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BYLAW - OPA #48 Oak Ridges Moraine - 20031022 - 446803DAMENDMENT NO. 48 TO THE TOWN OF AURORA OFFICIAL PLAN REGARDING THE OAK RIDGES MORAINE CONSERVATION PLAN AMENDMENT NO. 48 TO THE TOWN OF AURORA OFFICIAL PLAN REGARDING THE OAK RIDGES MORAINE CONSERVATION PLAN The Amendment No. 48 to the Official Plan for the Town of Aurora Planning Area which was adopted by the Council of the Corporation of the Town of Aurora is hereby approved under Sections 17 and 21 of the Planning Act, R.S.O, 1990. Date: ocr ~a ,)OQ\ B. Panizza, Town Clerk THE CORPORATION OF THE TOWN OF AURORA By-law Number 4468-03.0 BEING A BY -LAW to adopt Official Plan Amendment No. 48 The Council of the Corporation of the Town of Aurora, under Section 17(22) of the Planning Act, RSO 1990 Chapter P.13 as amended, hereby enacts as follows: 1. Official Plan Amendment No. 48 for the Town of Aurora, consisting of the attached explanatory text and schedules, is hereby adopted. 2. The Clerk is hereby authorized and directed to make such application on behalf of the Corporation and to execute under the Corporate Seal such documents as may be required for the above purposes. 3. This By-law shall come into force and take effect on the day of the final passage thereof. READ A FIRST, SECOND AND THIRD TIME THIS 22ND DAY OF OCTOBER, 2003 f B. PANIZZA, TOWN CLERK Note: The Ministry of Municipal Affairs and Housing is the approval authority for this amendment. October 22, 2003 AMENDMENT NO. 48 TO THE TOWN OF AURORA OFFICIAL PLAN PART A-THE PREAMBLE 1. Purpose of the Amendment The purpose of this amendment is to bring the Town of Aurora Official Plan into conformity with the Oak RidgesMoraine Conservation Plan (Ontario Regulation 140/02) as required by the Oak Ridges Moraine Conservation Act, 2001., 2. Location The Amendment affects all lands located in the Town of Aurora which are subject to the Oak Ridges Moraine Conservation Plan as indicated, on Schedule "J" to this Amendment. 3. Basis On December 14, 2001, the Oak Ridges Moraine Conservation Act, 2001 received Royal Assent and was deemed to have come into force on November 16, 2001. The legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan. Ontario Regulation 140/02 -the Oak Ridges Moraine Conservation Plan, came into effect on November 16, 2001. Through the Oak Ridges Moraine Conservation Act, 2001 and the accompanying Oak Ridges Moraine Conservation Plan, the Province of Ontario has established a policy framework for protecting the Oak Ridges Moraine. Municipal planning decisions are required to conform to the Oak Ridges Moraine Conservation Plan, which prevails over municipal official plans. The boundary of the Oak Ridges Moraine, as identified by the Province, is based on a number of topographical, geomorphological and geological attributes. This amendment identifies the Oak Ridges Moraine Conservation Plan Area on all Maps in the Town of Aurora; amends Schedule "A" -Land Use Plan, Schedule "B" -Commercial Centres, Schedule "C" -Heritage Resources, Schedule "D" -Environmental Protection, Schedule "E" -Proposed Road Classifications, and Schedule "F" -Proposed Right-of-Way Designations, Schedule "G"-Community Improvement Areas, Schedule "H"-Site Specific Policy Areas, and Schedule "I" -Aurora Trail Network Concept, to reflect those areas within the Oak Ridges Moraine; and incorporates the following new schedules: Schedule "J" -Oak Ridges Moraine Conservation Plan Land Use Designations, Schedule "K" -Oak Ridges Moraine Key Natural Heritage Features. and Hydrologically Sensitive Areas, Schedule "L" -Oak Ridges Moraine Landform Conservation Areas, and Schedule "M" -Oak Ridges Moraine Aquifer Vulnerability Areas and Schedule "N"-Oak Ridges Moraine Wellhead Protection Areas. This amendment also amends existing Town of Aurora Official Plan policies by including where appropriate, references to the Oak Ridges Moraine Conservation Plan and Act. 1 PART B-THE AMENDMENT All of the amendment entitled PART B-THE AMENDMENT, consisting of the following text and attached Schedules identified as Schedules "A", "J", "K", "L", "M", and "N" constitutes Amendment No. 48 to the Official Plan of the Town of Aurora. Details of the Amendment The Official Plan of the Town of Aurora is hereby amended as follows: 1.1 By amending: i) Schedule "A", Land Use Plan by modifYing the Oak Ridges Moraine boundary, in accordance with the Oak Ridges Moraine Conservation Plan, and by deleting the land use designations which apply to those areas of the Town of Aurora on the Oak Ridges Moraine which are identified in the Oak Ridges Moraine Conservation Plan (see Appendix "B") as "Natural Core Area", "Natural Linkage Area", "Countryside Area" and portions of the "Settlement Area" and replacing them with new land use designations as shown on Schedule."A" to this Amendment; and ii) Schedule "B", Commercial Centres, Schedule "C", Heritage Resources, Schedule "D", Environmental Protection, Schedule "E", Proposed Road Classifications, Schedule "F", Proposed Right-of-Way Designations, Schedule "G", Community Improvement Areas, Schedule "H", Site Specific Policy Areas, and Schedule "I", Aurora Trail Network Concept, by the addition of the boundary of the Oak Ridges Moraine Area. 1.2 By adding the following new Schedules "J", "K", "L", "M", and "N" which are shown respectively as Schedules "J", "K", "L", "M", and "N" to this Amendment: i) Schedule "J" ii) Schedule "K" - iii) Schedule "L" - iv) Schedule "M" - v) Schedule "N" - Oak Ridges Moraine Conservation Plan Land Use Designation Areas Oak Ridges Moraine Key Natural Heritage Features and Hydrologically Sensitive Areas Oak Ridges Moraine Landform Conservation Areas Oak Ridges Moraine Aquifer Vulnerability Areas Oak Ridges Moraine Wellhead Protection Areas 2 October 22, 2003 2. pART THREE-PLANNING COMPONENTS is amended by the addition of a new Section 3.0 Oak Ridges Moraine Policies as follows: "3.0 OAK RIDGES MORAINE POLICffiS Notwithstanding the policies contained in Sections 3.1 to 3.12 inclusive, of this Plan, where lands are located within the Oak Ridges Moraine Area as shown on Schedule "J", the development of said land shall be in accordance with the policies of Section 3.13 of this Plan and the applicable policies and provisions of the Oak Ridges Moraine Conservation Plan. In addition, the Oak Ridges Moraine shall be protected and maintained in accordance with the policies of the Oak Ridges Moraine Conservation Act, 2001. All planning decisions in the Oak Ridges Moraine Plan Area shall reflect the objectives of the Oak Ridges Moraine Conservation Plan (see Appendix "A" to this Plan) which are found in Section 4, of the Oak Ridges Moraine Conservation Act, 2001, (see Appendix "B" to this Plan). Where the policies of this Plan contradict the policies of the Oak Ridges Moraine Conservation Plan, the more restrictive policies shall prevail." 3. Section 3.1.k is hereby amended by deleting the word "and" after the word "utilities" and by the .addition of the words "viii Section 3.13 Oak Ridges Moraine, and" after the words "Section 3.12 Utilities", and by deleting the number "viii" before the word "all" and replacing it with the number "ix". 4. Section 3.1.1 Urban Residential Policies is hereby amended by the addition of the following new policy: "k Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine as shown on Schedule "A" shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act and the applicable policies of Section 3.13 of this Plan." 5. Section 3 .1.2 Suburban and Estate Residential Policies is hereby amended by the addition of the following new policy: "m Notwithstanding the policies of this plan to the contrary, lands located on the Oak Ridges Moraine, as shown on Schedule "A" shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act and the applicable policies of Section 3.13 of this Plan." 3 October 22, 2003 6. Section 3.2.1 Convenience Commercial Centre Policies is hereby amended by the addition of the following new policy: "f Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." 7. Section 3.2.2 Community Commercial Centres Polices is hereby amended by the addition of the following new policy: 8. "g Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." Section 3 .2.4 Campus Commercial Centres Policies is hereby amended by the addition of the following new policy: "e Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." 9. Section 3 .2.5 Services Commercial Centres Policies is hereby amended by the addition of the following new policy: "g Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies ofSection 3.13 of this Plan." 10. Section 3.2.6 Regional Commercial Centre Policies is hereby amended by the addition of the following new policy: "d Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." < 11. Section 3.3.D is hereby amended by the addition of"vi" Section 3.13 Oak Ridges Moraine" after the word "Utilities", and by replacing the number "vi" before the words "Section 4.1" with "vii". 4 October 22, 2003 , I 12. Section 3.3 .l.f is hereby amended by the deletion of the"." after the word "Enviromnent" and by the addition of the words "and Section 3.13 Oak Ridge~)vl.oraine", 13. Section 3 . .3.1 Industrial Areas Policies Areas is hereby amended by the addition of the . following new policy as follows: "m Notwithstanding the policies of this Plan. to the contrary, lands located on the Oak Ridges Moraine, as shown on Schedule "A", shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." 14. Section 3 .4.1.g. vi is hereby amended by the addition of the words "Section 3.13 Oak Ridges Moraine" after the word "Enviromnent,". 15. Section 3.4.1 Industrial and Community Services Policies is hereby amended by the addition of the following new policy: "1 Notwithstanding the policies of this Plan to the contrary, lands located on the Oak Ridges Moraine as shown on Schedule "A", shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act, and the applicable policies of Section 3.13 of this Plan." 16. Section 3.5.1.c is hereby amended by the addition of the words "and on the Oak Ridges Moraine, as outlined in Section 3.13" after the numbers"3.1 1.1 ". 17. Section 3.5.1.d is hereby amended by adding the following sentence at the end of Section 3.5.1.d. "Where such key natural heritage or hydrologically sensitive features are located on the Oak Ridges Moraine, as shown on Schedule "K", appropriate minimum vegetation protection zones shall be established in accordance with the Table ofMinimum Areas oflnfluence and Minimum Vegetation Protection Zones as set out in the Oak Ridges Moraine Conservation Plan, and the policies of Subsection 3.13.5.d of this Plan." 18. Section 3.5 .2.1 .b is hereby amended by the addition of the words "and Section 3.13" after the number "3 .11. 1.5e". 5 October 22, 2003 19. Section 3.5.3.b is hereby amended by the addition of the words "and 3.13 Oak Ridges Moraine" after the word "Environment". 20. Section 3.6.1 Rural Policies is amended by the addition of a new policy as foiiows: "f Notwithstanding any policies of this Plan to the contrary, where lands are located within the Oak Ridges Moraine Plan Area, and agricultural uses are pennitted, the said agricultural uses shaii be in accordance with the relevant policies of the Oak Ridges Moraine Conservation Plan, and the policies ofSection 3.13 of this Plan. In addition, the foiiowing shaii apply with respect to any accessmy uses, to the permitted agricultural use. Permitted uses accessory to agriculture uses shall include, but are not limited to: the roadside sale of produce of the farm operation; 11 the manufacture of value-added products from produce of the farm operation; and m a second dwelling that is a temporary, mobile or a portable unit, if it can be demonstrated by the applicant that the dwelling: a is required to house help that is needed on the farm operation on a seasonal or fuii time basis; b does not require a consent under Section 50 or 53 of the Planning Act; and c wiii not adversely affect the ecological integrity of the Oak Ridges Moraine." 21. Section 3.6.1 Rural Policies is amended by the addition of a new policy as foiiows: "g New agricultural uses, agriculture~related uses and related accessory uses are prohibited within a key natural heritage feature and/or a hydrologicaily sensitive feature and its associated minimum vegetation protection zone, except where the lands were being used for such agricultural purposes on November 15, 2001." 22. Section 3. 7 .d is hereby amended by the addition of the words "vii Oak Ridges Moraine, Section 3.13" immediately after the words "Section 3.6". 23. Section 3.8.G is hereby amended by the addition of the words "Section 3.13 Oak Ridges Moraine," after the word "Environment,". 6 October 22, 2003 24. Section 3.10 is hereby amended by the addition of the following new policy before Section 3.10.1: "3.10.0 OAK RIDGES MORAINE Notwithstanding any other provisions of this Plan, transportation uses on lands located within the Oak Ridges Moraine Area shall be subject to the policies of Section 41 (Transportation, Infrastructure and Utilities) of the Oak Ridges Moraine Conservation Plan and the policies of Subsection 3.13 .1 0 of this Plan." 25. Section 3.10.1.c is hereby amended by the addition of the words" Section 3.13, Oak Ridges Moraine" after the word "Environment". 26. Section 3.1 O.l.i is hereby amended by the addition of the words "and where relevant, the policies of Section 3.13 Oak Ridges Moraine." immediately after the word "Environment". 27. Section 3.1 0.4.a.ii is hereby amended by the addition of the words "and the Oak Ridges Moraine Area in Section 3.13," after the number "3.11.1 ". 28. Section 3.11 Environment: Environmental Protection Areas and Management Objectives is amended by the following: a) by the deleting the words "and the White Rose Spillway" and by adding the words "in accordance with the policies of the Oak Ridges Moraine Conservation Plan and Act, and the relevant policies of Section 3.13 of this Plan." immediately following the word "Moraine" in Objective F; and b) by the deletion of Objective Lin its entirety, and replacing it with the following: "L Defmitions, standards and· boundaries set by the Provincial statutes and implementing regulations such as the Oak Ridges Moraine Conservation Plan and Provincial Policy Statement shall prevail on issues relating to environmental protection areas. 1n the case of conflict between the Oak Ridges Moraine Conservation Plan and a policy statement issued under Section 3 of the Planning Act, the Oak Ridges Moraine Conservation Plan shall prevail." 7 October 22, 2003 c) by the addition of a new objective 0 as follows: "0 Planning decisions in the Oak Ridges Moraine Plan Area shall reflect the objectives of the Oak Ridges Moraine Conservation Plan which are found in Section 4, of the Oak Ridges Moraine Conservation Act, 2001." 29. Section 3.11.1.o is hereby amended by the addition of the following sentence at the end of Section 3.11.1.o. "In addition where the lands are situated on the Oak Ridges Moraine the policies of Section 3.13 shall also apply." 30. Section 3.11.1 Policies Common to Environmental Protection Areas is hereby amended by the addition of the following new policy: "p Notwithstanding any policies to the contrary, lands located on the Oak Ridges Moraine as shown on Schedules "A", and "J", shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Act and Section 3.13 of this Plan." 31. Section 3.11.1.4 Oak Ridges Moraine Area and White Rose Spillway is deleted in its entirety, with renumbering of subsequent sections. 32. Section 3.12 is hereby amended by the addition of the following new policy before Section 3.12:1: "3.12.0 Notwithstanding any other provisions of the Plan to the contrary, public services and utilities uses on lands within the Oak Ridges Moraine Area shall be subject the relevant policies of Sections 41 (Transportation, Infrastructure and Utilities), 42 (Official Plan Provisions, Wellhead Protection Areas, Areas of High Aquifer Vulnerability), 43 (Sewage and Water Services), 44 (Partial Services), 45 (Stormwater Management), 46 (Stormwater Management Plans), and 47 (Rapid Infiltration Basins and Columns) of the Oak Ridges Moraine Conservation Plan, and the relevant policies of Subsections 3.13.7 to 3.13.12 of this Plan." 33. Section 3.12.1.d.i is hereby amended by the addition ofthe words "and Section 3.13 where applicable" after the number "3.11.2". 8 October 22,2003 34. Section 3.12.1 WATER POLICIES is hereby amended by the addition of the following new policies: "e Notwithstanding any other policies of this Plan to the contnuy, the provision of water service for lands located on the Oak Ridges Moraine, shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Subsections 3.13.7, 3.13.8, and 3.13.9 of this Plan." 35. Section 3.12.2.c.iis hereby amended by the addition of the words "and Section3.13 where applicable" after the number "3.11.2". 36. Section 3 .12.2 SANITARY AND STORM SEWER POLICIES is hereby amended by the addition of the following new policies: "d Notwithstanding any other policies of this Plan to the contrary, the provision of sanitary and storm sewer services for lands located on the Oak Ridges Moraine, shall be subject to the relevant policies of the Oak Ridges Moraine Conservation Plan and Subsections 3.13.9, 3.13.11 and 3.13.12 of this Plan." 37. Section 3.12.3 WASTE DISPOSAL POLICIES is hereby amended by the addition of the following new policy: "g Notwithstanding any other policies of this Plan to the contrary, lands located on the Oak Ridges Moraine shall be subject to the relevant policies ofthe Oak Ridges Moraine Conservation Plan and Act, and the Policies of Section 3.13 of this Plan." 38. Section 3.12.4 TRANSMISSION LINE POLICIES is hereby amended by the addition of a new policy as follows: "d Notwithstanding any other provisions of this Plan to the contrary, public utilities uses on lands within the Oak Ridges Moraine Area shall be subject to the relevant policies of Section 41 (Transportation, Infrastructure Utilities) of the Oak Ridges Moraine Conservation Plan and Subsection 3.13.1 0 ofthis Plan." 9 October 22, 2003 39. Section 3 .12.5 ELECTRIC POWER is hereby amended by the addition of a new policy as follows: "iii Notwithstanding any other provisions of this Plan to the contrary, public utilities uses on lands within the Oak Ridges Moraine Area shall be subject to the relevant policies of Section 41 (Transportation, Infrastructure Utilities) of the Oak Ridges Moraine Conservation Plan and Subsection 3.13.10 of this Plan." 40. PART THREE-PLANNING COMPONENTS, is amended by the addition of a new Section immediately after Section 3.12 Utilities: Water, Sanitary and Storm Sewers, Solid Waste Disposal, and Transmission Lines, as follows: "3.13 OAK RIDGES MORAINE INTRODUCTION The Oak Ridges Moraine is one of Ontario's most significantlandforms. This irregular ridge stretches 160 kilometres from the TrentRiver in the east to theNiagara Escarpment in the west. Located north of and parallel to Lake Ontario, the Oak Ridges Moraine divides the watersheds draining south into Lake Ontario from those draining north into Georgina Bay, Lake Simcoe and the Trent River system. Through the Oak Ridges Moraine Conservation Act, 2001, and the accompanying Oak Ridges Moraine Conservation Plan (ORMCP) Regulation 140102 which came into force on November 16, 2001, the Province has established the direction for protecting, restoring and enhancing the OakRidges Moraine's ecological and hydrological features and functions. The Province's vision for the Oak Ridges Moraine is that of "a continuous band of green, rolling hills that provides form and structure to south-central Ontario, while protecting the ecological and hydrological features and fimctions that support the health and well-being of the Region's residents and ecosystems. Planning decisions in the Oak Ridges Moraine Plan Area must conform to the Oak Ridges Moraine Conservation Plan and shall reflect the objectives which are found in Section 4 of the Oak Ridges Moraine Conservation Act, 2001. The Official Plan of the Town of Aurora has been amended to bring it into coriformity with the Oak Ridges Moraine Conservation Plan. However, these policies must be read in conjunction with the detailed provisions of the Oak Ridges Moraine Conservation Plan, and the Town of Aurora Zoning By-law. 10 October 22, 2003 ' GOAL This plan shall protect the Oak Ridges Moraine's ecological and hydrological features and functions in accordance with the policies of the Oak Ridges Moraine Conservation Act, 2001 and the Oak Ridges Moraine Conservation Plan. OBJECTIVES A. Protect the ecological and hydrological integrity of the Oak Ridges Moraine Area. B. Ensure that only land and resources uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted. C. Maintain, improve or restore all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of its water and its other resources. D. Ensure that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations. E. Provide for land and resource uses and development that are compatible with the other objectives of the Oak Ridges Moraine Conservation Plan. F. Provide for continued development within existing urban settlement areas and recognizing existing rural settlements. G. Provide for a continuous recreational trail through the Oak Ridges Moraine Area that is accessible to all, including persons with disabilities. H. Provide for other public recreational uses to the Oak Ridges Moraine Area. 3.13.1 GENERAL POLICIES a Lands located on the Oak Ridges Moraine, as shown on Schedule "J", are subject to the Oak Ridges Moraine Conservation Plan. No person shall on said lands, use land or any part of it, undertake development or site alteration with respect to land, or erect, move, alter or use a building or structure, or any part of it, except as provided for in this Plan, and subject to the policies of the Oak Ridges Moraine Conservation Plan. II October 22, 2003 b In addition to the policies ofSection 3.11 of this Plan, where lands are located on the Oak Ridges Moraine the policies of Section 3.13 shall also apply. Where there is any conflict between the policies of Section 3.11 and Section 3.13, the more restrictive policies shall prevail. c Every application for development and site alteration on the Oak Ridges Moraine, within the Town of Aurora, shall only be considered where it can be demonstrated, by the applicant, that the application complies with the provisions of the Oak Ridges Moraine Conservation Plan, including the applicable provisions of PART III, PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY, and PART IV, SPECIFIC LAND USE POLICIES, and the relevant policies contained in Subsections to 3.13.4 to 3.13.12 of this Plan. Forreferencepurposes the policies of PART III and PART IV of the Oak Ridges Moraine Conservation Plan are found in Appendix "A" to this Plan. d In making a decision under the Planning Act or Section 9 of the Condominium Act or any matter prescribed by the Oak Ridges Moraine Conservation Act, 2001, the Town shall be guided by, in order of precedence, the Oak Ridges Moraine Conservation Act, 2001, the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) and the relevant policies of this Plan. Where there is a conflict between this Plan and the applicable provisions of the· Oak Ridges Moraine Conservation Plan, the more restrictive of the policies shall prevail. e All of the policies of this Plan must be considered together, to determine conformity. Individual policies should not be read or interpreted in isolation. The boundaries between the land use designations shown on the various Schedules to this Plan are approximate. Where the boundaries are within the Oak Ridges Moraine Conservation Plan Area, the precise boundary must be determined through reference to Ontario Regulations 001/02 and 140/02. Minor adjustments may be permitted without amendnient, in accordance with the policies of this Plan. 3.13.2 TRANSITIONAL POLICIES a Within the Oak Ridges Moraine Conservation Plan Area there may be applications under the Planning Act and the Condominium Act, which, due to their date of commencement, are subject to the transitional provisions of Sections 15 and 17 of the Oak Ridges Moraine Conservation Act, 2001. 