in high activity areas and at public buildings. Recognize that bicycling routes located on private property will only remain open with the approval of the property owner. 148

167

168 SECTION 10 SECTION 10 Community Services and Facilities

169 SECTION TEN COMMUNITY SERVICES 10. Community Services and Facilities This section was deleted from the Plan in its entirety and placed in the appendices by the Minister of Housing on June 16,

170 SECTION 11 SECTION 11 Finance

171 SECTION ELEVEN FINANCE 11. Finance Financial planning at the Regional and local level is dependent on a variety of grants from the Provincial government. The constantly changing nature of these Provincial subsidies makes financial planning by municipalities, on even a short term basis, a difficult and uncertain prospect. The major source of municipal government income is the property tax. The property tax is becoming increasingly inadequate and inequitable as a basis for local taxes, given the growing scale and complexity of urban problems and responsibilities. Policies for Finance Policy 11.1 Policy 11.2 The Region supports greater emphasis by the Province on unconditional grants in order that the Region will be better able to establish and implement its own budget priorities. Priorities for the provision of capital works will be set out in a five year capital budget forecast. The formulation of this budget should be a cooperative effort with other departments in the Region and the local municipalities and must reflect the policies and priorities set out in this Plan. 151

172 SECTION 12 SECTION 12 Implementation

173 SECTION TWELVE IMPLEMENTATION 12. Implementation The Policy Plan, together with its policies, operates under a legal and procedural umbrella which defines the limits within which a municipality is permitted to act. The various planning powers and responsibilities of the Region are set out in Ontario Provincial legislation - three of the more important examples being: The Regional Municipality of Niagara Act, The Municipal Act and the Planning Act. The ability to implement the objectives and policies in this Plan is dictated by the content and scope of these pieces of legislation. However, on a day-to-day basis the Plan is implemented through various projects and programs instituted by the different levels of government and by private interests. The Regional Plan, therefore, is essentially a means of guiding short range public and private actions on a region wide scale according to long range considerations of the public interest, and is intended to assist in the creation of conditions within which the private market and public authorities can function most effectively. The Plan is to be reevaluated periodically as needs and desires change. It is intended that this Plan be read in its entirety as existing and proposed land uses may be subject to policies within different sections of the Plan. Where multiple policies apply, these are to be applied in either a cumulative or integrated manner, such that all of the policies that relate to a matter are addressed, with the more specific or restrictive policy applying where there are conflicts. Policies are not meant to be read in isolation of the rest of the policies, both general and specific. Objectives for Implementation Objective 12.1 Objective 12.2 To have planning responsibilities and authority for particular matters borne by the level of government best suited to the particular task. To promote co-operation and co-ordination of planning responsibilities among each of the area municipalities, between the area municipalities and the Region and with adjacent Regions and municipalities. Policies for Implementation Policy 12.1 Policy 12.2 Policy 12.3 It is intended that local official plans will be in agreement with and will complement and detail the broad policies contained in the Regional Plan. It is further intended that the initiative for proposing detailed policies, together with maps and written text on matters of local concern, including land use, transportation, recreation, servicing and phasing, will be the responsibility of local municipalities. In accordance with the provisions of the Planning Act, 1990, every official plan and every zoning by-law in effect in the Region shall be amended to conform to the Regional Plan. The Region will provide all assistance possible to local municipalities to bring local official plans and zoning by-laws into conformity with the Regional Plan. It is further understood that the responsibility for bringing local official plans and zoning by-laws into conformity with the 152