12 October 22, 2003 b Where an application for an approval is located within the Oak Ridges Moraine Natural Core Area, the Oak Ridges Moraine Natural Linkage Area or the Oak Ridges Moraine Countryside Area designations, and was commenced, but not decided upon prior to November 17,2001, then said application shall confonn to the prescribed provisions of Section 48 of the Oak Ridges Moraine Conservation Plan. For reference purposes, Section 48 of the Oak Ridges Moraine Conservation Plan is found in Appendix "A" to this Plan. 3.13.3 EXISTING USES AND PRIOR APPROVAL POLICIES a For all lands situated on the Oak Ridges Moraine, as shown on Schedule "J" of this Plan, the foilowing policies shall apply to all existing uses, notwithstanding any other more restrictive policies to the contrary within this Plan. b Existing legally established uses are defined as uses that were lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that was in existence on that date without being lawful. Existing legally established uses and accessory uses are permitted in all land use designations within the Oak Ridges Moraine Conservation Plan Area, and for greater clarity, nothing in this Plan applies to prevent: 1 the use of any land, building or structure for a purpose prohibited by the Oak Ridges Moraine Conservation Plan, if the land, building or structure was lawfully used for that purpose on November 15, 2001, and continues to be used for that purpose; or ii the erection or use for a purpose prohibited by the Oak Ridges Moraine Conservation Plan of a building or structure for which a pennit has been issued under Subsection 8(2) of the Building Code Act, 1992 on or before November 15, 2001, if: a the pennit has not been revoked under Subsection 8(10) of the Building Code Act, 1992; and b the building or structure when erected is used and continues to be used for the purpose for which it was erected. 13 October 22, 2003 c The expansion of an existing building or structure on the same lot, or the expansion of an existing institutional use is pennitted, in all land use designations on the Oak Ridges Moraine where it is demonstrated, bythe applicant that: 1 there will be no change in use; 11 except as otherwise provided for in Subsections 3.13A.f.iv and 3.13.4.f.vi (Oak Ridges Moraine Settlement Area) of this Plan, the applicant shall demonstrate that the expansion shall not adversely affect the ecological integrity of the Oak Ridges Moraine Area; and m the expansion shall be in accordance with all relevant provisions of the Planning Act. For purposes of this subsection, institutional use includes without limitation a long-tenn care facility, hospital, school, university or college. d If an existing use has been detennined to have adverse effects on the ecological integrity of the Oak Ridges Moraine, anyapplication to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with the Oak Ridges Moraine Conservation Plan, in conjunction with implementing appropriate mitigative measures which are in accordance with the Oak Ridges Moraine Conservation Plan. e The reconstruction within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner's control is permitted in all land use designations, on the Oak Ridges Moraine. The reconstructed building or structure shall be deemed to be an existing building or structure, ifthere is no change in use and no intensification of the use. f The conversion of an existing use to a similar use is permitted, in all land use designations on the Oak Ridges Moraine, if it can be demonstrated by the applicant, that the conversion: will bring the use into closer conformity with the Oak Ridges Moraine Conservation Plan; and 11 will not adversely affect the ecological integrity of the Oak Ridges Moraine Area. 14 October 22, 2003 "' ~~.-~ g The use, jlrection or location of a single dwelling and related accessory uses are pennitt:ed on the Oak Ridges Moraine, if: 1 the use, erection and location would have been pennitt:ed by the applicable zoning by-law on November 15, 2001; 11 prior to issuance of a building permit, the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Oak Ridges Moraine, by means of a natural heritage or hydrological evaluation or other required study in accordance with the policies of the Oak Ridges Moraine Conservation Plan; and m notwithstanding Subsection 3.13.3.g.ii above, where said lands are located within the Oak Ridges Moraine Settlement Area, the policies of Subsections 3.13.4.f.iv, 3.13.4.f.v and 3.13.4.f.vi shall also apply. h The use, erection or location of a building or structure is permitted on the Oak Ridges Moraine, if 1 the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001, and approved after that date; or 11 the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001, and decided in accordance with Subsection 17(1 ), of the Oak Ridges Moraine Conservation Act, 2001. An application for site plan approval, l.lnder Section 41 of the Planning Act, relating to applications for zoning, subdivision and condominium development, commenced prior to November 17, 2001, and approved after that date, is not required to comply with the· Oak Ridges Moraine Conservation Plan, subject to the requirements of Section 9 (Site Plan Approval Exception) of the Oak Ridges Moraine Conservation Plan. 3.13.4 LAND USE DESIGNATIONS ON THE MORAINE a Notwithstanding the policies contained in Sections 3.1 to 3.12 inclusive, of this plan, where lands are located within the Oak Ridges Moraine Area as shown on Schedule "J" and Schedule "A", the development of said lands shall be in accordance with the policies of Section 3.13 of this Plan, and the relevant policies and provisions of the Oak Ridges Moraine Conservation Plan and the Oak Ridges Moraine Conservation Act, 2001. 15 October 22, 2003 b Schedule "A" -Land Use Plan; Schedule "J"-Oak Ridges Moraine Conservation Plan Land Use Designation Areas; Schedule "K"-Oak Ridges Moraine Key Natural Heritage Features and Hydrologically Sensitive Areas; Schedule "L"-Oak Ridges Moraine Landform Conservation Areas; Schedule "M" -Oak Ridges Moraine Aquifer Vulnerability Areas and Schedule "N"-Oak Ridges Moraine Wellhead Protection Areas, identifY the lands in the Town of Aurora which are located on the Oak Ridges Moraine and ate described as the "Oak Ridges Moraine Conservation Plan Area". This section of the Plan provides general policies which apply to all lands on the Oak Ridges Moraine. In addition, Schedule "J" -Oak Ridges Moraine Conservation Plan Land Use Designation Areas designates the lands within the Town of Aurora and the Oak Ridges Moraine, into the following categories. The applicable policies are found in the Sections listed in brackets. For lands within the Oak Ridges Moraine Settlement Area as shown on Schedule "J", the uses permitted shall be in accordance with the land use designations shown on Schedule "A"-Land Use Plan. 1 Oak Ridges Moraine Natural Core Area (Section 3.13.4.c) n Oak Ridges Moraine Natural Linkage Area (Section 3.13.4.d) m Oak Ridges Moraine Countryside Area (Section 3.13.4.e) IV Oak Ridges Moraine Settlement Area (Section 3.13.4.j) The Oak Ridges Moraine ConservationPlan includes extensive definitions of terms which are found throughout the document. For reference purposes, the main definitions which are found in the Oak Ridges Moraine Conservation Plan are found in Section 4.14.14 to this Plan. However, where questions of interpretation arise, regard shall be had to the OakRidges Moraine Conservation Plan itself. c Oak Ridges Moraine Natural Core Area 1 Natural Core Areas have been identified in the Oak Ridges Moraine Conservation Plan as areas with a high concentration ofkey natural heritage features, hydrologically sensitive features and/or landform conservation areas. These areas are critical to maintaining and improving the ecological integrity of the Oak Ridges Moraine Area. 16 October 22, 2003 I c j ii Where the lands are shown as Oak Ridges Moraine Natural Core Area on Schedule "A", the permitted uses shallinclud~ fish, wildlife and forest management; conservation projects and. flood and erosion control projects; transportation, infrastructure and utilities uses in accordance with the provisions of Subsections 3.13.4.c.ix, 3.13.4.c.x, and 3.13.4.c.xi of this Plan, non-motorized .trail uses, natural heritage appreciation and legally existing uses as of November 15, 2001 in accordance with the provisions of Section 3.13.3 of this Plan, and accessory uses. m The use oflands within .the Oak Ridges Moraine Natural Core Area as shown on Schedule "A", shall be in accordance with all applicable policies of the Oak Ridges Moraine Conservation Plan including Subsections 19(2) (Protecting Ecological and Hydrological Integrity), and 31 (1) (Specific Land Use Policies), and all relevant policies of this Plan, including Subsections 3.13.5 to 3.13.12, inclusive. IV Where an application for an approval, within the Oak Ridges Moraine Natural Core Area designation was commenced, but not decided upon, prior to November 17, 2001, then said application shall conform to the prescribed provisions of Section 48 of the Oak Ridges Moraine Conservation Plan. v Every application for development or site alteration for a permitted use shall support connectivity by identifying planning, design and construction practices that ensure no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features, as shown on Schedule "K", and adjacent lands within an Oak Ridges Moraine Natural Core Area and an Oak Ridges Moraine Natural Linkage Area. VI Notwithstanding policy 3 .13.4.c.ii above, where lands are located within the Oak Ridges Moraine Natural Core Area designation are also located within an Oak Ridges Moraine Wellhead Protection Area, or an Oak Ridges Moraine Area of High Aquifer Vulnerability, then the uses permitted shall not include those uses listed in Subsections 3.13.8.c, 3.13.8.d, and 3.13.8.gof this Plan. 17 October 22, 2003 vn Small-scale structures such as trails, boardwalks, foot bridges, fences, and picnic facilities, are only permitted if it can be demonstrated by the applicant, that the adverse effects on the ecological integrity of the Oak Ridges Moraine Plan Area will be kept to a minimum by: a keeping disturbed areas to a minimum; b avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species; and c ensuring the use of lands within the Oak Ridges Moraine Natural Core Area is in accordance with the applicable policies of the Oak Ridges Moraine Conservation Plan, and this Plan. vm New lots may only be created in the Oak Ridges Moraine Natural Core Area designation for the purposes listed below, and shall be in accordance with all other relevant policies of this Plan including Sections 3.13.5 to 3.13.12, inclusive. a Severance, from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farming operation. The maximum permitted is a cumulative total of one such severance for each rural lot. All consents granted on or after January 1, 1994 are included in the calculation of the cumulative total~ b · Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original halflot lines; c Allowing land acquisition for transportation, infrastructure, and utilities as described in Section 41, of the Oak Ridges Moraine Conservation Plan, but only if the need for the project has been demonstrated, and there is no reasonable alternative; d The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used; e Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation; f Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance; 18 October 22, 2003 .~ ,·:e..·.:·,1 g Clause a above applies whether the transaction takes the form of a conveyance, a lease for twenty-one years or more, or a mortgage; h A lot may be created only if there is enough net developable area on both the severed lot and the remainder lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or hydrologically sensitive features; When a lot is created, the applicant shall enter into a site plan agreement or other agreement With the Town of Aurora to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features on the Jot; and J A lot shall not be created if it would extend or promote strip development. 1x On lands within the Oak Ridges Moraine Natural Core Area designation, publicly initiated transportation, infrastructure or utilities uses, may be permitted if the following can be demonstrated: a the need for the project and that there is no reasonable alternative; (For municipal infrastructure projects, need shall be determined through an Environmental Assessment process under the Environmental Assessment Act, where applicable.); b that the following requirements will be satisfied, to the extent possible, while meeting all applicable safety standards: i The area of construction disturbance will be kept to a m1mmum; n · Right of way widths will be kept to the minimum consistent with meeting other objectives such as stormwater management and with locating as many transportation, infrastructure, and utilities uses Within a single corridor as possible; iii The project Will allow for wildlife movement; IV Lighting will be focused downwards and away; and 19 October 22, 2003 v The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimum. · c the project does not include. and will not in the future require a highway interchange or a transit or railway station; and d the project is located as close to the edge of the Oak Ridges Moraine Natural Core Area designation as possible. x Except as permitted in Subsection 3.13.4.c.xi below, all new transportation, infrastructure and utilities uses listed in Subsection 3.13 .1 O.a of this Plan, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited within a key natural heritage feature or hydrologically sensitive feature. XI Notwithstanding the policies of Subsection 3.13.4.c.x above, publicly initiated transportation, infrastructure and utilities uses may be permitted to cross a key natural heritage feature and/or hydrologically sensitive feature in accordance with the policies of Subsections 3.13.5.m and 3.13.5.v. d Oak Ridges Moraine Natural Linkage Area I Natural Linkage Areas have been identified in the Oak Ridges Moraine Conseryation Plan as natural and open space linkages between Natural Core Areas, and along river valleys and streams. These areas form part of a central corridor system that supports or has the potential to support the movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors. ii Where lands are shown as Oak Ridges Moraine Natural Linkage Area on Schedule "A", the uses permitted shall include fish, wildlife and forest management; conservation projects and flood and erosion control projects; agricultural uses; transportation, infrastructure, and utilities uses in accordance with Subsections 3.13.4.d.ix, 3.13.4.d.x, and 3.13.14.d.xi of this Plan, non-motorized trails; natural heritage appreciation; mineral aggregate operations and wayside pits (in accordance with Sections 35 and 36 of the Oak Ridges Moraine Conservation Plan); legally existing uses as of November 15, 2001, in accordance with the provisions of Section 3.13.3 of this Plan; and accessory uses. 20 October 22, 2003 < ' iii The useoflands within the Oak Ridges Moraine Natural Linkage Area as shownon Schedule "A", shall be in accordance with all applicable policies of the Oak Ridges Moraine Conservation Pla'n, including Subsections 19(2) (Protecting Ecological and Hydrological Integrity), and 31 (2) (Specific Land Use Policies) and all relevant policies of this Plan, including Subsections 3.13.5 to 3.13.12, inclusive. iv Where an application for an approval, within the Oak Ridges Moraine Natural Linkage Area designation was conunenced, but not decided upon, prior to November 17, 2001, then said application shall conform to the prescribed provisions of Section 48 of the Oak Ridges Moraine Conservation Plan. v Every application for development or site.alteration for a permitted use shall support connectivity by identifying planning, design and construction practices that ensure no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features as shown on Schedule "K", and adjacent lands within an Oak Ridges Moraine Natural Linkage Area or Oak Ridges Moraine Natural Core Area. VI Notwithstanding policy 3.13.4.d.ii above, where lands are located within the Oak Ridges Moraine Natural Linkage Area designation are also located within an Oak Ridges Moraine Wellhead Protection Area, or an Oak Ridges Moraine Area of High Aquifer Vulnerability, then the uses permitted shall not include those uses listed in Subsections 3.13.8.c, 3.13.8.d, and 3.13.8.gof this Plan. vii Small-scale structures such as trails, boardwalks, foot bridges, fences, and picnic facilities are only permitted if it can be demonstrated by the applicant, that the adverse effects on the ecological integrity of the Oak Ridges Moraine Plan Area will be kept to a minimum by: a keeping disturbed areas to a minimum; b avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species; and c ensuring the use of lands within the Oak Ridges Moraine Natural Linkage Area is in accordance with the applicable policies of the Oak Ridges Moraine Conservation Plan, and this Plan. 21 October 22. 2003 Vlll New lots may only be created in the Oak Ridges Moraine Natural Linkage Area designation for the purposes listed below, and shall be in accordance with all other relevant policies of this Plan including Sections 3.13.5 to 3.13.12, inclusive. a Severance, from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farmingoperation. The maximum permitted is a cumulative total of one such severance for each rural lot. All consents granted on or after January I, 1994 are included in the calculation of the cumulative total; b Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original halflot lines; c Allowing land acquisition for transportation, infrastructure, and utilities as described in Section 41, of the Oak Ridges Moraine Conservation Plan, but only if the need for the project has been demonstrated by the applicant, and there is no reasonable alternative; d The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used; e Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation; f Severance. from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance; g · Clause a above, applies whether the transaction takes the form of a conveyance, a lease for twenty-one years or more, or a mortgage; h A lot may be created only if there is enough net developable area on both the severed lot and the remainder lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or hydrologically sensitive features; 22 October 22, 2003 .1 ' 1 When a lot is created, the applicant shall enter into a site plan agreen~ent or other agreen~ent with the Town of Aurora to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features on the lot; and j A lot shall not be created if it would extend or promote strip development. ix An application for a transportation, infrastructure or utilities use with respect to land in an Oak Ridges Moraine Natural Linkage Area shall not be approved unless, a the need for the project has been demonstrated and there is no ·reasonable alternative. (For municipal infrastructure projects, need · shall be determined through an Environmental Assessment process under the Environmental Assessment Act, where applicable); b the applicant demonstrates that the following requirements will be satisfied, to the. extent that is possible while also meeting all applicable safety standards: 1 The area of construction disturbance will be kept to a minimum; n Right of way widths will be kept to a the minimum that is consistent with meeting other objectives such as stormwater management and with locating as many transportation, infrastructure, and utilities uses within a single corridor as possible; iii The project will allow for wildlife movement; 1v Lighting will be focussed downwards and away from Oak Ridges Moraine Natural Core Areas; and v The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a minimum; 23 October 22, 2003 x Except as permitted in Subsection 3.13.4.d.xi, all new transportation, infrastructure and utilities uses listed in Subsection 3.13.1 O.a of this Plan, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited within a key natural heritage feature or hydrologically sensitive feature. xi xii Notwithstanding the policies of SubsectiOn 3.13 .4.d.x. above, publicly initiated transportation, infrastructure and utilities uses may be permitted to cross a key natural heritage feature and/or hydrologically sensitive feature in accordance with the policies of Subsections 3.13.S.m and 3.13.S.v. Every application for development or site alteration for a permitted use shall support connectivity by identifying planning, design and construction practices that ensure no buildings or other site alterations impede the movement of plants and animals among key natural heritage, features, . hydrologically sensitive features as shown on Schedule "K", and adjacent lands within an Oak Ridges Moraine Natural Linkage Area or an Oak Ridges Moraine Natural Core Area. e ·Oak Ridges Moraine Countryside Area Countryside Areas have been identified in the Oak Ridges Moraine Conservation Plan as areas of rural land use such as agriculture, recreation, residential development, mineral aggregate operations, parks and open space. The Oak Ridges Moraine Countryside Area shall encourage agricultural and other rural uses, by providing for the continuation of agricultural and other rural lands uses and normal farm practices. ii Where lands are shown as Oak Ridges Moraine Countryside Area on Schedule "A", the uses permitted shall include fish, wildlife and forest management; conservation projects and flood and erosion control projects; golf courses and parks in accordance with the applicable provisions of the Oak Ridges Moraine Conservation Plan; agricultural uses; greenhouses; nurseries; accessory and subsidiary commercial and residential uses; churches and places of worship; transportation, infrastructure, and utilities uses in accordance with the policies of Section 3.13 .I 0 of this Plan; home businesses; non-motorized trails; natural heritage appreciation; mineral aggregate operations and wayside pits (in accordance with Sections 35 and 36 of the Oak Ridges Moraine Conservation Plan); legally existing uses as of November 15, 2001, in accordance with the provisions of Section 3.13.3 of this Plan; and accessory uses. 24 October 22, 2003 '''1 ., C"i'lf, .