174 SECTION TWELVE IMPLEMENTATION Policy 12.4 Policy 12.5 Policy 12.6 Regional Plan is considered a joint local, Regional and Provincial responsibility. The Region will consult with the Province and with the local municipalities to determine the best method for achieving conformity among the Regional Plan and the local official plans and zoning bylaws. The Regional Plan, upon receipt of Ministerial approval, shall be binding on all local and Regional agencies and departments, and shall prevail when it is at variance with existing local official plans. In Unique Agricultural Areas expansions to existing buildings and structures, accessory structures and uses, and/or conversions of legally established existing uses which bring the use more into conformity with this Plan, are permitted subject to a demonstration of the following: New municipal services are not required; and The use does not expand into key natural heritage features and key hydrological 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. Other policies affecting lands outside the Unique Agricultural Areas notwithstanding, this plan shall not prohibit the continued operation of legally established residential, industrial, business, agricultural, and institutional facilities. Further, this Plan shall not prohibit the reasonable expansion or change in the use of such facilities provided Urban Area Boundaries are not superseded; the expansion does not involve a major intensification of land use; or result in the intrusion of new incompatible uses; and subject to: (1) the need and desirability of the operation; (2) regard for environmental, agricultural, and other policies of this Plan; (3) compatibility with existing surrounding uses; (4) access and servicing requirements being met; and (5) no additional municipal services being required. Further policies guiding the continued operation and possible expansion of such existing uses should be included in local official plans. In addition, within the Niagara Escarpment Plan area, the Niagara Escarpment Plan Policies in Section 7.H apply to existing uses. Policy 12.7 Policy 12.8 The Region accepts that local official plans may be more detailed and comprehensive in their various policies and maps while still complying with this Plan. The Region encourages the preparation by local municipalities of secondary plans (neighbourhood plans, urban renewal plans, etc.) as detailed planning guides for parts of municipalities. These plans should be made available to the public for their information and to the Region for informal comment but need not have any official status. 153

175 SECTION TWELVE IMPLEMENTATION Policy 12.9 Policy Policy The Region will prepare and request the use of standard terminology and presentation formats for local zoning by-laws and local official plans. In order to assist in reducing the costs of housing incurred through the development approval process, the Region will support all measures necessary to expedite the development approval process, including strict time limits on subdivision approval and registration procedures. Although recognizing the possibility of causing delay in the planning process, the Region supports: (a) (b) (c) greater regard for design and environmental features in subdivision approvals; adequate provision for public information and public input; and the use of "site plan agreements" by municipalities in order to better control and regulate the quality of development proposals. Policy Policy Policy Policy The Region supports reviews or assessments of this Plan at regular intervals. The Region expects that local official plans will provide policies to recognize and regulate the various clusters of subdivision type development which already exist outside urban areas and are not included in the provisions for such uses as hamlets, lakeshore residential and estate residential, but such policies shall not encourage or extend strip development along Provincial, Regional or local roads. The local official plan or an amendment thereto must identify and designate any such cluster within which additional development may occur, and define the boundaries of the existing development, the intentions of the area municipality with respect to the provision of services (particularly piped services, if any), and the policy for allowing infilling, if any, on vacant lands within the existing cluster. The permitted infilling should not create any potential additional conflict or strengthen any existing conflict with adjacent agricultural uses, and should be small in quantity. Nothing in this Plan shall prohibit some continued residential development at low density to a depth of 140 metres (450 feet) along the west side of the Niagara Parkway in the City of Niagara Falls from the former village of Chippawa southerly to the northerly boundary of the Town of Fort Erie, but recognizing that the precise form and location of such additional development shall be determined jointly by the City and the Region. Notwithstanding other policies of this Plan, the industrial area along both sides of Webber Road between Cream and Effingham Streets so designated in the approved Official Plan of the Town of Pelham may be developed and used in accordance with the policies of that Official Plan. 154

176 SECTION TWELVE IMPLEMENTATION Policy Policy Policy Policy Notwithstanding other policies of this Plan, the head office and manufacturing facility of E.S. Fox Ltd. and its affiliated companies or successors are permitted on their lands consisting of approximately 33 hectares (84 acres) located on part of Lots 214 and 215 in the City of Thorold. Notwithstanding other policies of this Plan, the lands being comprised of approximately 2.83 hectares (6 acres) at the southwest corner of Lundy's Lane and Garner Road in the City of Niagara Falls may be used for tourist commercial and open space uses. Notwithstanding other policies in this Plan, an Islamic Cemetery is permitted on a 2 hectare (5 acre) site on the north side of Yokom Road, east of Conrail line in the City of Niagara Falls (part of Lot 7, Concession IV, former Township of Crowland). Notwithstanding other policies in this Plan, a golf course with clubhouse is permitted on a hectare ( acre) site located on the following lands. Firstly: Part of Lots 9 and 10, Concession 7, designated as Part 1, Plan 30R-6376 formerly in the Township of Louth, County of Lincoln now in the Town of Lincoln, Regional Municipality of Niagara; SAVE and EXCEPT that Part of Lot 9, Concession 7, designated as Part 1, 30R Secondly: Part of lot 8, Concessions 6 and 7, and Part of the Road Allowance between Concessions 6 and 7 through Lot 8, designated as Parts 1, 4, 5, and 6, Plan 30R-6375, in the Town of Lincoln, in the Regional Municipality of Niagara. Policy Lands in the City of Niagara Falls consisting of some 15 hectares (38 acres) located north of Mountain Road, south of the CNR line, west of St. Paul Avenue, and east of the Calaguiro Estates property must be developed together in a manner satisfactory to the Region and the City of Niagara Falls so as to improve the appearance of the former sand pit. Policy Notwithstanding other policies in this Plan, a high school and church on full municipal services are permitted on a site of above 8 hectares (20 acres) excluding the portion of the property fronting on Kerman Avenue located on part of Lot 13, Concession 1 and 2, southwest of the intersection of Livingston Avenue and Kerman Avenue in the Town of Grimsby. Policy Notwithstanding other policies in this Plan, a church is permitted on a.5 hectare (1.3 acre) site located on the east side of Rice Road and north of Port Robinson Road in the Town of Pelham (Part Lot 165, former Township of Thorold). Policy Notwithstanding other policies in this Plan, a municipal cemetery is permitted on a site consisting of approximately 4 hectares (10 acres), located east of Mountain Road and north of Elm Tree Road East in the Town of Grimsby. 155

177 SECTION TWELVE IMPLEMENTATION Policy Policy Policy Policy Policy Policy Policy Policy Policy Notwithstanding other policies in this Plan, a residential dwelling is permitted on a site consisting of about.4 hectare (1 acre) being part of Lot 168, Registered Plan M-1 in the former Township of Niagara and located on the west side of Creek Road near Wall Road in the Town of Niagara-on-the-Lake. Notwithstanding other policies in this Plan, the extension of a sanitary sewer approximately 200 feet south along Station Street from Second Avenue in the Town of Lincoln to service one single detached dwelling on a 2.8 acre property is permitted. Notwithstanding other policies in this Plan, a golf course, with related golf club facilities is permitted on a 111 hectares (275 acres) parcel located on the following lands. Firstly: Part of Lots 2, 3, and 4, Concession 10, in the Town of Niagara-on-the-Lake, Regional Municipality of Niagara. Secondly: Part Lot 1, in the City of Thorold, in the Regional Municipality of Niagara. Thirdly: Part Gore Lots 10 and 11 in the City of Niagara Falls, in the Regional Municipality of Niagara. Lastly: Part Lot 5, Concession 10, in the City of St. Catharines, in the Regional Municipality of Niagara. Notwithstanding other policies in this Plan, a golf course is permitted on a site consisting of about 31 hectares (76 acres) and located on Part of Lots 259, 260, and 260 Broken Front Concession, former Township of Thorold, now in the City of Welland. Notwithstanding other policies in this Plan, a golf course is permitted on a site consisting of about 55 hectares (135 acres) and located on Part of Lot B and C on the Eastern Gore and Part of Lots 1 and 2, Concession 2 and Part of Lot C, Concession 3 situated between the "bench face" and the Niagara Escarpment in the Town of Grimsby. The lands described in Amendment 61 (Meadowood Estates area) to the Regional Policy Plan involving a 9.40 acre expansion to the Urban Area for Beamsville in the Town of Lincoln include a 2 metre strip of open space owned by the Town of Lincoln and inside the Urban Area along the northern boundary of the expansion area, in order to establish a clear and identifiable Urban Area Boundary. Notwithstanding other policies in this Plan, an asphalt manufacturing facility is permitted on parts of Lots 28 and 15, on the east side of the Third Welland Canal, in the City of Thorold. Notwithstanding other policies in this Plan, a municipal sports park is permitted on a site consisting of about 17 hectares (43 acres) and located south of Fly Road and east of Mountain Road on part of Lot 18, Concession 7, in the former Township of Clinton, now in the Town of Lincoln. Notwithstanding any other Policies in this Plan, an Elementary School, a High School and related recreational facilities for the Niagara Reformed Christian Association School are permitted on a 20 acre site on the south side of Fourth Avenue, part of Lot 18, Concession 4, 156