·-· .,~ m Notwithstanding policy 3.13.4.e.ii above, where lands are located within the Oak Ridges Moraine Countryside Area designation are also located within an Oak Ridges Moraine Wellhead Protection Area, or an Oak Ridges Moraine Area ofHigh Aquifer Vulnerability, then the uses permitted shall not include those uses listed in Subsections 3.13.8.c, 3.13.8.d, and 3.13.8.g of this Plan. iv The use oflands within the Oak Ridges Moraine Countryside Area as shown on Schedule "A", shall be in accordance with all applicable policies of the Oak Ridges Moraine Conservation Plan, including Subsections 19(2) (Protecting Ecological and Hydrological Integrity), and 31(3) (Specific Land Use Policies) and all relevant policies of this Plan, including Subsections 3.13.5 to3.13.12, inclusive. v Where an application for an approval, within the Oak Ridges Moraine Countryside Area designation was conunenced, but not decided upon, prior to November 17, 2001; then said application shall conform to the prescribed provisions of Section 48 of the Oak Ridges Moraine Conservation Plan. VI Small-scale structures such as trails, boardwalks, foot bridges, fences, and picnic facilities, are only permitted if it can be demonstrated by the applicant, that the adverse effects on the ecological integrity of the Oak Ridges Moraine Plan Area will be kept to a minimum by, a keeping disturbed areas to a minimum; b avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species; and c ensuring the use oflands within the Oak Ridges Moraine Countryside Area is in accordance with the policies of Oak Ridges Moraine · Conservation Plan and this Plan. vn Major recreational uses as defined in Section 3 8, of the Oak Ridges Moraine Conservation Plan, and which existed on November 15, 2001, may be permitted to expand or redesign a golf course facility in accordance with the policies of Section 38, of the Oak Ridges Moraine Conservation Plan on that portion of their lands which is designated Oak Ridges Moraine Countryside Area. For reference purposes, the policies of Section 38 Oak Ridges Moraine Conservation Plan are found in Appendix "A" to this Plan. 25 October 22, 2003 viii New lots may only be created in the Oak Ridges Moraine Countryside Area for the following purposes, and in accordance with the policies of Section 32 (Lot Creation) of the Oak Ridges Moraine Conservation Plan. a Severance, from a rural lot, of a farm retirement lot or a lot for a b c residence surplus to a farming operation. The maximum permitted is a cumulative total of one such severance for each rural lot. All . consents granted on or after January 1, 1994 are included in the calculation of the cumulative total; Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original halflot lines; Allowing land acquisition for transportation, infrastructure, and utilities uses as described in Section 41,ofthe Oak Ridges Moraine Conservation Plan, but only if the .need for the project has been demonstrated by the applicant, and there is no reasonable alternative; d The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used; e Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation; f Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance; g Clause a above, applies whether the transaction takes the form of a conveyance, a lease for twenty-one years or more, or a mortgage; h A lot may be created only if there is enough net developable area on both the severed lot and the remainder lot to accommodate proposed uses, buildings and structures and accessory uses without encroacprnent on key natural heritage features or hydrologically sensitive features; When a lot is created, the applicant shall enter into a site plan agreement or other agreement with the Town of Aurora to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features on the lot; and 26 October 22, 2003 ·"".) j A lot shall not be created if it would extend or promote strip development. ix Nothing in this Plan applies to prevent a use, or the erection or location of a building or structure, with respect to land in the Oak Ridges Moraine Countryside Area if, a the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; b the use, erection and location are permitted by this Plan and the Town of AuroraZoning By-law, as amended, in accordance with Sections 9 and 10 of the Oak Ridges Moraine Conservation Act, 2001, even if the use, erection and location do not comply with the provisions listed in Subsections 19(2) (Protecting Ecological and Hydrological Integrity), and 31(3) (Specific Land Use Policies).ofthe Oak Ridges Moraine Conservation Plan; c in the case of major development, the application complies with Clause 43(1)(b) (Sewage and Water Services)of the Oak Ridges Moraine Conservation Plan; and d the application conforms to Sections 20 (Supporting Connectivity), 22 (Key Natural Heritage Features), 23 (Natural Heritage Evaluation), 26 (Hydrologically Sensitive Features), 28 (Wellhead Protection Areas), and 29 (Areas of High Aquifer Vulnerability) Subsections 45(7) and (8) (Stormwater Management) and Section 47, (Rapid Infiltration Basins and Columns) of the Oak Ridges Moraine Conservation Plan. f Oak Ridges Moraine Settlement Area 1 Settlement Areas have been identified within the Oak Ridges Moraine Conservation Plan as areas designated for development of an urban type, permitting a range of residential, commercial, industrial and institutional uses. Settlement Areas correspond to the portion of the "Urban Areas and Towns and Villages" designation in the Region ofYork Official Plan, which is located on the Oak Ridges Moraine. Within the Settlement Area, the existing Region ofYork and Town of Aurora Official Plan policies and land use designations shall guide development, subject to the applicable provisions of the Oak Ridges Moraine Conservation Plan and the applicable policies of Section 3.13 of this Plan. 27 October 22, 2003 n Where lands are shown as Oak Ridges Moraine Settlement Area on Schedule "J" to this Plan, the uses permitted shall be in accordance with the land use designations shown on Schedule "A" ~Land Use Plan, and all applicable policies of the Oak Ridges Moraine Conservation Plan, including Subsections 19(3) (Protecting Ecological and Hydrological Integrity), and 31(4) (Specific Land Uses Policies) and all relevant policies of this Plan including Subsections 3.13.5 to 3.13.12, inclusive. m Notwithstanding policy 3.13.4.f.ii above, where lands are located within the Oak Ridges Moraine Settlement Area designation are also located within an Oak Ridges Moraine Wellhead Protection Area, or an Oak Ridges Moraine Area ofHigh Aquifer Vulnerability, then the uses permitted shall not include those uses listed in Subsections3.13.8.c, 3.13.8.d and 3.13.8.g of this Plan. IV Notwithstanding any other policies of this Plan to the contrary, the use, erection, location or expansion of abuilding or structure is permitted within the Oak Ridges Moraine Settlement Area if, a the use, erection, expansion, and location would have been permitted by the applicable zoning by-law on November 15, 2001; b the use is permitted by the Official Plan and Zoning By-law as amended in accordance with Sections 9 and I 0 of the Oak Ridges Moraine Conservation Act, 2001 even if the erection and location do not comply with the provisions listed in Subsections 19(3) (Protecting Ecological and Hydrological Integrity), and 31 ( 4) (Specific Land Use Policies) of the Oak Ridges Moraine Conservation Plan; c the use, erection, expansion and location conform to Sections 28 (Wellhead Protection. Areas), 29 (Areas of High Aquifer Vulnerability), Subsections 45(7) and (8) (Stormwater Management), and Section 47 (Rapid Infiltration Basins and Columns) of the Oak Ridges Moraine Conservation Plan; and d the applicant can demonstrate, to the extent possible, that the use, erection, expansion or location will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. v Notwithstanding any other policies of this Plan to the contrary, where an existing lot was created, prior to November 15, 200 I, and the lot is not located within a key natural heritage feature or a hydrologically sensitive feature, then for the purposes of the ecological integrity test identified in Subsection 3.13.4.f.iv.d above, such ecological integrity test shall have been 28 October 22, 2003 :i ' ' . \--1 deemed to have been fully assessed and .satisfied through the background studies, analysis, .and review process which occurred through the respective subdivision approval, consent approval or other lawful lot creation process. v1 . Notwithstanding Subsection 3. 13.4.£ v above, where an existing lot, created prior to November 15, 2001, is located within a significant woodland, an accessory use, structural addition and/or site alteration may occur subject to compliance with Subsections 3.13.4.f.iv.a, 3.13.4.f.iv.b, and 3.13.4.f.iv.c above, and provided that .the use, erection, location or expansion: -is within 7.5 metres of an existing permitted primary use on the Jot; -tree removal is only to occur within the actual area required for the use, erection or expariSion and that no other tree removal within the significant woodland or its minimum vegetation protection zone shall occur; -preserves a minimum of75% of the Jot area in a natural state and such preserved area shall not include any area devoted to a swimming pool, accessory building, paved driveway, patio or other area covered with impervious material; and -subject to satisfYing the foregoing, the ecological integrity test identified in Subsection 3.13.4.f.iv.d above, shall have been· deemed to have been fully assessed and satisfied through the background studies, analysis, and review process which occurred through the respective subdivision approval, consent approval or other lawful lot creation process. vn Notwithstanding any other policies of this Plan to the contrary, where lands within the Oak Ridges Moraine Settlement Area, as shown on Schedule "J" contain a key natural heritage feature, hydrologically sensitive feature and/or its related minimum vegetation protection zone on all or a portion of the lands, and said lands require a zoning by-Jaw amendment or minor variance, then prior to any rezoning or minor variance, or prior to undertaking any development or site alteration, the applicant shall demonstrate compliance with Subsections 19(3) (Protecting Ecological and Hydrological Integrity) and 31(4) (Specific Land Use Policies) of the Oak Ridges Moraine Conservation Plan and Subsections 3.13.5 to 3.13.12 of this Plan. The evaluation, as contemplated by Subsection 19(3) (Protecting Ecological and Hydrological Integrity) of the Oak Ridges Moraine Conservation Plan, may confirm, in accordance with criteria provided by the Province of Ontario, the presence or absence of environmental features and their boundaries, including the required minimum vegetation protection zones. Said evaluation may also 29 October 22, 2003 result in a greater minimum vegetation protection zone than is required by the policies of the Oak Ridges Moraine Conservation Plan. Where this occurs · the greater standard shall be used. All development or site alteration is prohibited within the greater minimum vegetation protection zone as established. All approved recommendations and measures of the required Natural Heritage Evaluation and/or Hydrological Evaluation, or other environmental study, shall be incorporated where appropriate, into any zoning by-law, minor variance decision, plan of subdivision approval, and/or site plan approval applying to the lands. Prior to initiating any environmental study, including a natural heritage evaluation, and/or hydrological evaluation, the applicant should consult with· the Ministry of Natural Resources with respect to current mapping for any key natural heritage, and/or hydrologically sensitive features. In addition, where site specific studies or updated information from the Province· of Ontario results in refinements to the boundary or extent of such environmental features, or their related minimum vegetation protection zones, such refinements shall not require an amendment to this Plan. viii Notwithstanding any other policies of this Plan to the contrary, where lands within the Oak Ridges Moraine Settlement Area, as shown on Schedule "J", are proposed for new major development and said lands are located within the minimum area of influence for a key natural heritage feature or hydrologically sensitive feature, as established by the Oak Ridges Moraine Conservation Plan, then the feature, its boundaries, and its minimum vegetation protection zone shall be identified and confirmed by the applicant, on a site by site basis, in accordance with criteria provided by the Province of Ontario, or through an appropriate study such as watershed plan or natural heritage, or hydrological evaluation in accordance with the policies of the Oak Ridges Moraine Conservation Plan. Said evaluation shall be undertaken prior to any rezoning, development or site alteration within the minimum zone of influence as set out in Column 3 of the Table-Key Natural Heritage Features; Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones, in Subsection 3.13.5.d of this Plan. All approved recommendations and measures of the required Natural Heritage Evaluation and/or Hydrological Evaluation, or other Environmental Study, shall be incorporated, where appropriate, into any zoning by-law, plan of subdivision and/or site plan approval applying to the subject lands. Prior to initiating any environmental study, including a Natural Heritage Evaluation, and/or Hydrological Evaluation, the applicant shall consult with the Ministry of Natural Resources with respect to current mapping for any key natural heritage, and/or hydrologically sensitive features. In addition, where site specific studies or updated information from the Province of Ontario results in refinements to the boundary or extent of such key natural 30 October 22, 2003 ,,, ""''l heritage and/or hydrologically sensitive features, or their related minimum vegetation protection zones, such refinements shallnot require an amendment to this Plan. ix Notwithstanding any other policies of this Plan to the contrary, where lands are within the Oak Ridges Moraine Settlement Area as shown on Schedule "J", and do not include a key natural heritage feature, or a hydrologically sensitive feature, then an application for site plan approval, under Section 41 of the Planning Act, is not required to comply with any provisions of the Oak Ridges Moraine Conservation Plan. However, site plan approval may be required to comply with other provisions of this Plan or other policies of the Town of Aurora. x Where Secondary Plans or Master Environmental Servicing or Functional Servicing Plans have been prepared for lands within the Oak Ridges Moraine Settlement Area designation and said studies are approved based on environmental studies or assessments that have identified minimum vegetative protection zones or minimum areas of influence different from those identified in the Oak Ridges Moraine Conservation Plan, then the standards established for the minimum protection zone and minimum area of influence within those Plans shall prevail. However, all other applicable requirements of Subsection 19(3) and 31(4) shall bernet. XI Notwithstanding any other policies of this Plan to the contrary, within Landform Conservation Areas (Category 1 and Category 2), in the Oak Ridges Moraine Settlement Area, the Town of Aurora shall review and assess all applications for development or site alteration on the basis of employing planning, design and construction practices that will keep disturbance to the landform character to a minimum, if possible, so as to satisfy the requirements of Subsections 30(5) to 30(11 ), inclusive (Landform Conservation Areas) of the Oak Ridges Moraine Conservation Plan. xu New Jots maybe created in the Oak Ridges Moraine Settlement Area subject to the provisions of Subsections 19(3) (Protecting Ecological and Hydrologicallntegrity), and 31(4) (Specific Land Use Policies)of the Oak Ridges Moraine Conservation Plan, and subject to compliance with all other applicable policies of this Plan, including Sections 3.13 .5 to 3.13 .12, inclusive. xm All transportation, infrastructure and utilities uses shall be accordance with the policies of Section 3,13 J 0 of this Plan. For transportation, infrastructure and utilities uses proposed as part of a secondary planning process within the Oak Ridges Moraine Settlement Area, Master Environmental Servicing Plans, or Functional Servicing Plans maybe used to satisfy the requirements 31 October 22, 2003 of Section 41 (Transportation Infrastructure and Utilities) of the Oak Ridges Moraine Conservation Plan, and the relevant policies of Subsection 3.13 .1 0 of this Plan. xiv For reference purposes, the policies of Subsections 19(3) (Protecting Ecological and Hydrological Integrity), and 31(4) (Specific Land Use Policies) are found in Appendix "A" to this Plan. · 3.13.5 PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY a Technical Guidance and hnplementation documents provided by the Ministry of Natural Resources, and/or the Ministry of Environment shall be regarded when implementing the policies of this Plan, and the Oak Ridges Moraine Conservation Plan, and also in respect ·to undertaking a Natural Heritage Evaluation, and/or Hydrological Evaluation, as required by the policies of this Plan. b In order to support connectivity all applications for development or site alteration on the Oak Ridges Moraine shall identifY planning, design and construction practices that ensure that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent lands within the Oak Ridges Moraine Natural Core Area and Oak Ridges Moraine Natural Linkage Area, in accordance with all applicable policies of the Oak Ridges Moraine ConservationPlan and Section 3.13 of this Plan. c The minimum area of influence that relates to a key natural heritage features or a hydrologically sensitive feature is described in Column 3, of the Table, set out in Subsection 3.13.5.d of this Plan. The policies of Section 21 (Minimum Area of Influence and Minimum Vegetation Protection Zone) of the Oak Ridges Moraine Conservation Plan shall be consulted when considering and applying these minimum areas ofinfluence and minimum vegetation protection zones (Column 2 of the Table, set out in Subsection 3.13Sd of this Plan). However, within the Town of Aurora, where Secondary Plans, or Master Environmental Servicing or Functional Servicing Plans have been prepared for lands within the Oak Ridges Moraine Settlement Area designation, and said studies are approved based on environmental studies or assessments that have identified minimum vegetation protection zones or minimum areas of influence different from those identified in the Oak Ridges Moraine Conservation Plan, then the standards established for the minimum vegetation protection zone and minimum area of influence within those plans shall prevail. All development and site alteration is prohibited within a key natural heritage feature or hydrologically sensitive feature and their related minimum vegetation protection zones as established, except as otherwise provided for in Section 3.13.3, or as permitted by Subsections 3.13.4.c.xi, 3.13.4.d.xi, 3.13.4.f.iv, 3.13.4.f.v, 3.13.4.f.vi and Section 3.13.10 of this Plan. · 32 October 22, 2003 -~~-~-~----~-·~··· d Table Key Natural Heritage Features, Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones Colwnn I Colwnn2 Colwnn3 Colwnn4 Item 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Feature Minimum Area of Influence Minimum Vegetation Protection Zone (11\ f(21 23 26 (4), 30 (12)1 Wetlands All land within 120 metres of All land within 30 metres of any part of any part offeature feature, subject to Clause 23 (d) if a . natural heritage evaluation is required Significant portions of All land within 120 metres of As determined by a narural heritage habitat of endangered; any part offearure evaluation carried out under Section 23 rare and threatened species Fish habitat All land within 120 metres of All land within 30 metres of any part of any part offeature feature, subject to Clause 23 (I) (d) if a natural heritage evaluation is required Areas of narural and All land within 120 metres of As determined by a natural evaluation scientific interest (life any part of fearure carried out under Section 23 science) Areas of natural and All land within 50 metres of any As determined by an earth science scientific interest part offearure heritage evaluation carried out under (earth science) . . Subsection 30 (12) Significant valleylands All land within 120 metres of All land within 30 metres of stable top stable top of bank ofbank, subject to Clause 23 (1) (d) if a natural heritage evaluation is required Significant woodlands All land within 120 metres of All land within 30 metres of the base of any part of fearure outertnost tree trunks within the woodland, su'Qject to Clause 23 (I) (d) if a narural heritage evaluation is required Significant wildlife All land within 120 metres of As determined by a narural heritage habitat anv part offearure evaluation carried out under Section 23 Sand barrens, All land within 120 metres of All land within 30 metres of any part of savannahs and any part of fearure fearure, subject to Clause 23 (I) (d) if a tallgrass prairies natural heritage evaluation is required Kettle lakes All land within 120 metres of All land within the surface catchment the surface catchment area area or within 30 metres of any part of feature, whichever is greater, subject to Clause 26 (4) (c) ifhydrological •. elevation is required Pertnanent and All land within 120 metres of All land within 30 metres of meander intermittent streams meander belt belt, subject to Clause 26 (4) (c) and Subsection 26 (5) if a hydrological evaluation is required Seepage areas and All land within 120 metres of All land within 30 metres of any part of springs any part of fearure fearure, subject to Clause 26 (4) (c) and Subsection 26 (5) if a hydrological evaluation is required Note: All Section numbers referenced and/or shown in brackets in Table above, refer to Sections within the Oak Ridges Moraine Conservation Plan. 33 October 22, 2003 e Key natural heritage features, as shown on Schedule "K", include wetlands; significant portions of the habitat of endangered, rare and threatened species; fish habitat; areas of natural and scientific interest (life science); and significant woodlands. Other. key natural heritage features such as significant wildlife habitat, and significant valleylands are not shown on Schedule "K". The location of these features, as well as, significant portions of the habitat of endangered, rare and threatened species are to be identified using criteria established by the Province through relevant technical manuals. The presence or absence of any key natural heritage feature and the definition of its boundaries on lands subject to a development or site alteration application, and within 120 metres of the application, shall be confirmed through environmental stUdy in accordance with criteria provided by the Province of Ontario, on a site-,by-site basis, or through an appropriate study such as a watershed plan, or natural heritage or hydrological evaluation in accordance with the policies of Sections 23, and 26(4) of the Oak Ridges Moraine Conservation Plan. Such study shall be undertaken by the applicant, prior to any development or site alteration with respect to land within the minimum zone of influence that relates to a key natural heritage feature as set out in Column 3, of the Table -Key Natural Heritage Features; Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones of Subsection 3.13 .5 .d of this Plan. Prior to initiating any environmental study including a natural heritage evaluation, and/or hydrological evaluation, the applicant shall consult with the Ministry ofNatural Resources with respect to current mapping for any key natural heritage, and/or hydrologically sensitive features. f Where site specific studies or updated information from the Province of Ontario results in refinements to the boundary or extent of a key natural heritage feature, or its related minimum vegetation protection zone, such refinement shall not require an amendment to this Plan. However, where such refinement of the boundary or extent of the feature is proposed for a wetland, area of natural and scientific interest and/or significl:lllt portions ofthe habitat of endangered, rare, and threatened species, or their related minimum vegetation protection zones, then formal confirmation of said refinement is required from the Ministry of Natural Resources, prior to any development or site alteration. In addition, where said evaluation results in a greater minimum vegetation protection zone than is required by the policies of the Oak Ridges Moraine Conservation Plan, the greater standard shall be used. All development and site alteration shall be prohibited within the greater minimum vegetation protection zone as established. 