178 SECTION TWELVE IMPLEMENTATION former Township of Louth. Connections to municipal water lines and sewer lines are also permitted. Policy Other policies in this Plan notwithstanding, a day camp use including a picnic pavilion, washroom facility, and playing fields involving approximately 2 hectares (5 acres) on the northern upland portion is permitted on the parcel of land consisting of approximately 57 hectares (140 acres) and located on Kilman Road on Part of Lots 7 and 8, Concession 5 in the Town of Pelham provided: (a) (b) (c) (d) (e) day campers are limited to no more than 50 people a day, non-agricultural buildings and structures are limited to a picnic pavilion and a 4500 litre/day washroom facility, uses on the site, excluding the approximately 2 hectare (5 acre) parcel on the upland portion, are to be limited to agriculture, conservation, nature viewing, and walking trails, overnight camping is not permitted, and recreation uses and development on the site shall be in accordance with the policies of the Niagara Escarpment Plan. Policy Policy Notwithstanding other policies in this Plan, three residential dwellings are permitted with municipal water and sewer services on a 2.6 acre parcel located at 370 Martindale Road in the City of St. Catharines. Notwithstanding other policies in this Plan, a golf course is permitted on a site consisting of about 40 hectares (96 acres) and located north of Carl Road east of Moyer Road (Regional Road 84) and west of an unopened road allowance in the City of Welland. To minimize the impact of the golf course upon surface water resources, the development of the golf course, and all facilities associated with the golf course, shall be in accordance with the Ministry of the Environment and Energy s Stormwater Management Practices Planning and Design Manual, June Policy Policy Policy Notwithstanding other policies in this Plan, a church with a connection to a municipal waterline is permitted on a site consisting of about 0.8 hectares (2 acres) and located between Old Martindale Road and Martindale Road in the City of St. Catharines. Notwithstanding other policies in this Plan, a church is permitted on a site consisting of about 3 acres and located on Quaker Road to the west of Rice Road in the City of Welland. Notwithstanding other policies of this Plan, a concrete batching plant is permitted on a site consisting of about 1.8 hectares (4.5 acres) and located west of Davis Road and south of Old Thorold Stone Road in the City of Thorold. 157