34 October 22, 2003 " g All development and site alteration is prohibited within a key natural heritage feature and itsrelllte.d minimum vegetation protection zone, with the exception of certain limited uses specified in Subsection 22(2) (Key Natural Heritage Features, Permitted Uses) of the Oak Ridges Moraine Conservation Plan, as further specified in Subsection 3.13.5.c above. h Except as provided for in Subsections.3.13.4.f,iv, 3.13.4.f.v, and 3.13.4.f.vi and Section 3.13 .1 0, an application for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural heritage feature itself and the related minimum vegetation protection zone, shall be accompanied by a natural heritage evaluation in accordance with the provisions of Section 23 (Natural Heritage Evaluation) of the Oak Ridges Moraine Conservation Plan. Said evaluation may result in a greater minimum vegetation protection zone than is required by the policies of the Oak Ridges Moraine Conservation Plan. Where such occurs the greater standard shall be used. All development and site alteration is prohibited within a key natural heritage feature or hydrologically sensitive feature and their related minimum vegetation protection zones as established. Small-scale structures such as trails, boardwalks, foot bridges, fences, and picnic facilities, are only permitted if it can be demonstrated by the applicant, that the adverse effects on the ecological integrity of the.Oak Ridges Moraine Plan Area will be kept to a minimum by: 1 keeping disturbed areas to a minimum; and n avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species. j · Notwithstanding any other policies to the contrary, new stormwater management ponds are prohibited on lands in a key natural heritage feature. k New agricultural uses, agriculture-related uses and/or related accessory uses are prohibited within a key natural heritage feature and its associated minimum vegetation protection zone, except where the lands were being used for that use on November 15, 2001. l Except as permitted in Subsection 3.13.5.m, all new transportation, infrastructure and utilities uses listed. in Subsection3.13.10.a of this Plan, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited within a key natural heritage feature or hydrologically sensitive feature. 35 October 22, 2003 m Notwithstanding the policies of Subsection 3.13.5.1 above, publicly initiated transportation, infrastructure, and utilities uses may be permitted to cross a key natural heritage feature if the following can be demonstrated: 1 the need for the project and that there is no reasonable alternative; (For municipal infrastructure projects, need shall be determined through an Environmental Assessment process under the Environmental Assessment Act, where applicable.); ii the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimum; iii the design practices adopted will maintain, and where possible improve or restore, key ecological and recreational linkages, including the trail system referred to in Section 39 of the Oak Ridges Moraine Conservation Plan; IV the landscaped design will be adapted to the circumstances of the site and use native plant species to the greatest extent possible, especially along rights of way; and v the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the key natural heritage feature. n Hydrologically sensitive features as shown on Schedule "K", include permanent and intermittent streams, and wetlands. Other hydrologically sensitive features such as seepage areas and springs have not been shown on Schedule "K". The location of these features is to be identified using criteria established by the Province, through technical manuals. The location of all hydrologically sensitive features shown on Schedule "K" particularly within the Oak Ridges Moraine Settlement Area designation, are conceptual only. The presence of said features and their boundaries are to be refined and updated in accordance with the policies of the Oak Ridges Moraine Conservation Plan, and the completion of the required watershed plan, in accordance with Subsection 24(1) of the Oak Ridges Moraine Conservation Plan. Upon review of updated mapping, the Town of Aurora Official Plan and Zoning By- law shall be amended accordingly, to reflect the revised mapping and the presence of any hydrologically sensitive features within the Oak Ridges Moraine Area. In the interim, the presence or absence of these features and the definition of their boundaries shall be confirmed through environmental study in accordance with criteria provided by the Province of Ontario on a site-by-site basis, or through an appropriate study such as a watershed plan, or hydrological evaluation in accordance with the policies of Subsection 26(4) (Hydrological Evaluation) of the Oak Ridges Moraine Conservation Plan. Such study shall be undertaken by the applicant, prior to any development or site alteration within said feature or its minimum zone of influence as set out in Column 3, of the Table -Key Natural Heritage Features; 36 October 22, 2003 Hydrologically Sensitive Features and Areas ofNatural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones as set out in Subsection 3.13.5.d of this Plan. Priorto initiating any environmental study including. a hydrological evaluation, the applicant shall confirm with the Ministry ofNatural Resources with respect to current mapping for any hydrologically · sensitive features. o Where site specific studies or updated information from the Province of Ontario results in refinements to the boundary or extent of the hydrologically sensitive feature, or its related minimum vegetation protection zone, such refinements shall not require an amendment to this Plan In addition, where said evaluation results in a greater minimum vegetation protection zone than isrequired by the policies of the Oak Ridges Moraine Conservation Plan, then the greater standard shall be used. All development and site alteration shall be prohibited within the greater minimum vegetation protection zone as established. p All development and site alteration is prohibited within a hydrologically sensitive feature and its related minimum vegetation protection zone, with the exception of certain limited uses specified in Subsection 26(2) (Hydrologically Sensitive Features and Minimum Vegetation Protection Zone) of the Oak Ridges Moraine Conservation Plan, Subsection 3.13.5.c above. q An application for development or site alteration within the minimum area of influence that relates to a hydrologically sensitive feature, but outside the hydrologically sensitiye feature itself and the related minimum vegetation protection zone, shall be accompanied by a hydrological evaluation in accordance with the policies ofSubsection 26( 4) (Hydrologically Evaluation) of the Oak Ridges Moraine Conservation Plan. Said evaluation may result in a greater minimum vegetation protection zone than required by the policies of the Oak Ridges Moraine Conservation Plan. Where such occurs the greater standard shall be used. All development and site alteration shall be prohibited within the greater minimum vegetation protection zone as established. r Small-scale structures such as trails, boardwalks, foot bridges, fences, and picnic facilities, are only permitted if it can be demonstrated by the applicant, that the adverse effects on the ecological integrity of the Oak Ridges Moraine Plan Area will be kept to a minimum by: 1 keeping disturbed areas to a minimum; and 11 avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species. 37 October 22, 2003 s Notwithstanding any policies to the contrary, new storD1water management ponds are prohibited on lands in a hydrologically sensitive feature. t New agricultural uses, agriculture-related uses and/or related accessory uses are prohibited within a hydrologically sensitive feature and its associated minimum vegetation protection zone, except where the lands were being used for that use on November 15, 2001. u Except as permitted in Subsection 3.13.5.v, all new transportation, infrastructure and utilities uses, listed in Subsection 3.13.10.a of this Plan, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited within a hydrologically sensitive feature. v Notwithstanding the policies of Subsection 3.13.S.u above, publicly initiated transportation, infrastructure, and utilities uses may be permitted to cross a hydrologically sensitive feature if the following can be del11onstrated: 1 the need for the project and that there is no reasonable alternative; (For municipal infrastructure projects, need shall be determined through an Environmental Assessment process under the Environmental Assessment Act, where applicable.); n the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to a minimUDI; m the design practices adopted will maintain, and where possible improve or restore, key ecological and recreational linkages, including the trail system referred to in Section 39 of the Oak Ridges Moraine Conservation Plan; iv the landscape design will be adapted to the circumstances of the site and use native plant species to the greatest extent possible, especially along rights of way; and v the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the key natural heritage feature of hydrologically sensitive feature. 38 October 22, 2003 3.13.6 LANDFORM CONSERVATION AREAS a Oak Ridges Moraine Landform Conservation Areas are identified on Schedule "L". The boundaries of the Landform Conservation Areas shown on Schedule "L" may be further defin.ed, in a manner that is consistent with Provincial mapping, but . with greater precision than the Provincial maps currently show. This further refinement of such boundaries does not require an amendment to this Plan. b There are two categories of Landform Conservation Areas. They are as follows: Landform Conservation Area (Category 1) and Landform Conservation Area (Category 2) as set out below: 1 Landform Conservation Area (Category 1) An application for development or site alteration with respect to land in a Landform Conservation Area (Category 1), where permitted by this Plan, shall identify planning, design and construction practices that will keep disturbance to landform character to a minimuni, including, a maintaining significant landform features such as steep, slopes, kames, kettles, ravines and ridges in their natural undisturbed form; b limiting the portion of the net developable area of the site that is disturbed to not more than 25 per cent of the total area of the site; and c limiting the portion of the net developable area of the site that has impervious surfaces to not more than 15 per cent of the total area of the site. n Landform Conservation Area (Category 2) An application for development or site alteration with respect to land in a Landform Conservation Area (Category 2) where permitted by this Plan shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including, a maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form; b limiting the portion of the net developable area of the site that is disturbed to not more than 50 per cent of the total area of the site; and c limiting the portion of the net developable area of the site that has impervious surfaces to not more than 20 per cent of the total area of the site. · 39 October 22. 2003 c Subsections 3.13.6.b.i and 3.13.6.b.ii above, and Subsection 3.13.6.e do not apply in respect of mineral aggregate operations. d An application for major development on lands in a landform conservation area of either category, where permitted by this Plan, shall be accompanied by a landform conservation plan, prepared in accordance with the policies of Subsections 30(8) (Landform Conservation Plan Requirements), and 30(9) (Landform Conservation Plan Development Strategy) of the Oak Ridges Moraine Conse~ation Plan. e An application for development or site alteration that does not constitute major development, with respect to land in a Landform Conservation Area of either category, where permitted by this Plan, shall be accompanied by a site plan that in accordance with the policies of Subsection 30(1 0) (Requirements for Site Plan) of the Oak Ridges Moraine Conservation Plan. f An application for development or site alteration with respect to land in an area of natural and scientific interest (earth science) or its related minimum area of influence, where permitted by this Plan, shall be accompanied by an earth science heritage evaluation, in accordance with the policies of Subsection 30(12) (Earth Science Heritage Evaluation Requirements) of the Oak Ridges Moraine Conservation Plan. The Minimum Area of Influence shall be in accordance with the Table set out in Subsection 3.13.5.d of this Plan, or in accordance with the policies of Subsection 3.13.4.f.x of this Plan, where applicable. g For reference purposes the policies of Section 30 (Landform Conservation Areas) of the Oak Ridges Moraine Conservation Plan are found in Appendix "A" to this Plan. 3.13.7 GROUNDWATERPROTECTION Protection of water resources is imperative to ensure the health of Town residents and the maintenance of the ecosystem. The Oak Ridges Moraine Conservation Plan requires comprehensive watershed planning, the establishment of wellhead protection areas and the restriction of certain land uses which may impact on the shallow aquifer. a It is intended that water budgets and conservation plans shall be prepared by the Region of York in accordance with the policies of Section 25 (Water Budgets and Conservation Plans) of the Oak Ridges Moraine Conservation Plan. The Town of Aurora shall incorporate into the Official Plan by Official Plan Amendment, the applicable objectives and requirements of the completed watershed plan or plans, applicable to the Oak Ridges Moraine Area. 40 October 22, 2003 ,! b Major development is prohibited unless, 1 the watershed plan for the relevant watershed, prepared in accordance with Subsection 24(3) (Watershed Plan) of the Oak Ridges Moraine Conservation Plan has been completed; ii · the major development conforms with the watershed plan; and m a water budget and conservation plan, prepared in accordance with Section 25 (Water Budgets and Conservation Plans) of the Oak Ridges Moraine Conservation Plan, den10nstrates that the water supply required for the major development is sustainable. c Section 3.13.7.b above applies to every application that is commenced on or after April23, 2007. d Every application for major development commenced prior to April23, 2007, except as described in Section 3.13.7.e below, shall not be approved unless in accordance with the following policies: 1 the Region of York has completed a water budget and conservation plan in accordance with the policies of Section 25 of the Oak Ridges Moraine Conservation Plan which demonstrates that the water supply required for the major development is sustainable; or n the applicant, identifies any hydrologically sensitlve features and related hydrological functions on the site and how they will be protected; demonstrates that an adequate· water supply is available for the . development without compromising the ecological integrity of the Oak Ridges Moraine Plan Area; and provides, with respect to the site and such other land as the approval authority considers necessary, a water budget and water conservation plan that: characterizes groundwater and surface water flow systems by means of modelling, identifies the availability, quantity and quality of water sources; and identifies water conservation measures. 41 October 22, 2003 e Clause 3.13.7.d above relates to that part of the l!own of Aurora that is serviced by the Yonge Street Aquifer, and applies to every application that is commenced on or after the latter of April22, 2004, or the completion of the required Water Budget and ·Conservation Plan, by the Regional Municipality of York. f Except with respect to land in the Oak Ridges Moraine Settlement Area, all development and site alteration, with respect to land in a subwatershed, are prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed, 1 I 0 per cent; or n any lower percentage specified in the applicable watershed plan, as required in Section 3.13.7 of this Plan. g The desirability of ensuring that at least 30 per cent of the area of the subwatershed has self-sustaining vegetation shall be taken into account when considering applications for development or site alteration with respect to land in a subwatershed, except with respect to land in the Oak Ridges Moraine Settlement Area. h The importance of the following shall be regarded when considering applications for development or site alteration with respect to land in a subwatershed, in the Oak Ridges Moraine Settlement Area: ensuring that natural vegetation is maintained, and where possible improved or restored; and ii keeping to a minimum impervious surfaces and their impact on water quality and quantity. Upon completion of the required watershed plan, or plans as set out in Subsection 3.13. 7.a, the Town of Aurora shall incorporate appropriate provisions into the Town of Aurora's Zoning By-law to implement the policies of Subsections 3.13.7.f, 3.13.7.g, and 3.13.7.h of this Plan. 3.13.8 OAK RIDGES MORAINE WELLHEAD PROTECTION AREAS a Wellhead Protection Areas are zones around wells where land uses must be carefully plarnied to protect the quality of the water supply. These zones shall be established by the Regional Municipality of York within the Oak Ridges Moraine Plan Area. Land use restrictions shall be applied within the Oak Ridges Moraine Wellhead Protection Areas based on "time-of-travel" for groundwater to reach the municipal well and the relative threat posed by certain land uses/activities in proximity to such wellheads. 42 October 22, 2003 b Oak Ridges Moraine Wellhead Protection Areas and Time-of-Travel Zones are delineated on .Schedule "W. Wellhead protection areas shall identify zones of contribution corresponding to, i 0 to 2 years oftime of travel; ii 2 to 1 0 years of time of travel; and m 1 0 to 25 years oftime of travel. Wellhead protection techniques may be incorporated through the Town Zoning By- law, together with other implementation techniques that are available. c Within all Oak Ridges Moraine Wellhead Protection Areas, as shown on Schedule "N", the following uses, with the exception of existing uses permitted by Subsection 3.13. 3 of this Plan, are prohibited: 1 Storage, except by an individual forpersonal or family use, of: petroleum fuels; petroleum solvents and chlorinated solvents; pesticides, herbicides and fungicides; construction equipment; inorganic fertilizers; . road salt; and contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 34 7 of the Revised Regulations of Ontario, 1990; 11 Generation and/or storage ofhazardous waste or liquid industrial waste; and m Waste disposal sites and facilities, organic soil conditioning sites and snow storage and disposal facilities. d Further, notwithstanding any other provisions of this Plan, on lands shown on Schedule "N", within the 0 to 2 year time of travel zones, for every Wellhead Protection Area on the Oak Ridges Moraine, uses which involve the following are prohibited, except by an individual for personal or family use: Storage of animal manure; 11 Animal agriculture; and m Storage of agriculture equipment. 43 October 22, 2003 e Every person who carries on a use listed in Subsections 3.13 .8.c and 3.13 .8.d above, as an owner or operator, shall be required to prepare and maintain a site management and contingency plan, subject to the approval of the Region ofY ork, that is aimed at reducing or eliminating the creation of the materials referred to above, and their release into the environment. f The Town of Aurora shall consider and encourage restrictions on haulage routes for the transportation of chemicals and volatile materials through designated Oak Ridges Moraine Wellhead Protection Areas. g The following uses, with the exception of those existing uses permitted by Subsection 6(1) (Existing Uses, Buildings .and Structures) of the Oak Ridges Moraine Conservation Plan, are prohibited in the Oak Ridges Moraine Areas of High Aquifer Vulnerability as identified on Schedule "M". 