179 SECTION TWELVE IMPLEMENTATION Policy Policy Policy Notwithstanding other policies in this Plan, a recreational club containing up to 2,500 square feet of buildings is permitted on a site of about 10 hectares (25 acres) at the northeast corner of Lundy s Lane and Townline Road in the City of Niagara Falls, with the buildings to be located to the west of the Ministry of Transportation of Ontario s designated right-of-way, and the remainder of the site east of the right-of-way to be used only for picnics. Notwithstanding other policies in this Plan, a church is permitted with municipal water and sanitary sewer services on a site of about 2.48 hectares (6 acres) located south of Fourth Avenue, east of Nineteenth Street in part of Lot 18, Concession 4, in the former Township of Louth now in the Town of Lincoln. Notwithstanding other policies this Plan, a golf course with related golf club facilities is permitted on a site of about 140 acres consisting of parts of Lots 9, 10, 11 and 12, Concession 7, former Township of Willoughby, City of Niagara Falls provided there is no development within the Wetland, all tees and greens are outside the floodline for Lyon s Creek as registered by the Niagara Peninsula Conservation Authority, all stormwater is collected and contained within the golf course lands above the floodline, and water is not taken from Lyon s Creek for the operation of the golf course. A 15 metre naturally vegetated buffer shall be established between the development and Lyon s Creek and the Wetland to be implemented through a restrictive zoning designation. Furthermore, stormwater management for the golf course shall be designed in accordance with the Stormwater Management Practices Planning and Design Manual, June All watertakings, including the creation of ponds, in excess of 50,000 litres/day will require a Permit to Take Water pursuant to the Ontario Water Resources Act. The approval of any associated facilities such as a club house shall be subject to the satisfaction of all requirements of the Regional Public Health Department to ensure that all matters related to potable water and sanitary sewage treatment are addressed. Policy Policy Notwithstanding other policies and provisions in the Regional Policy Plan to the contrary, a golf course expansion is permitted to the existing Peninsula Lakes Golf Course on a hectares (34.5 acres) site located on Part Lot 12, Concession 7, in the Town of Pelham, west of Cream Street and south of Tice Road. No built structures requiring private sewage treatment facilities are permitted on the expansion site. Notwithstanding other policies in this Plan, the following Non-Farm Rural Areas and Service Commercial Areas are permitted on private services subject to the more detailed descriptions and policies contained in the Town of Niagara-on-the-Lake Official Plan. (a) Non-farm Rural Areas on lands located on either side of Firelane 14 (McNab Road) north of Lakeshore Road and east of Eight Mile Creek. 158

180 SECTION TWELVE IMPLEMENTATION (b) Lands on either side of Four Mile Creek Road, south of Lakeshore Road and extending north and south of Wall Road. (c) Lands located west of Four Mile Creek Road, south of Virgil and north of Line 3. (d) Lands located north of Queenston on either side of the Niagara Parkway to a point just north of Line 8, (Crysler Road). (e) Lands generally north and south of Queenston Road between the Glendale Urban Area east to St. David s and including lands located west of Concession 7 Road, south of Queenston Road. (f) Lands located in the Homer area north of Niagara Stone Road (Regional Road 55) and south of Eastchester Road, and (g) Service Commercial Areas on lands located west of the Glendale Urban Area between Queenston Road and the QEW, and (h) Lands located west of St. David s on the north side of Regional Road 81. Policy Policy Policy Policy Notwithstanding other policies in this Plan, airport uses and commercial uses as set out in the Niagara-on-the-Lake Official Plan are permitted on the Niagara District Airport property as designated in the Niagaraon-the-Lake Official Plan. Notwithstanding other policies and provisions in the Regional Policy Plan to the contrary, a recreation/meeting hall and kitchen facility with a maximum total size of 3100 square feet is permitted on a site of about 10 hectares (25 acres) located on the northeast corner of Lundy s Lane and Townline Road in the City of Niagara Falls. Any buildings must be located to the west of the Ministry of Transportation of Ontario designated right-of-way for the Highway 20 By-pass and the remainder of the site east of the right-of-way used only for picnics. Furthermore, no development shall take place within the registered floodplain area of Beaverdams Creek. The entrance to the development must be relocated to the south in a location satisfactory to the Regional Public Works Department and to the Ministry of Transportation when the highway is constructed. Use of the recreation hall will be limited to 100 seated persons. The number 100 is based on the capacity of the existing private septic system. If an expanded system is approved by the Regional Public Health Department, then the number of persons can be increased to the capacity of the expanded system. Notwithstanding other policies in this Plan, a golf course is permitted on a site consisting of approximately 35 hectares (87 acres) located on the north side of River Road, west of South Pelham Road in the City of Welland. Notwithstanding other policies in this Plan, a golf course and driving range is permitted on a site consisting of about 16.2 hectares (40 159

181 SECTION TWELVE IMPLEMENTATION acres) located on part of Lot 121 in the former Thorold Township now in the City of Thorold, north of Regional Road 20. Policy Policy Policy Notwithstanding other policies and provisions in the Regional Policy Plan to the contrary, Phase 1 of a Township of West Lincoln Leisureplex consisting of approximately 16 hectares (39.5 acres) and located on the northeast corner of Regional Road 14 and south Grimsby Road 6, west of Smithville in the Township of West Lincoln is permitted. The Leisureplex consists of a variety of active and passive recreational uses as further defined in the Township of West Lincoln Official Plan and Zoning By-law for the site. Notwithstanding other policies in this Plan, an expansion to the existing Country Lane Golf Course is permitted on an approximately 19.5 hectare (48 acre) site located on the east side of Sherk Road, south of Second Concession Road, on Part Lot 12, Concession 2 in the City of Port Colborne. Notwithstanding other policies in this Plan, the following Highway Commercial and Rural Clusters are permitted on private services subject to the more detailed descriptions in the Township of West Lincoln Zoning By-law and the policies contained in the Township of West Lincoln Official Plan: A Rural Cluster located on the north and south sides of Regional Road 65 midway between Abingdon and Plazek Auto Recyclers Limited. A Rural Cluster east of Boyle along Canborough Road near Vineland Townline Road (Regional Road 24) and a portion of the west side of Vineland Townline Road (Regional Road 24) near Canborough Road. A Rural Cluster situated along Regional Road 12 (Grimsby Road) north of Regional Road 20 and the Highway Commercial designation. On the west side of Regional Road 12, the Cluster extends to the Hydro corridor. On the east side of Regional Road 12, the Cluster extends north of the Highway Commercial designation to the last of a group of three dwellings south of the livestock barns. A Highway Commercial designation located north of Regional Road 20 at Regional Road 12 and south of the Rural Cluster. A Rural Cluster (Kimbo) located along Regional Road 20 east and west of South Grimsby Road 10. A Highway Commercial designation located south of Regional Road 20 at South Grimsby Road 10 at the centre of the Kimbo Rural Cluster. 160

182 SECTION TWELVE IMPLEMENTATION A Rural Cluster designation located on the east side of Westbrook Road and south of Regional Road 65 in the Township of West Lincoln. Policy Policy Policy Policy Policy Policy Policy Notwithstanding the provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, a soccer and slo-pitch sport and recreation facility with connections to municipal water and sanitary sewage services is permitted on a 37 hectare (92-acre) site located west of the former Mountain Road Landfill, east of Mewburn Road and south of the CNR line in the City of Niagara Falls. Notwithstanding other policies in this Plan, a seniors long-term care facility is permitted on municipal services outside the Provincially Significant Draper s Creek Wetland on lands of about 1 hectare (2.5 acres), being part of Lot 1, Concession 10 in the former Township of Pelham and located on the west side of South Pelham Road in the Town of Pelham immediately north of the Pelham-Welland municipal boundary. Notwithstanding other policies in this Policy, a municipal fire station is permitted on a site consisting of approximately 0.6 hectares (1.4 acres) and located on the south side of R.R. 55 (Niagara Stone Road), west of Concession 6 Road and north of Line 3 Road in the Town of Niagara-on-the-Lake. Furthermore, the fire station is to be connected to piped municipal water and sanitary sewer facilities. Notwithstanding the provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, a church is permitted on private water and private sewage treatment services on a 4.03 ha (10- acre) site located east of First Street Louth, north of Rykert Street, and west of a Hydro right-of-way in the City of St. Catharines. Notwithstanding other policies in this Plan, a tent rental service is permitted on a site consisting of about 0.9 hectares (2.3 acres) and located on part of Lot 15, Concession 8 in the former Township of Pelham, now in the Town of Pelham, on the east side of Maple Street south of Regional Road 20. Notwithstanding other policies in this Plan, a golf course and a golf practice area are permitted on a 79 hectare (195 acre) site located on the south side of Grassy Brook Road, on parts of Lots 5 and 6, BF Concession in the former Township of Crowland, now in the City of Niagara Falls. The Region as the approval authority for local official plans may exempt some local official plan amendments from Regional approval. Local official plan amendments to be considered for exemption will be of local interest only, not extensive or comprehensive in nature and not involving a change to the municipality s urban area boundaries. Only those amendments which satisfy the following criteria are eligible for exemption: 161