1 Generation and storage ofhazardous waste or liquid industrial waste; 11 Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities; 111 Underground and above-ground storage tanks that are not equipped with an approved secondary containment device; and iv Storage of a contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990. h In addition, the Town of Aurora shall encourage restrictions on haulage routes for the transportation of chemicals and volatile materials in areas of high aquifer vulnerability. 3.13.9 SEWAGE AND WATER SERVICES a An application for major development, where permitted by this Plan, shall be accompanied by a sewage and water system plan that demonstrates, that the ecological integrity of hydrologically sensitive features and key natural heritage features will be maintained; 11 that the quantity and quality of groundwater and surface water will be maintained; 111 that stream baseflows will be maintained; . 44 October 22, 2003 ' iv that the project will comply with the applicable watershed plan and water budge~ and conservation plan; and v that the water use projected for the development will be sustainable. b Water and sewer service trenches shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum. c The construction or expansion of partial services is prohibited, unless the construction or expansion of partial services is necessary to address a serious health concern or environmental concern, or the construction or expansion was approved under the Environmental Assessment Act before November 17, 2001 and the period of time during which the construction or expansion may begin has not expired. 3.13.10 TRANSPORTATION, INFRASTRUCTURE AND UTILITIES a Transportation, infrastructure and utilities uses are permitted in all land use designations on the Oak Ridges Moraine, except as otherwise provided for in Subsections 3.13.4.c.ix, 3.13.4.c.x, 3.13.4.c.xi, 3.13.4.d.ix, 3.13.4.d.x, 3.13.4.d.xi, 3.13.4.e.ii, 3.13.4.f.ii,3.13.5.1, 3.13.5.m, 3.13.5.u, 3.13.5.v, 3.13.10b, 3.13.10.c, 3.13.10.d, and 3.13.10.e. Transportation, infrastructure and utilities uses shall include: 1 public highways; 11 transit lines, railways and related facilities; m gas and oil pipelines; IV sewage and water service systems and lines and stormwater management facilities; v power transmission lines; VI telecommunications lines and facilities, including broadcasting towers; vu bridges, interchanges, stations, and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed in Clauses i to vi above; and vm rights of way required for the facilities listed in Clauses i to vii above. 45 October 22, 2003 b An application for a transportation, infrastructure or ~:~tilities use with respect to land within the Oak Ridges Moraine Natural Core Area designation shall not be approved unless in accordance with Subsection 3.13.4.c.ix, 3.13.4.c.x, and 3.13.4.c.xi of this Plan . . c An application for a transportation, infrastructure or utilities use with respect to land within the Oak Ridges Moraine Natural Linkage Area designation shall not be approved unless in accordance with Subsection 3.13 .4.d.ix, 3.13 .4.d.x and 3.13 .4 .d.xi of this Plan. d Except as permitted in Subsection 3.13.1 O.e, all new transportation, infrastructure and utilities uses listed in Subsection 3.13.10.a ofthis Plan, and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited within a key natural heritage feature or hydrologically sensitive feature. e Notwithstanding the policies of Subsection 3.13.10.d publicly initiated transportation, infrastructure, and utilities uses may be permitted to cross a key natural heritage feature or a hydrologically sensitive feature if the following can be demonstrated: 1 the need for the project and that there is no reasonable alternative. (For municipal infrastructure projects, need shall be determined through an Environmental Assessment process under the Environmental Assessment Act, where applicable.); ii the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Oak Ridges Moraine to minimum; m the design practices adopted will maintain, and where possible improve or restore, key ecological and recreational linkages, including the trail system referred to in Section 39, of the Oak Ridges Moraine Conservation Plan; IV the landscape design will be adapted to the circumstances ofthe site and use native plant species to the greatest extent possible, especially along rights of way; and v the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the key natural heritage feature or hydrologically sensitive feature. f Service and utility trenches for transportation, infrastructure and utilities shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum. 46 October 22. 2003 g In considering an application for a transportation, infrastructure or utilities use, the Town shall, in consultation with other relevant governmental agencies, assess the proposed project in relation to the requirements of Subsection 3.13.10 of this Plan and the relevant policies of the Oak Ridges Moraine Conservation Plan, and the Environmental Assessment Act and other pertinent procedures included in the Planning Act, Local Improvement Act and Condominium Act. For transportation, infrastructure and utilities uses proposed as part of a secondary planning process within the Oak Ridges Moraine Settlement Area designation, Master Environmental Servicing Plans or Functional Servicing Plans may be used to satisfy the requirements of Section 41 of the Oak Ridges Moraine Conservation Plan. 3.13.11 STORMW ATER MANAGEMENT a An application for major development, where permitted by this Plan, shall be accompanied by a stormwater management plan, as set out in Section 46 (Stormwater Management Plans) of the Oak Ridges Moraine Conservation Plan. b Every application for development or site alteration shall demonstrate that planning, design and construction practices that protect water resources will be used, including: 1 keeping the removal of vegetation, grading and soil compaction to a mmJmum; 11 keeping all sediment that is eroded during construction within the site; iii seeding or sodding exposed soils as soon as possible after construction; and IV keeping chemical applications to suppress dust and control pests and vegetation to a minimum. c In considering an application for development or site alteration, the Town shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize storm water volumes and contaminant loads. d Development standards shall incorporate planning, design and construction practices that will, 1 reduce the portions oflots and sites that have impervious surfaces; and 11 provide the flexibility to use alternative storm water management techniques such as directing roof discharge to rear yard ponding areas and using grassed swales. 47 October 22, 2003 e Subsections 3.13.ll.b, 3.13.11.c, and 3.13.11.d shall not apply to applications for mineral aggregate operations. f For the purposes of stormwatermanagement, the minimum standard for water quality is that 80 per cent of suspended solids shall be removed from stormwater runoff as a long-term average. g Disposal of storm water into a kettle lake is prohibited. h New stormwater management ponds are prohibited on lands within a key natural heritage feature and/or hydrologically sensitive feature. A "stormwatermanagement pond" shall mean a detention basin that temporarily stores or treats collected storm water runoff and releases it at a controlled rate. Stormwater management plans subject to the policies of Section 46 of the Oak Ridges Moraine Conservation Plan, shall be prepared in accordance with the applicable watershed plan, under Section 24 (Watershed Plans) of the Oak Ridges Moraine Conservation Plan. 3.13.12 RAPID INFILTRATION BASINS AND COLUMNS a New rapid infiltration basins and new rapid infiltration.columns as defined in the Oak Ridges Moraine Conservation Plan are prohibited. For reference these definitions are set out in Appendix "A" to this Plan." 41. Section 4.4 Site Plan Control is hereby amended by the addition of the following new policy: "d Notwithstanding Section 4.4.b above, where lands are located on the Oak Ridges Moraine, site plan control shall be in accordance with the relevant policies of the Oak Ridges Moraine Conservation Plan." 42. Section 4.7.2 CONSENT is amended by the addition of new policy as follows: "f Notwithstanding any other policies of this Plan to the contrary, where lands are located within the Oak Ridges Moraine Natural Core Area, Oak Ridges Moraine Natural Linkage Area, or Oak Ridges Moraine Countryside Area designations, a lot may only be created in accordance with the relevant policies of Subsections 3.13.4.c, 3.13Ad and 3.13.4.e of this Plan." 48 October 22, 2003 43. Section 4.11.3 Tree By-law is hereby amended by the addition of the following sentence at the end of Section 4.11.3. "Council shall also in accordance with the Oak Ridges Moraine Conservation Act, 2001, adopt site alteration and tree by-laws in conformity with Sections 223.1 and 223.2 of the Municipal Act." 44. Section 4.14.1 is hereby amended by the addition of the following clause at the end of Section 4.14.1: "Notwithstanding the foregoing, the boundary of the Oak Ridges Moraine shall not be further defined. The designations within the Oak Ridges Moraine Plan Area as shown Schedule "J" to this Plan may be further defined, in a manner that is consistent with the policies and mapping of the Oak Ridges Moraine Conservation Plan, but with greater precision then the map can show. Where polices within this Plan contradict the policies of the Oak Ridges Moraine Conservation Plan, the more restrictive policies shall prevail." 45. PART FOUR-IMPLEMENTING THE PLAN, is amended by the addition of a new subsection as follows: "4.14.13 Oak Ridges Moraine Conservation Plan a All references to the Oak Ridges Moraine Conservation Act, 2001 and Sections therein, refer to the Oak Ridges Moraine Conservation Act, Bill 122, Chapter 31, Statutes of Ontario 2001. All references to the Oak Ridges Moraine Conservation Plan and Sections therein, refer to the Oak Ridges Moraine Conservation Plan, November 16,2001. b In the case of conflict between the Oak Ridges Moraine Conservation Plan and a policy statement issued under Section 3 of the Planning Act, the Oak Ridges Moraine Conservation Plan shall prevail. Notwithstanding this, decisions on Planning Act, and Condominium Act applications are still required to have regard to Provincial policies such as those in the Provincial Policy Statement, where there is no conflict with the Oak Ridges Moraine Conservation Plan." 49 October 22, 2003 46. By adding the following new section following Section 4.14.14. "4.14.14 Oak Ridges Moraine Terminology The policies of this Plan reference certain tenns and definitions which are based on tenns and definitions found in the Oak Ridges Moraine Conservation Plan. For reference purposes these definitions and tenns are set out below. Where questions of interpretation arise, regard shall be had to the Oak Ridges Moraine Conservation Plan itself. "accessory use" means a use of land, buildings or structures that normally incidental or subordinate to the principal use, building or structure located on the same lot; "adverse effect" means any impairment, disruption, destruction or harmful alteration; "adversely affect" means to have an adverse effect on; "agricultural uses" means, a) growing crops, including nursery and horticulture crops, b) raising livestock and other animals, including poultry and fish, for food and fur, c) aquaculture, and d) agro-forestry and maple syrup production; "agriculture-related uses" means commercial and industrial uses that are, a) smali-scale, b) directly related to a farm operation, and c) required in close proximity to the farm operation; "animal agriculture" means growing, producing and raising farm animals including, without limitation, a) livestock, including equines, poultry and ratites, b) fur-bearing animals, c) bees, d) cultured fish, e) deer and elk, and f) game animals and birds; "application" includes a matter, proceeding or request; "aquifer vulnerability" means an aquifer's intrinsic susceptibility, as a function of the thickness and penneability of overlying layers, to contamination from both human and natural impact on water quality; 50 October 22, 2003 ! "area of natural and scientific interest" (earth sciem:e) means an area that has been, a) identified as having earth science values related to protection, scientific study or education, and b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; "area of natural and scientific interest" (life science) means an area that has been, a) identified as having life science values related to protection, scientific study or education, and b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; "bed and breakfast establishment" means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is the principal residence of the proprietor of the establishment; "connectivity" means the degree to which key natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs; "development" means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, .or theDrainage Act, but does not include, a) the construction of facilities for transportation, infrastructure and utilities uses, as described in Section 41, of the Oak Ridges Moraine Conservation Plan, by a public body, or b) the reconstruction, repair or maintenance of a· drain approved under the Drainage Act and in existence on November 15, 2001, or c) the carrying out of agriculture practices on land that was being used for agricultural uses on November 15, 2001; "dwelling unit" means one or more habitable rooms, occupied or capable ofbeing occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants; "earth science values" means values that relate to the geological, soil and landform features of the environment; "ecological features" means naturally occurring land, water and biotic features that contribute to ecological integrity; 51 October 22, 2003 "ecological functions" means the natural processes, products or services that living and non- living enviromnents provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio- economic interactions; ' "ecological integrity", which includes hydrological integrity, means the condition of ecosystems in which, a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, b) natural ecological processes are intact and self-sustaining, and c) the ecosystems evolve naturally; "ecological value" means the value of vegetation in maintaining the health of the key natural heritage feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species; "endangered species" means any native species, as listed in the regulations under the Endangered Species Act, that is a risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed; "existing" means lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; "farm retirement lot" means a lot that is severed farm land that is being used in a farming operation, on the application of a person who, a) owned and operated the farm operation, as a full-time farmer, for a substantial number of years, b) was engaged in farming on January I, 1994, or on an earlier date set out in the applicable Official Plan, and c) has reached retirement age and is retiring from active working life; "farm vacation home" means an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment; "fish habitat" means the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans· (Canada; "forest access road" means a one or two-lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes; 52 October 22, 2003 I '., j "forest management" means the management of~oodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities, a) b) c) for the production of wood and wood products, including maple syrup, to provide.outdoor recreation opportunities, to maintain, and where possible improve or restore, conditions for wildlife, and d) to protect water supplies; "groundwater recharge" means the replenishment of subsurface water, a) resulting from natural processes, such as the infiltration of rainfall and snowmelt and the seepage ofsurface water from lakes, streams and wetlands, and b) resulting . from human intervention, such as the use of stormwater management systems; "habitat of endangered, rare and threatened species" means land that, a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and find adequate amounts offood, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non- migratory species, and b) has been.further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "hazardous waste" has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; "home business" means an occupation that, a) involves providing personal or professional services or producing custom or artisanal products, b) is carried on as a small-scale accessory use within a single dwelling by one or more of its residents, and c) does not include uses such as an auto repair or paint shop or furniture stripping; 53 October 22, 2003 "home industry" means a business that, a) is carried out on as a small-scale usethatis accessory to a 'single dwelling or agricultural operation, b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, c) may be carried on in whole or in part in an accessory building, and d) does not include uses such as an auto repair or paint shop or furniture stripping; "hydrological cycle" means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things; "hydrological features" means, a) permarient and intermittent streams, b) wetlands, c) kettle lakes and their surface catchment areas, d) seepage areas and springs, and e) aquifers and recharge areas; "hydrological functions" means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, artd in the atmosphere, and water's interaction with the environment including its relation to living things; "hydrological integrity" means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity; "hydrologically sensitive feature" means a hydrologically sensitive feature as described in Section 26 to the Oak Ridges Moraine Conservation Plan; "impervious surface" means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot; "institutional use" includes, without limitation, a long-term care facility, hospital, school, university or college; "kame" means a mound, hummock or conical hill of glacial origin; "kettle lake" means a depression formed by glacial action and permanently filled with water; "key natural heritage feature" means a key natural heritage feature as described in Section 22 of the Oak Ridges Moraine Conservation Plan; 54 October 22, 2003 ' ---------~------------------·--·---------------~~~----._ .. -- "landform features" means distinctive physical attributes of land such as slope, shape, elevation and relief; "landform conservation area" means a landform conservation area as descried in Section 30 of the Oak Ridges Moraine Conservation Plan; "life science values" means values that relate to the living component of the environment; "liquid industrial waste" has the same meaning as in Regulation 34 7 of the Revised Regulations of Ontario, 1990; "lot" means a parcel ofland that is, a) described in a deed or other document legally capable of conveying an interest in the land, or b) shown as a Jot or block on a registered plan of subdivision; "low-intensity recreational use" is a recreational use that has a minimal impact on the natural environment, and requires very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following, a) Non-motorized trail uses, b) Natural heritage appreciation, c) Unserviced camping on public and institutional land, and· d) Accessory uses; "major development" means development of, a) the creation of four or more Jots, b) the construction of a building or buildings with a ground floor area of 500 square metres or more, or c) the establishment of a majorrecreationaluse as described in Section 38 of the Oak Ridges Moraine Conservation Plan; "meander belt" means the land across which a stream shifts its channel from time to time; "mineral aggregate" means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rockor other material prescribed under the Aggregate Resources Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under that Act; "mineral aggregate operation" means, a) an operation, other than.a wayside pit, conducted under a licence or permit under the Aggregate Resources Act, and b) associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related by- products; 55 October 22, 2003 "natural self-sustaining vegetation" means self-sustaining vegetation dominated by native plant species; "net developable area" means the area of a lot or site, less any area that is within a key natural heritage feature or a hydrologically sensitive feature; "Oak Ridges Moraine Conservation Plan Area" and "Plan Area" mean the areas described in Section 2, of the Oak Ridges Moraine Conservation Plan; "original half lot" means half of an original lot that contained 80.9 hectares (200 acres), more or less; "original lot" means a Township lot shown on a plan certified by the Surveyor General of Ontario as being the original plan of an original survey; "partial service" means connections linking a building to, a) a communal sewage or water service or a full municipal sewage or water service, and b) an individual on-site sewage or water system; "portable asphalt plant" means a temporary facility, to be dismantled at the completion of a construction project, where, a) equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and b) bulk materials used in the process described in Clause a) above are kept; "prime agricultural area" means an area that is, a) designated as prime agricultural land in the relevant Official Plan, or b) identified through an alternative agricultural land evaluation system approved by the Government of Ontario; "prime agricultural land" means, a) land where fruit and vegetable crops and greenhouse crops area grown, b) agriculturally developed organic soil land, or c) land with Class I, 2 or 3 soils according to the Canada Land Inventory; "rapid inf"Iltration basin" means a basin or system ofbasins at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces; 56 October 22, 2003 "rapid infiltration column" means a column or system of columns at or below surface grade that is constructed in porous soil and punctures through a relativel:y impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces; "rare species"means a native species that is not currently at risk of becoming threatened but, because of its limited distribution, small population of specialized habitat needs, could be put at risk of becoming threatened through all or part of its Ontario range by changes in land use or increases in certain types of human activity; "residence surplus to a farming operation" means, a) if there are two or more farm residences, both