183 SECTION TWELVE IMPLEMENTATION The amendment must be site specific and/or minor in size and nature, The amendment conforms to the Regional Policy Plan and has regard to the Provincial Policy Statement, The amendment does not impact on any adjacent municipality or conflict with the Niagara Escarpment Plan, and does not require new Regional financing or servicing, The amendment complies with the Region s financial and servicing strategy, The amendment incorporates any concerns or modifications recommended by the Region to address Regional or Provincial concerns, and Any subsequent changes made to the local official plan amendment by the local Council in adopting the amendment do not conflict with the Regional Policy Plan or previous requirements by the Region. All amendments will be subject to preconsultation with the Region and subsequently submitted to the Region in draft form with supporting information in sufficient time to allow consideration and possible exemption based on the criteria set out above. Policy Policy Policy Policy Notwithstanding other policies in this Plan, a golf practice facility is permitted on a site consisting of about 9.3 hectares (23 acres) and located on part of Lot 4, Concession 7 in the former Township of Pelham, now in the Town of Pelham, south of Tice Road and west of Lookout Street. The severance of two existing dwellings from the property is also permitted. Notwithstanding other policies in this Plan, a golf course, driving range and accessory facilities are permitted on a site consisting of about 64.9 hectares (160 acres) located on part of Lots 19 and 20, and part of the road allowance between Lots 19 and 20, Concession 3, in the former Township of Pelham, now in the Town of Pelham, on the east side of Regional Road 24. Notwithstanding the provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, an expansion to an existing community sports park, (Fenwick Centennial Park) consisting of about 10.2 hectares (25.3 acres) is permitted on a site located east of the existing park at 999 Church Street in the community of Fenwick in the Town of Pelham. Notwithstanding the provisions of Section 6, Agricultural and Rural Areas Policies in the Regional Policy Plan, a church is permitted on a site located on the west side of Woolverton Road, north of the community of Grassie in the Town of Grimsby. The Town of Grimsby 162

184 SECTION TWELVE IMPLEMENTATION through its Official Plan should restrict the designation of the site to only those lands required for the church and a modest playing field in order to encourage as much of the remaining property as possible to be used for agricultural purposes. Policy Policy Policy Policy Policy Notwithstanding the provisions of Section 6, Agricultural and Rural Areas, a church with a rectory is permitted on a site located east of Boyle Road and north of Canboro Road, in the Township of West Lincoln. Only those portions of the overall property required for the church, parking, stormwater management and a rectory should be designated in the Township of West Lincoln Official Plan in order to encourage as much of the remaining property as possible to be used for agricultural purposes. Notwithstanding the provisions of Section 6, Agricultural and Rural Areas Policies in the Regional Policy Plan, a 21-bedroom inn and a 40-seat restaurant in an existing building in combination with a minimum of 12 acres of vinifera grapes, are permitted on a 6.8- hectare (16.76-acre) site located at Niagara River Parkway, south of John Street in the Town of Niagara-on-the-Lake. Vehicular access to the site is to be provided from John Street only. Notwithstanding the provisions of Section 6, Agricultural and Rural Areas Policies in the Regional Policy Plan, a golf course is permitted on a site located on a 22 hectare (54.4 acre) parcel located west of Morris Road, south of Grassy Brook Road and north of Biggar Road in the City of Niagara Falls. No portion of the golf course is permitted within the woodland on the site or within a natural buffer area at least 15 metres on either side of the top of the bank of Grassy Brook Creek and Lyon s Creek. Notwithstanding the provisions of Section 6, Agricultural and Rural Areas, several mini soccer fields extending no more than 45 metres west of the Urban Area Boundary into the 60 metre hydro corridor are permitted on a site located immediately west of the Club Roma property on Vansickle Road in the City of St. Catharines. Notwithstanding the land use provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, a contractor s shop and yard with ancillary offices in a Good General Agricultural Area is permitted. The 1.1 hectare (2.72 acre) site is located at the northeast corner of McKenney Road and Biggar Road, in the City of Niagara Falls, Part of Lot 8, and Concession Broken Front. Policy Notwithstanding the land use policies contained in Section 6 Agriculture and Rural Areas in the Regional Policy Plan, a 9 hole expansion to the existing Sparrow Lakes Golf Course is permitted on about a 24 hectare (60 acre) site located to the west of the existing course on two parcels to the north and south of River Road on part Lot 2 Concession 14 and part of the road allowance between Lots 1 and 2, Concession 14 in the Town of Pelham. The golf course development is not permitted in the wooded area found on that portion of the northern parcel north of River Road. 163

185 SECTION TWELVE IMPLEMENTATION Policy Policy Policy Policy Notwithstanding the provisions contained in Policy 6.A.9.1 in the Regional Policy Plan, a consent to sever about a 1.35 acre residential infilling lot located at 3756 Bertie Street in the Town of Fort Erie is permitted. Notwithstanding the land use provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, wind turbines are permitted on three (3) sites, with no more than 3 wind turbines per site, to a total of no more than eight (8), with each wind turbine taking approximately an acre of land in the Township of Wainfleet. The first site of approximately 140 hectares (346 acres) is between Braun Road and Station Road (Regional Road 3), north of Lakeshore Road and south of the abandoned CN Rail line. The second site of approximately 126 hectares (311 acres) is between the Regional boundary and Burkett Road, south of the Welland Feeder Canal and north of Lakeshore Road. Site C of approximately 60 hectares (148 acres), divided by Concession 1 Road, is between Minor Road and Burkett Road, north of the abandoned CNR railway with a northern portion one concession north within the western half of Lot 28. Notwithstanding the land use provisions of Section 6, Agriculture and Rural Areas Policies in the Regional Policy Plan, an agriculturallyrelated manufacturing operation, with an expansion of approximately 1,800 square metres to an existing 4,645 square metre industrial operation in a Good General Agricultural Area is permitted on a 3 hectare (7.6 acre) site with a frontage of 253 metres and a depth of 122 metres, located at 7793 Young Street on the north side of the road in the Township of West Lincoln, Part of Lot 13 & 14 in Gore A. Notwithstanding the provisions of Section 6, Agricultural and Rural Areas Policies in the Regional Policy Plan, the Zooz theme park is permitted on approximately 116 hectares (288 acres) of land located on the west side of Regional Road 116 (Stevensville Road), north of the former CP rail line east of House Road and south of College Road in the Town of Fort Erie. The subject lands are generally illustrated on the Protected Area Map (below). Development on these lands may connect into existing municipal sewer and water systems subject to the approval of the Region and the Town of Fort Erie. No development shall be permitted within the environmental areas to be protected as shown on the Protected Area Map (below). 164

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