built before 1978, on a lot that is being used in a farming operation, one of those residences that is surplus to the farming operation, or b) if the owner and operator of a farming operation acquires an additional lot and uses it in the consolidated farming operation, any existing farm residence that is surplus to the consolidated farming operation; "retirement home" means a building in which, a) accommodation is provided, mainly forretired persons, b) common kitchen and dining facilities area provided for the residents, and c) common lounges, recreation rooms and health care facilities may also be provided for the residents; "rural lot" means a lot that is at least 97.5 per cent of the land that is left in an original lot or an original half lot after the deduction of any land that is, a) conveyed at any time for transportation, utilities and infrastructure as described in Section 41, of the Oak Ridges Moraine Conservation Plan, whether before, on or after November 16, 2001, or b) validly conveyed before June 27, 1970; "sand barrens" means land (not including land that is being used for agricultural purposes and no longer exhibits sand barrens characteristics) that, a) has sparse or patchy vegetation that is dominated by plants that are, i) adapted to severe drought and low nutrient levels, and ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire, b) has less than 25 per cent tree cover, c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; 57 October 22, 2003 "saturated zone" means the zone below the water table where the spaces between soil grains are filled with water; "savannah" means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that, a) has vegetation with a significant component of non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, b) has from 25 per cent to 60 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "self-sustaining vegetation" means vegetation dominated byplants that can grow and persist without direct human management, protection, or tending; "significant" means identified as significant by the Ministry of Natural Resources, using evaluation procedures established by that Ministry, as amended froin time to time; "single dwelling" means a building containing only one dwelling unit; "site" means the lands subject to an application; "site alteration" means activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics ofland, but does not include, a) the construction of facilities for transportation, infrastructure and utilities uses, as described in Section 41, of the Oak Ridges Moraine Conservation Plan, by a public body, or b) for greater certainty, j) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15,2001, ii) the carrying out of agriculturalpractices on land that was being used for agricultural uses on November 15, 2001; "stormwater management pond" means a detention basin that temporarily stores or treats collected storm water runoff and releases it at a controlled rate; "subwatershed" means an area that is drained by a tributary or some defined portion of a stream; "surface catchment area" means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland; 58 October 22, 2003 ' ~-~--~~-~~---------- i~ 'if.' -1 "sustainable", when used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected; "tallgrass prairie" means land (not including land that is l:>eing used for agricultural purposes and no longer exhibitstallgrass prairie characteristics) that, a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, b) has less than 25 per cent tree cover, c) has mineral soils, and d) has been further identified, by the Ministry ofNatural Resources or by an any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended. from time to time; "threatened species" means any native species that is at risk of beco!lling endangered throughout all or part of its Ontario range if the limiting factors are not reversed; "time of travel" means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone; "unserviced park" means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking Jots or permanent water or sewer facilities; "valleyland" means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year; "watershed" means an area that is drained by a river and its tributaries; "wayside pit" means a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the road right of way; "wellhead protection area" means the surface and subsurface area surrounding a wter well or well field that supplies a public water system and through which contaminants are reasonable likely to move so as eventually to reach the water well or well field; "wetland" means land such as a swamp, marsh, bog or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that, a) is seasonally or permanently covered by shallow water or has the water table close to or at the surface, b) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and c) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry ofNatural Resources, as amended from time to time; 59 October 22. 2003 "wildlife habitat" means land that, a) is an area where plants, animals and other organisms live or have the potential to live and find adequate amounts of food, water, shelter and space to sustain their population, including an area where a species concentrates at a vulnerable point in its annual. or life cycle and an area that is important to a migratory or non-migratory species, and · b) has been further identified, by the Ministry of Natural Resources or ay any other person, according to evaluation procedures .established by the Ministry ofNatural Resources, as amended from time to time; "woodland" means a treed area, woodlot or forested area, other than a cultivated fruit or nut orchard or a plantation established for .the purpose of producing Christmas trees; "zone of contribution", when used in reference to a period of time, means the area within which the water pumped from a well originates during that time. NOTES: For purposes of this Plan, an application shall be deemed to have been commenced on the day set out in the relevant clause of Subsection 15(4) of the Oak Ridges Moraine ConserVation Act, 2001." In this Plan "application" includes a matter, proceeding or request." 60 October 22. 2003 APPENDIX "A" Oak Ridges Moraine Conservation Plan (text only) 61 October 22, 2003 •'. ~.' ~ APPENDIX "B" ..,. '·'" Oak Ridges Moraine Conservation Plan Land Use Designations (Map) 62 October 22, 2003 APPENDIX "A" Oak Ridges Moraine ConservatimlPlan (text only) October 22. 2003 Note: Due to time constraints for copying the materials, the regulation contained in this document does not identify the actual regulation number and Minister's signature. ONTARIO REGULATION made under the OAK RIDGES MORAINE CONSERVATION ACf, 2001 OAK RIDGES MORAINE CONSERVATION PLAN I. Plan 2. Application 3. Defmitions CONTENTS PART I GENERAL 4. Date of commencement of application 5. Prohibition 6. Existing uses, buildings and structures 7. Previously authorized single dwelling 8. Building or structure previously authorized or authorized under s. 17 (I) of Act 9. Exception, site plan approval PART II LAND USE DESIGNATIONS I 0. Division of Plan Area, land use designations II. Natural Core Areas 12. Natural Linkage Areas 13. Countryside Areas 14. Residential development in certain parts of Countryside Areas 15. New lots in Countryside Areas 16. Plans of subdivision, site plan approval and lot creation in Countryside Areas I 7. Previously au,thorized uses, buildings and structures in Countryside Areas 18. Settlement Areas PART ill PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY 19. Purpose and application 20. Supporting connectivity 2 1. Minimum area of influence and minimum vegetation protection zone KEY NATURAL HERITAGE FEATURES 22. Key natural heritage features 23. Natural heritage evaluation HYDROLOGICAL FEATURES 24. Watershed plans 25. Water budgets and conservation plans 26. Hydrologically sensitive features 2 7. Subwatersheds 28. Wellhead protection areas 29. Areas of high aquifer vulnerability LANDFORM CONSERVATION AREAS 30. Landform conservation areas Table PARTN SPECIFIC LAND USE POLICIES 3 1. Application 32. Lot creation 3 3. Restriction re agricultural uses, mineral aggregate operations, wayside pits 3 4. Uses accessory to agricultural uses 3 5. Mineral aggregate operations and wayside pits 36. Comprehensive rehabilitation plans 3 7. Low-intensity recreational uses 38. Major recreational uses 39. Trail system 40. Small-scale commercial, industrial, and institutional uses 41. Transportation, infrastructure, and utilities 2 Plan 42. Official plan provisions, wellliead protection areas, areas of high aquifer vulnerability 43. Sewage and water services 44. Partial services 45. Storm water management 46. Storm water management plans 4 7. Rapid infiltration basins and columns PARTV PRESCRIBED PROVISIONS 48. Prescribed provisions, subsection 15 (2) of Act 49. Commencement PART I GENERAL 1. In this Regulation, "Plan" means the Oak Ridges Moraine Conservation Plan. Application 2. (1) This Plan applies to the area shown as the Oak Ridges Moraine Conservation Plan Area on the map entitled "Oak Ridges Moraine Conservation Plan Land Use Designation Map", numbered 208, dated April 17, 2002 and on file in the offices of the Ministry ofMunicipal Affairs and Housing at Toronto. (2) Copies of the land use designation map referred to in subsection (1) are available for public inspection, (a) at the government information office located at the Macdonald Block at 900 Bay Street, Toronto; and (b) at the Ministry of Natural Resources district offices located at, (i) 50 Bloomington Road West, Aurora, and (ii) 300 Water Street, Peterborough. (3) The land use designation map referred to in subsection (I) is also posted on the internet at http://www .mah.gov.on.ca/oakridgesmoraine/land_use'-. .full-e.asp. 3 (4) Despite subsection (1), along the part of the southern boundary of the Plan Area that lies between UTM T2034 and UTM Tl266 as shown on the plan referred to in subsection 1 (1) of Ontario Regulation 01/02, land is in the Plan Area if, (a) it is above the contour of elevation 245.00 Canadian Geodetic Vertical Datum · 1928 (GDVD28); and (b) it is within the Oak Ridges Moraine Area as designated by Ontario Regulation 01/02. Defmitions 3. (1) In this Plan, "accessory use" means a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot; "adverse effect" means any impairment, disruption, destruction or harmful alteration; "adversely affect" means to have an adverse effect on; "agricultural uses" means, (a) growing crops, including nursery and horticultural crops, (b) raising livestock and other animals, including poultry and fish, for food and fur, (c) aquaculture, and (d) agro-forestry and maple syrup production; "a6'Ticulture-related uses" means commercial and industrial uses that are, (a) small-scale, (b) directly related to a farm operation, and (c) required in close proximity to the farm operation; "animal agriculture" means growing, producing and raising farm animals including, without limitation, (a) livestock, including equines, poultry and ratites, 4 (b) fur-bearing animals, (c) bees, (d) cultured fish, (e) deer and elk, and (f) game animals and birds; "aquifer vulnerability" means an aquifer's intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality; "area of natural and scientific interest" (earth science) means an area that has been, (a) identified as having earth science values related to protection, scientific study or education, and (b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; "area of natural and scientific interest" (life science) means an area that has been, (a) identified as having life science values related to protection, scientific study or education, and (b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time; "bed and breakfast establishment" means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is the principal residence of the proprietor of the establishment; "connectivity" means the degree to which key natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs; 5 "development" means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include, (a) the construction offacilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or • (b) for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15,2001, or (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; "dwelling unit" means one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants; "earth science values" means values that relate to the geological, soil and landform features of the environment; "ecological features" means naturally occurring land, water and biotic features that contribute to ecological integrity; "ecological functions" means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio-economic interactions; "ecological integrity", which includes hydrological integrity, means the condition of ecosystems in which, (a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, (b) natural ecological processes are intact and self-sustaining, and (c) the ecosystems evolve naturally; 6 "endangered species" means any native species, as listed in the regulations under the Endangered Species Act, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed; "farm vacation home" means an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment; "fish habitat" means the spa wiling grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans (Canada); "forest access road" means a one or two -lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes; "forest management" means the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities, (a) for the production of wood and wood products, including maple syrup, (b) to provide outdoor recreation opportunities, (c) to maintain, and where possible improve or restore, conditions for wildlife, and (d) to protect water supplies; "groundwater recharge" means the replenishment of subsurface water, (a) resulting from natural processes, such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams and wetlands, and (b) resulting from human intervention, such as the use of storm water management systems; "habitat of endangered, rare and threatened species" means land that, 7 (a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and fmd adequate amounts of food, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species, and (b) has been further identified, by the Ministry ofNatural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "hazardous waste" has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; "home business" means an occupation that, (a) involves providing personal or professional services or producing custom or artisanal products, (b) is carried on as a small-scale accessory use within a single dwelling by one or more of its residents, and (c) does not include uses such as an auto repair or paint shop or furniture stripping; ''home industry" means a business that, (a) is carried on as a small-scale use that is accessory to a single dwelling or agricultural operation, (b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, (c) may be carried on in whole or in part in an accessory building, and (d) does not include uses such as an auto repair or paint shop or furniture stripping; "hydrological cycle" means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying 8 rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things; "hydrological features" means, (a) permanent and intermittent streams, (b) wetlands, (c) kettle lakes and their surface catchment areas, (d) seepage areas and springs, and (e) aquifers and recharge areas; "hydrological functions" means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface ofthe land, in the soil and underlying rocks, and in the atmosphere, and water's interaction with the environment including its relation to living things; "hydrological integrity" means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity; "hydrologically sensitive feature" means a hydrologically sensitive feature as described in section 26; "impervious surface" means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot; "kame" means a mound, hummock or conical hill of glacial origin; "kettle lake" means a depression formed by glacial action and permanently filled with water; "key natural heritage feature" means a key natural heritage feature as described in section 22; "landform features" means distinctive physical attributes ofland such as slope, shape, elevation and relief; "landform conservation area" means a landform conservation area as described in section 30; 9 "life science values" means values that relate to the living component of the environment; "liquid industrial waste" has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; "lot" means a parcel ofland that is, (a) described in a deed or other document legally capable of conveying an interest in the land, or (b) shown as a lot or block on a registered plan of subdivision; "major development" means development consisting of, (a) the creation of four or more lots, (b) the construction of a building or buildings with a ground floor area of 500m2 or more, or (c) the establishment of a major recreational use as described in section 38; "meander belt" means the land across which a stream shifts its charmel from time to time; "mineral aggregate" means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate . Resources Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, talc, wollastonite, or other material prescribed under that Act; "mineral aggregate operation" means, (a) an operation, other than a wayside pit, conducted under a licence or permit under the Aggregate Resources Act, and (b) associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production ofrelated by- products; "natural self-sustaining vegetation" means self-sustaining vegetation dominated by native plant species; 'net developable area" means the area of a lot or site, less any area that is within a key natural heritage feature or a hydrologically sensitive feature; 10 "Oak Ridges Moraine Conservation Plan Area" and "Plan Area" mean the areas described in section 2; "partial service" means connections linking a building to, (a) a communal sewage or water service or a full municipal sewage or water service, and (b) an individual on-site sewage or water system; "portable asphalt plant" means a temporary facility, to be dismantled at the completion of a construction project, where, (a) equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and (b) bulk materials used in the process described in clause (a) are kept; "prime agricultural area" means an area that is, (a) designated as prime agricultural land in the relevant official plan, or (b) identified through an alternative agricultural land evaluation system approved by the Government of Ontario; "prime agricultural land" means, (a) land where fruit and vegetable crops and greenhouse crops are grown, (b) agriculturally developed organic soil land, or (c) land with Class 1, 2 or 3 soils according to the Canada Land Inventory; "rare species" means a native species that is not currently at risk of becoming threatened but, because of its limited distribution, small population or specialized habitat needs, could be put at risk of becoming threatened through all or part of its Ontario range by changes in land use or increases in certain types of human activity; "retirement home" means a building in which, (a) accommodation is provided, mainly for retired persons, (b) common kitchen and dining facilities are provided for the residents, and 11 (c) common lounges, recreation rooms and health care facilities may also be provided for the residents; "sand barrens" means land (not including land that is being used for agricultural purposes and no longer exhibits sand barrens characteristics) that, (a) has sparse or patchy vegetation that is dominated by plants that are, (i) adapted to severe drought and low nutrient levels, and (ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire, (b) has less than 25 per cent tree cover, (c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and (d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "saturated zone" means the zone below the water table where the spaces between soil grains are filled with water; "savannah" means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that, (a) has vegetation with a significant component of non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, (b) has from 25 per cent to 60 per cent tree cover, (c) has mineral soils, and (c) has been further identified, by the Ministry ofNatural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "self-sustaining vegetation" means vegetation dominated by plants that can grow and persist without direct human management, protection, or tending; 12 "significant" means identified as significant by the Ministry ofNatural Resources, using evaluation procedures established by that Ministry, as amended from time to time; "single dwelling" means a building containing only one dwelling unit; "site" means the land subject to an application; "site alteration" means activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics ofland, but does not include, (a) the construction offacilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or (b) for greater certainty, ( i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or (ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; "subwatershed" means an area that is drained by a tributary or some defmed portion of a stream; "surface catchment area" means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland; "sustainable", when used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected; "tallgrass prairie" means land (not including land that is being used for agricultural purposes and no longer exhibits tall grass prairie characteristics) that, (a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both, (b) has less than 25 per cent tree cover, (c) has mineral soils, and 13 (d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry ofNatural Resources, as amended from time to time; ''threatened species" means any native species that is at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed; "time of travel" means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone; "unserviced park" means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial . facilities, paved parking lots or permanent water or sewer facilities; "valley land" means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year; "watershed" means an area that is drained by a river and its tributaries; "wayside pit" means a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the road right of way; "wellhead protection area" means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field; "wetland" means land such as a swamp, marsh, bog or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that, (a) is seasonally or permanently covered by shallow water or has the water table close to or at the surface, (b) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and (c) has been further identified, by the Ministry ofNatural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time; "wildlife habitat" means land that, 14 ) (a) is an area where plants, animals and other organisms live or have the potential to live and fmd adequate amounts of food, water, shelter and space to sustain their population, including an area where a species concentrates at a vulnerable point in its armual or life cycle and an area that is important to a migratory or non-migratory species, and (b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry ofNatural Resources, as amended from time to time; "woodland" means a treed area, woodlot or forested area, other than a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees; "zone of contribution", when used in reference to a period of time, means the area within which the water pumped from a well originates during that time. (2) Maps illustrating locations of key natural heritage features and areas of natural and scientific interest (earth science) may be made available by the Ministry of Natural Resources. Date of commencement of application 4. (1) For the purposes of this Plan, an application shall be deemed to have been commenced on the day set out in the relevant clause of subsection 15 (4) of the Act. (2) In this Plan, "application" includes a matter, proceeding or request. Prohibition 5. No person shall, except as permitted by this Plan, (a) use land or any part of it; (b) undertake development or site alteration with respect to land; or (c) erect, move, alter or use a building or structure or any part of it. Existing uses, buildings and structures 6. ( 1) Nothing in this Plan applies to prevent, 15 (a) the use of any land, building or structure fora purpose prohibited by this Plan, if the land, building or structure was lawfully used for that purpose on November 15,2001 and continues to be used for that purpose; or (b) the erection or use for a purpose prohibited by this Plan of a building or structure for which a permit has been issued under subsection 8 (2) of the Building Code Act, 1992 on or before November 15,2001 if, (i) the permit has not been revoked under subsection 8 (10) of the Building Code Act, 1992, and (ii) the building or structure when erected is used and continues to be used for the purpose for which it was erected. (2) Nothing in this Plan applies to prevent the expansion of an existing building or structure on the same lot, if the applicant demonstrates that, (a) there will be no change in use; and (b) the expansion will not adversely affect the ecological integrity of the Plan Area. (3) Despite subsection (2), an existing mineral aggregate operation or an existing wayside pit within a Natural Core Area may not be expanded beyond the boundary of the area under licence or permit. ( 4) Nothing in this Plan applies to prevent the expansion of an existing institutional use, if the applicant demonstrates that, (a) there will be no change in use; and (b) the expansion will not adversely affect the ecological integrity ofthe Plan Area. (5) Nothing in this Plan applies to prevent the reconstruction, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner's control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use. (6) Nothing in this Plan applies to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion, 16 (a) will bring the use into closer conformity with this Plan; and (b) will not adversely affect the ecological integrity of the Plan Area. (7) If an existing use has adverse effects on the ecological integrity of the Plan Area, any application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan. (8) In this section, "existing" means lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; "institutional use" includes, without limitation, a long-term care facility, hospital, school, university or college. Previously authorized single dwelling 7. Nothing in this Plan applies to prevent the use, erection or location of a single dwelling if, _, (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and ' (b) the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Plan Area. Building or structure previously authorized or authorized under s. I 7 ( 1) of Act 8. Nothing in this Plan applies to prevent the use, erection or location of a building or structure if, (a) the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or (b) the use, erection and location were authorized by the approval of an application that was commenced after November 17,2001 and decided in accordance with subsection 17 (I) of the Act. 17 Exception, site plan approval 9. An application for site plan approval under section 41 ofthe Planning Act is not required to comply with this Plan if it relates to land in respect of which any of the following was commenced before November 17, 2001 and approved after that date: I. An application for an amendment to a zoning by-law. 2. An application for approval of a plan of subdivision under section 51 of the Planning Act. 3. An application for approval or exemption from approval for a plan of condominium under section 9 of the Condominium Act, 1998. PART IT LAND USE DESIGNATIONS Division of Plan Area, land use designations 1 0. (I) The Oak Ridges Moraine Conservation Plan Area is divided into areas subject to the following land use designations, as shown on the land use designation map referred to in section 2: I. Natural Core Areas, which are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. 2. Natural Linkage Areas, which are areas forming part of a central corridor system that support or have the potential to support movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors. 3. Countryside Areas, which are areas of rural land use such as agriculture, recreation, residential development, Rural Settlements, mineral aggregate operations, parks and open space. Rural Settlements, which form part of Countryside Areas and are existing hamlets or similar existing small communities, generally long-established and identified in official plans, are also shown on the land use designation map referred to in section 2. 4. Settlement Areas, which are areas designated for development of an urban type permitting a range of residential, commercial, industrial and institutional uses. (2) When official plans and zoning by-laws are amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, the boundaries of the 18 Natural Core Areas, Natural Linkage Areas, Countryside Areas, Rural Settlements and Settlement Areas may be further defmed, in a manner that is consistent with the land use designation map referred to in section 2, but with greater precision than the map can show, and subject to subsection (4). (3) The further defmition of boundaries described in subsection (2) does not require an amendment to this Plan. (4) The outer boundary of the Plan Area shall not be further defmed under subsection (2). Natural Core Areas 11. ( 1) The purpose ofNatural Core Areas is to maintain and where possible improve or restore the ecological integrity of the Plan Area, by, (a) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions; (b) maintaining or restoring natural self-sustaining vegetation and wildlife habitat; (c) maintaining the quantity and quality of groundwater and surface water; (d) maintaining groundwater recharge; (e) maintaining natural stream form and flow characteristics; and (f) protecting landform features. (2) Natural Core Areas also have the objectives of, (a) accommodating a trail system through the Plan Area and trail connections to it; and (b) · providing for limited economic development that is compatible with clause (a) and subsection (I). (3) The following uses are permitted with respect to land in Natural Core Areas, subject to Parts III and IV: I. Fish, wildlife and forest management. 19 20 2. Conservation projects and flood and erosion control projects. 3. Agricultural uses. 4. Transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative. 5. Home businesses. 6. Home industries. 7. Bed and breakfast establishments. 8. Farm vacation homes. 9. Low-intensity recreational uses as described in section 3 7. 10. Unserviced parks. 11. Uses accessory to the uses set out in paragraphs I to 10. Natural Linkage Areas 12. (1) The purpose of Natural Linkage Areas is to maintain, and where possible improve or restore, the ecological integrity of the Plan Area, and to maintain, and where possible improve or restore, regional-scale open space linkages between Natural Core Areas and along river valleys and stream corridors, by, (a) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity of key heritage features, hydrologically sensitive features and the related ecological functions; (b) maintaining, and where possible improving or restoring natural self- sustaining vegetation over large parts of the area to facilitate movement of p !ants and animals; (c) maintaining a natural continuous east-west connection and additional connections to river valleys and streams north and south of the Plan Area; (d) maintaining the quantity and quality of groundwater and surface water; (e) maintaining groundwater recharge; (f) maintaining natural stream form and flow characteristics; and (g) protecting landform features. (2) Natural Linkage Areas also have the objectives of, (a) accommodating a trail system through the Plan Area and trail connections to it; and (b) providing for limited economic development that is compatible with clause (a) and subsection (1). (3) The following uses are permitted with respect to land in Natural Linkage Areas, subject to Parts III and IV: 1. Fish, wildlife and forest management. 2. Conservation projects and flood and erosion control projects. 3. Agricultural uses. 21 4. Transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative. 5. Home businesses. 6. Home industries. 7. Bed and breakfast establishments. 8. Farm vacation homes. 9. Low-intensity recreational uses as described in section 3 7. 10. Unserviced parks. 11. Mineral aggregate operations. 12. Wayside pits. 13. Uses accessory to the uses set out in paragraphs I to 12. Countryside Areas 13. ( 1) The purpose of Countryside Areas is to encourage agricultural and other rural uses that support the Plan's objectives, by, (a) protecting prime agricultural areas; (b) providing for the continuation of agricultural and other rural land uses and normal farm practices; and (c) maintaining the rural character of the Rural Settlements. (2) Countryside Areas also have the objectives of, (a) maintaining, and where possible improving or restoring, the ecological integrity of the Plan Area; (b) maintaining, and where possible improving or restoring, the health, diversity, size, and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions; (c) maintaining the quantity and quality of groundwater and surface water; (d) maintaining groundwater recharge; (e) maintaining natural stream form and flow characteristics; (f) protecting landform features; (g) accommodating a trail system through the Plan Area and trail connections to it; and (h) providing for economic development that is compatible with subsection (1) and with clauses (a) to (g). (3) The following uses are permitted with respect to land in Countryside Areas, subject to Parts III and IV: I. Fish, wildlife and forest management. 2. Conservation projects and flood and erosion control projects. 3. Agricultural uses. 22 4. Transportation, infrastructure, and utilities as described in section 41. 5. Home businesses. 6. Home industries. 7. Bed and breakfast establishments. 8. Farm vacation homes. 9. Low-intensity recreational uses as described in section 3 7. 10. Unserviced parks. 11. Mineral aggregate operations. 12. Wayside pits. 13. Agriculture-related uses. 14. Small-scale commercial, industrial, and institutional uses as described in section 40, subject to subsection (5). 15. Major recreational uses as described in section 38, subject to subsection (5). 16. Residential development in accordance with section 14. 1 7. Uses accessory to the uses set out in paragraphs 1 to 16. ( 4) With respect to land in a Rural Settlement, the following uses are permitted, subject to Parts III and IV, in addition to the uses listed in subsection (3): 1 . Residential development in accordance with paragraphs 3 and 4 of subsection 15 (1 ). 2. Small-scale commercial, industrial, and institutional uses as described in section 40, but not subject to clauses (1) (a), (1) (c) or (2) (a) of that section. ( 5) The uses described in paragraphs 14 and 15 of subsection (3) are prohibited in, (a) prime agricultural areas; and (b) areas designated primarily for agricultural uses in the applicable official plan. 23 Residential development in certain parts of Countryside Areas 14. (I) Residential development is permitted with respect to land in the Palgrave Estates Residential Community as shown on the land use designation map referred to in section 2, subject to the Town of Caledon Official Plan, as amended from time to time, and to the following provisions of this Plan: L Sections 20 to 26. 2. Subsection 27 (3). 3. Sections 28 and 29. 4. Subsections 30 (1), (12) and (13). 5. Subsections 41 (1), (4) and (5). 6. Sections 42 to 4 7. 7. The Table to Part III. (2) Residential development is permitted with respect to land in the City ofKawartha Lakes, the County of Peterborough and the County ofNorthumberland, except in, (a) prime agricultural areas; and (b) areas designated primarily for agricultural uses in the applicable official plan. (3) With respect to land in the City ofKawartha Lakes, the County of Peterborough and the County ofNorthumberland, an application for residential development shall not be approved unless, (a) on or before October 22, 2003 or the later date on which the relevant municipality adopts an official plan amendment that is subject to a declaration made by the Minister under subsection 9 ( 1 0) of the Act, (i) the relevant municipality has completed a comprehensive growth management study, including a rural economic development strategy, that demonstrates the need for residential development, and (ii) the relevant municipality's official plan conforms with this Plan and includes specific detailed policies governing residential development; and 24 (b) the relevant municipality has completed a water budget and water conservation plan in accordance with section 25 that demonstrates the availability of sufficient water resources to support residential development. (4) The policies referred to in subclause (3) (a) (ii) may, (a) further limit the areas within which residential development is permitted; and (b) limit the extent of this type of development. ( 5) The policies referred to in subclause (3) (a) (ii) shall establish strict planning, design and construction standards so as to, (a) encourage clustering or other innovative design; (b) require that disturbance to the natural landscape and environment be minimized; and (c) maintain, and where possible improve or restore, the ecological integrity of the Plan Area. New lots in Countryside Areas 15. (I) New lots may be created in Countryside Areas for the following purposes only, and subject to Parts III and IV: I. The purposes specified in section 32 (lot creation). 2. Residential development permitted under section 14. 3. Minor infill within Rural Settlements. 4. Minor rounding-out of Rural Settlements designated in the applicable official plan as appropriate for this type oflot creation. (2) A lot created in accordance with paragraph 4 of subsection (1) may encroach into a Settlement Area, but not into a Natural Core Area or Natural Linkage Area. Plans of subdivision, site plan approval and lot creation in Countryside Areas 16. ( 1) Plans of subdivision with respect to land in Countryside Areas shall, (a) provide for large, continuous open space blocks linking key natural heritage features and hydrologically sensitive features, to ensure connectivity; and 25 (b) desigrilots and roads so as to minimize stream crossings and extensions into key natural heritage features. (2) With respect to land in Countryside Areas, the approval authority shall ensure that a condition requiring the applicant to ensure that natural self-sustaining vegetation is maintained or restored for the long-term protection of any key natural heritage feature or hydrologically sensitive feature on the lot or lots created is imposed, (a) on every subdivision and site plan approval; and 26 (b) on every consent to the creation of a lot under section 15 or subsection 32 (1). Previously authorized uses, buildings and structures in Countryside Areas 17. (1) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure with respect to land in a Countryside Area if, (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; (b) the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3); (c) in the case of major development, the applicant complies with clause 43 (I) (b); and (d) the application conforms to sections 20, 22, 23, 26,28 and 29, subsections 45 (7) and (8) and section 47. (2) Subsection (1) does not apply with respect to land within a Rural Settlement. (3) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure within a Rural Settlement if, (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; (b) the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and I 0 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3); 27 (c) the application conforms to sections 28 and 29, subsections 45 (7) and (8) and section 47; and (d) the applicant demonstrates, to the extent possible, that the use, erection or location will not adversely affect the ecological integrity of the Plan Area. Settlement Areas 18. (I) The purpose of Settlement Areas is to focus and contain urban growth by, (a) minimizing the encroachment and impact of development on the ecological functions and hydrological features of the Plan Area; (b) promoting the efficient use of land with transit-supportive densities, through intensification and redevelopment within existing urban areas; and (c) providing for the continuation and development of urban land uses consistent with the growth management strategies identified in the applicable official plans. (2) Settlement Areas also have the objectives of, (a) maintaining, and where possible improving or restoring, the health, diversity, size and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions; (b) accommodating a trail system through the Plan Area and trail connections to it; (c) promoting strong communities, a strong economy and a healthy environment; and (d) providing for economic development that is compatible with subsection (I) and clauses (a), (b) and (c). (3) With respect to land in Settlement Areas, all uses permitted by the applicable official plan are permitted, subject to the provisions of this Plan that are listed in subsections 19 (3) and 31 ( 4). ( 4) New lots may be created in Settlement Areas, subject to the provisions of this Plan that are listed in subsections 19 (3) and 31 (4). (5) With respect to land in a Settlement Area that does not include a key natural heritage feature or a hydrologically sensitive feature, an application for site plan approval under section 41 of the Planning Act is not required to comply with any provision of this Plan except this subsection. ( 6) With respect to land in a Settlement Area, nothing in this Plan applies to prevent a use or the erection or location of a building or structure if, (a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; (b) the use is permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although the erection and location do not comply with the provisions listed in subsections 19 (3) and 31 (4); (c) the use, erection and location conform to sections 28 and 29, subsections 45 (7) and (8) and section 47; and (d) the applicant demonstrates, to the extent possible, that the use, erection or location will not adversely affect the ecological integrity of the Plan Area. PART ill PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY Purpose and application 19. (1) The purpose of this Part is the integration of environmental and land use planning in order to maintain, and where possible improve or restore, the ecological integrity of the Plan Area. (2) Sections 20 to 26, subsections 27 (1) and (2), sections 28 and 29, subsections 30 (I) to (12) and the Table to this Part apply with respect to land in the Natural Core Areas, Natural Linkage Areas and Countryside Areas. (3) The following provisions apply with respect to land in the Settlement Areas: I. Sections 21 to 26. 2. Subsection 27 (3). 3. Sections 28 and 29. 4. Subsections 30 (I), (12) and (13). 28 5. The Table to this Part. Supporting connectivity 20. Every application for development or site alteration shall identify planning, design and construction practices that ensure that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent land within Natural Core Areas and Natural Linkage Areas. Minimum area of influence and minimum vegetation protection zone 21. ( 1) For the purposes of this Part, (a) the minimum area of influence that relates to a key natural heritage feature or hydrologically sensitive feature described in Column 2 of the Table to this Part is the area referred to in the corresponding item in Column 3 of the Table; and 29 (b) the minimum vegetation protection zone that relates to a key natural heritage feature or hydrologically sensitive feature described in Column 2 of the Table is the area determined in accordance with the corresponding item in Column 4 of the Table. (2) If land falls within more than one item in Column 1 ofthe Table, the.provisions that are more restrictive apply. (3) With respect to land that is in a Settlement Area on April 22, 2002, any provision referred to in subsection ( 4) prevails, to the extent of any conflict, over,clause ( 1) (b) and subsection (2). (4) Subsection (3) applies with respect to a provision of the applicable official plan or zoning by-laws, as the case may be, that is adopted on the basis of, (a) environmental studies; or (b) infrastructure planning including, without limitation, environmental assessments, infrastructure servicing studies and master environmental servicing studies. KEY NATURAL HERITAGE FEATURES Key natural heritage features 22. (1) The following are key natural heritage features: 1. Wetlands. 2. Significant portions of the habitat of endangered, rare and threatened species. 3. Fish habitat. 4. Areas of natural and scientific interest (life science). 5. Significant valley lands. 6. Significant woodlands. 7. Significant wildlife habitat. 8. Sand barrens, savannahs and tallgrass prairies. (2) All development and site alteration with respect to land within a key natural heritage feature or the related minimum vegetation protection zone is prohibited, except the following: 1. Forest, fish, and wildlife management. 2. Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered. 30 3. Transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative. 4. Low-intensity recreational uses as described in section 37. (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural heritage feature itself and the related minimum vegetation protection zone, shall be accompanied by a natural heritage evaluation under section 23. Natural heritage evaluation 23. (I ) A natural heritage evaluation shall, 31 (a) demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions; (b) identifY planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and its connectivity with other key natural heritage features; (c) in the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features will be maintained and, where possible, improved or restored before, during and after construction; (d) if the Table to this Part specifies the dimensions of a minimum vegetation protection zone, determine whether it is sufficient, and if it is not sufficient, specifY the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; (e) if the Table to this Part does not specifY the dimensions of a minimum vegetation protection zone, determine whether one is required, and if one is required, specifY the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; and (f) in the case of a key natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department ofFisheries and Oceans (Canada). (2) In the case of item 4 of the Table to this Part, the basis on which the determination and specification mentioned in clause (I) (e) is done shall include, without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time. HYDROLOGICAL FEATIJRES Watershed plans 24. (1) Every upper-tier municipality and single-tier municipality shall, on or before April22, 2003, begin preparing a watershed plan, in accordance with subsection (3), for every watershed whose streams originate within the municipality's area of jurisdiction. 32 (2) The objectives and requirements of each watershed plan shall be incorporated into the municipality's official plan. (3) A watershed plan shall include, as a minimum, (a) a water budget and conservation plan as set out in section 25; (b) land and water use and management strategies; (c) a framework for implementation, which may include more detailed implementation plans for smaller geographic areas, such as subwatershed plans, or for specific subject matter, such as environmental management plans; (d) an environmental monitoring plan; (e) provisions requiring the use of environmental management practices and programs, such as programs to prevent pollution, reduce the use of pesticides and manage the use of road salt; and (f) criteria for evaluating the protection of water quality and quantity, hydrological features and hydrological functions. (4) Major development is prohibited unless, (a) the watershed plan for the relevant watershed, prepared in accordance with subsection (3), has been completed; (b) the major development conforms with the watershed plan; and (c) a water budget and conservation plan, prepared in accordance with section 25 and demonstrating that the water supply required for the major development is sustainable, has been completed. · (5) Subsection (4) applies to every application commenced on or after April23, 2007. (6) Subsection (8) applies to every application commenced before the date mentioned in subsection (5), except an application described in subsection (7). (7) Clause ( 4) (c) applies to every application that is commenced on or after April 22, 2 004 and relates to the part of The Regional Municipality ofY ork that is served by the Y onge Street Aquifer. ' (8) An application for major development to which this subsection applies shall not be approved unless, (a) the relevant municipality has complied with clause (4) (c); or (b) the applicant, ( i) identifies any hydrologically sensitive features and related hydrological functions on the site and how they will be protected, (ii) demonstrates that an adequate water supply is available for the development without compromising the ecological integrity of the Plan Area, and (iii) · provides, with respect to the site and such other land as the approval authority considers necessary, a water budget and water conservation plan that, (A) characterizes groundwater and surface water flow systems by means of modelling, (B) identifies the availability, quantity and quality of water sources, and (C) identifies water conservation measures. Water budgets and conservation plans 25. (1) Every upper-tier municipality and single-tier municipality shall, on or before April22, 2003, begin preparing a water budget and conservation plan, in accordance with subsection (2), for every watershed whose streams originate within the municipality's area of jurisdiction. (2) A water budget and conservation plan shall, as a minimum, (a) quantifY the components of the water balance equation, including precipitation, evapotranspiration, groundwater inflow and outflow, surface water outflow, change in storage, water withdrawals and water returns; (b) characterize groundwater and surface water flow systems by means of modelling; (c) identifY, 33 (i) targets to meet the water needs of the affected ecosystems, (ii) the availability, quantity and quality of water sources, and (iii) goals for public education and for water conservation; (d) develop a water-use profile and forecast; (e) evaluate plans for water facilities such as pumping stations and reservoirs; (f) identify and evaluate, (i) water conservation measures such as public education, improved management practices, the use of flow-restricting devices and other hardware, water reuse and recycling, and practices and technologies associated with water reuse and recycling, (ii) water conservation incentives such as full cost pricing, and (iii) ways of promoting water conservation measures and water conservation incentives; (g) analyse the costs and benefits of the matters described in clause (f); (h) require the use of specified water conservation measures and incentives; (i) contain an implementation plan for those specified measures and incentives that reconciles the demand for water with the water supply; (j) provide for monitoring of the water budget and water conservation plan for effectiveness. Hydrologically sensitive features 26. ( 1) The following are hydrologically sensitive features: 1. Permanent and intermittent streams. 2. Wetlands. 3. Kettle lakes. 4. Seepage areas and springs. 34 (2) All development and site alteration with respect to land within a hydrologically sensitive feature or the related minimum vegetation protection zone is prohibited, except the following: 1. Forest, fish, and wildlife management. 2. Conservation and flood or erosion control projects, but only if they are determined to be necessary in the public interest after all alternatives have been considered. 35 3. Transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative. 4. Low-intensity recreational uses as described in section 37. (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a hydrologically sensitive feature, but outside the hydrologically sensitive feature itself and the related minimum vegetation protection zone, shall be accompanied by a hydrological evaluation under subsection (4). ( 4) A hydrological evaluation shall, (a) demonstrate that the development or site alteration will have no adverse effects on the hydrologically sensitive feature or on the related hydrological functions; (b) identif'y planning, design and construction practices that will maintain, and where possible improve or restore, the health, diversity and size of the hydrologically sensitive feature; and (c) determine whether the minimum vegetation protection zone whose dimensions are specified in the Table to this Part is sufficient, and if it is not sufficient, specif'y the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natUral self-sustaining vegetation within it. (5) In the case of items 11 and 12 of the Table to this Part, the basis on which the determination and specification mentioned in clause ( 4) (c) is done shall include, without limitation, an analysis ofland use, soil type and slope class, using criteria established by the Government of Ontario, as amended from time to time. Subwatersheds 2 7. ( 1) Except with respect to land in Settlement Areas, all development and site alteration with respect to land in a subwatershed are prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed, (a) 10 per cent; or (b) any lower percentage specified in the applicable watershed plan. 36 (2) Except with respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed the approval authority shall take into account the desirability of ensuring that at least 30 per cent of the area of the sub watershed has self-sustaining vegetation. (3) With respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed the approval authority shall consider the importance of, (a) ensuring that natural vegetation is maintained, and where possible improved or restored; and (b) keeping to a minimum impervious surfaces and their impact on water quality and quantity. Wellhead protection areas 28. (1) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in wellhead protection areas established under section 42: 1. Storage, except by an individual for personal or family use, of, 1. petroleum fuels, 11. petroleum solvents and chlorinated solvents, · 111. pesticides, herbicides and fungicides, IV. construction equipment, v. inorganic fertilizers, VI. road salt, and vn. contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990. 2. Generation and storage of hazardous waste or liquid industrial waste. 3. Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities. (2) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in the zero to two year time of travel zone within every wellhead protection area established under section 42: 1 . Storage of animal manure, except by an individual for personal or family use. 2. Animal agriculture, except by an individual for personal or family use. 3. Storage of agricultural equipment, except by an individual for personal or family use. (3) Subsections (1) and (2) do not apply to an area in respect of which wellhead protection policies established under clause 42 (1) (b) have been incorporated into the relevant official plan. (4) Every person who carries on a use listed in subsection (I) or (2), as owner or operator, shall prepare and maintain a site management and contingency plan that is aimed at reducing or eliminating the creation of materials referred to in subsection (1) or (2), as the case may be, and their release into the enviromnent. Areas of high aquifer vulnerability 2 9. (I) Despite' anything else in this Plan except subsection 6 (I), the uses listed in subsection (5) are prohibited with respect to land in areas of high aquifer vulnerability, as shown on the map entitled "Reference Map for Ontario Regulation **/02 (Oak Ridges Moraine Conservation Plan) made under the Oak Ridges Moraine Conservation Act, 2001" dated March, 2002, on file in the offices of the Ministry ofEnviromnent and Energy at Toronto. **NOTE Reference to this Regulation will be inserted on filing. (2) Copies of the map referred to in subsection (I) are available for public inspection, (a) at the govermnent information office located at the Macdonald Block at 900 Bay Street, Toronto; and 37 38' (b) at the Ministry ofNatural Resources district offices located at, (i) 50 Bloomington Road West, Aurora, and (ii) 300 Water Street, Peterborough. (3) The boundaries of the areas of high aquifer vulnerability may be further defmed in official plans, in a manner that is consistent with the map referred to in subsection (1 ), but with greater precision than the map can show. ( 4} The further defmition of boundaries described in subsection (3) does not require an amendment to this Plan. (5) Subsection (1) applies to the following uses: 1. Generation and storage of hazardous waste or liquid industrial waste. 2, Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities. 3. Underground and above-ground storage tanks that are not equipped with an approved secondary containment device. 4. Storage of a contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 34 7 of the Revised Regulations of Ontario, 1990. LANDFORM CONSERVATION AREAS Landform conservation areas 30. (1) The following, shown on maps entitled "Landform Conservation Areas of the Oak Ridges Moraine", numbered 1, 2, 3 and 4, dated March, 2002 and on file at the district office of the Ministry of Natural Resources at 50 Bloomington Road West, Aurora, are landform conservation areas: 1. Landform conservation areas (Category 1 ). 2. Landform conservation areas (Category 2). (2) Copies of the maps referred to in subsection ( 1) are available for public inspection, (a) at the govermnent information office located at the Macdonald Block at 900 Bay Street, Toronto; and (b) at the Ministry of Natural Resources district offices located at, (i) 50 Bloomington Road West, Aurora, and Eii) 300 Water Street, Peterborough. (3) When official plans and zoning by-laws are amended in accordance with sections 9 and 1 0 of the Act to bring them into conformity with this Plan, the boundaries of the landform conservation areas may be further defined, in a manner that is consistent with the maps referred to in subsection (1 ), but with greater precision than the maps can show. (4) The further defmition ofboundaries described in subsection (3) does not require an amendment to this Plan. ( 5) An application for development or site alteration with respect to land in a landform conservation area (Category 1) shall identifY planning, design and construction practices that will keep disturbance to landform character to a minimum, including, (a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form; (b) limiting the portion of the net developable area of the site that is disturbed to not more than 25 per cent of the total area ofthe site; and (c) limiting the portion of the net developable area of the site that has impervious surfaces to not more than 15 per cent of the total area of the site. (6) An application for development or site alteration with respect to land in a landform conservation area (Category 2) shall identifY planning, design and construction practices that will keep disturbance to landform character to a minimum, including, (a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form; (b) limiting the portion of the net developable area of the site that is disturbed to not more than 50 per cent of the total area ofthe site; and (c) limiting the portion of the net developable area of the site that has impervious surfaces to not more than 20 per cent of the total area of the site. (7) Subsections (5) and (6) do not apply in respect of mineral aggregate operations. 39 (8) An application for major development with respect to land in a landform conservation area of either category shall be accompanied by a landform conservation plan that shows, on one or more maps, 40 (a) elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more than two metres; (b) analysis of the site by slope type (for example, moderate or steep); (c) · significant landform features such as kames, kettles, ravines and ridges; and (d) all water bodies including intermittent streams and ponds. (9) The landform conservation plan shall also include a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including, (a) retention of significant landform features in an open, undisturbed form; (b) road alignment and building placement to minimize grading requirements; (c) concentration of development on portions of the site that are not significant; (d) use of innovative building design to minimize grading requirements; and (e) use of selective grading techniques. (I 0) An application for development or site alteration that does not constitute major development, with respect to land in a landform conservation area of either category, shall be accompanied by a site plan that, (a) identifies the areas within which all building, grading, and related construction will occur; (b) demonstrates that buildings and structures will be located within the areas referred to in clause (a) so as to minimize the amount of site alteration required; and (c). provides for the protection of areas of natural and scientific interest (earth science) in accordance with subsection (12). ( 11) Subsection ( 1 0) does not apply in respect of mineral aggregate operations. (12) An application for development or site alteration with respect to land in an area of natural and scientific interest (earth science) or the related minimum area of influence shall be accompanied by an earth science heritage evaluation that, 41 (a) identifies planning, design and construction practices that will ensure protection of the geological or geomorphological attributes for which the area of natural and scientific interest was identified; and (b) determines whether a minimum vegetation protection zone is required, and if so, specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it. (13) With respect to land in Settlement Areas, in considering applications for · development or site alteration within landform conservation areas (Category 1 and 2) the approval authority shall consider the importance of adopting planning, design and construction practices that will keep disturbance to landform character to a minimum, so as to satisfy the requirements of subsections (5) to (11) if possible. TABLE KEY NATURAL HERITAGE FEATURES, HYDROLOGICALLY SENSITIVE FEATURES AND AREAS OF NATURAL AND SCIENTIFIC INTEREST (EARTH SCIENCE): :MINIMUM AREAS OF INFLUENCE AND :MINIMUM VEGETATION PROTECTION ZONES 42 Column l Column2 Colwnn3 Co1umn4 Minimum Area of Influence Minimum Vegetation Protection Zone Item Feature (21) (21, 23, 26 (4), 30 (12)) I. Wetlands All land within 120 metres of any part All land within 30 metres of any part of of feature feature. subject to clause 23 (d) if a natural heritage evaluation is required 2. Significant portions of All land within 120 metres of any part As detennined by a natural heritage habitat of endangered, rare of feature evaluation carried out under section 23 and threatened s_Pecies 3. Fish habitat All land within 120 metres of any part All land within 30 metres of any part of of feature feature, subject to clause 23 (I) (d) if a . natural heritage evaluation is required 4. Areas of natural and All land within 120 metres of any part As determined by a natural heritage scientific interest Oife of feature evaluation carried out under section 23 science) 5. Areas of natural and All land within 50 metres of any part As detennined by an earth science heritage scientific interest (earth of feature evaluation carried out under subsection 30 science) (12) 6. Significant valley lands All land within 120 metres of stable All land within 30 metres of stable top of top ofbank bank, subject to clause 23 (1) (d) if a natural heritage evaluation is required 7. Significant woodlands All land within 120 metres of any part All land within 30 metres of the base of of feature outermost tree trunks within the woodland, subject to clause 23 (1) (d) if a natural heritage evaluation is required 8. Significant wildlife habitat All land within 120 metres of any part As determined by a natural heritage of feature evaluation carried out under section 23 9. Sand barrens, savannahs and All land within 120 metres of any part A111and within 30 metres of any part of tallgrass prairies of feature feature, subject to clause 23 (1) (d) if a natural heritage evaluation is required 10. Kettle lakes All land within 120 metres of the All land within the surface· catchment area or surface catchment area within 30 metres of any part of feature, whichever is greater, subject to clause 26 (4) (c) if a hydrological evaluation is required II. Permanent and intermittent All land within 120 metres of All land within 30 metres of meander belt, streams meander belt subject to clause 26 (4) (c) and subsection 26 (5) if a hydrological evaluation is required 12. Seepage areas and springs All land within 120 metres of any part All land within 30 metres of any part of of feature feature, subject to clause 26 (4} (c) and subsection 26 (5) if a hydrological evaluation is required \ I 43 PART IV SPECIFIC LAND USE POLICIES Application 31. (1) The following provisions of this Part apply to land in the Natural Core Areas: 1. Sections 32 to 34. 2. · Sections 36, 3 7 and 39. 3. Subsections 41 (1), (3), (4), (5) and (6). 4. Sections 42 to 47. (2) The following provisions of this Part apply to land in the Natural Linkage Areas: 1. Sections 32 to 37 and 39. 2. Subsections 41 (1), (2), (4), (5) and (6). 3. Sections 42 to 47. (3) The following provisions of this Part apply to land in the Countryside Areas: 1. Sections 32 to 34. 2. Subsections 35 (1), (4), (5) and (6). 3. Sections 36 to 40. 4. Subsections 41 (1), (4), (5) and (6). 5. Sections 42 to 4 7. ( 4) The following provisions of this Part apply to land in the Settlement Areas: I. Subsections 41 (1), (4) and (5). 2. Sections 42 to 4 7. Lot creation 32. (1) A lot may be created only in the following circumstances, and subject to section 15, subsections (2), (3), (4) and (5) of this section, and Part III: 1. Severance, from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farming operation. The maximum permitted is a cumulative total of one such severance for each rural lot. All consents granted on or after January 1, 1994 are included in the calculation ofthe cumulative total. 2. Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original half lot lines. 3. Allowing land acquisition for transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been · demonstrated and there is no reasonable alternative. 4. The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used. 5. Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation. 6. Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance. (2) Subsection (1) applies whether the transaction takes the form of a conveyance, a lease for twenty-one years or more, or a mortgage . .. (3) A lot may be created only if there is enough net developable area on both the severed lot and the remainder lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or hydrologically sensitive features. (4) When a lot is created, the municipality shall enter into a site plan agreement or other agreement with the applicant to establish conditions requiring that natural self- sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features on the lot. (5) A lot shall not be created if this would extend or promote strip development. 44 (6) In subsection (1), "fann retirement lot" means a lot that is severed from land that is being used in a farming operation, on the application of a person who, 45 (a) owned and operated the farm operation, as a full-time fanner, for a substantial number of years, (b) was engaged in farming on January 1, 1994 or on an earlier date set out in the applicable official plan, and (c) has reached retirement age and is retiring from active working life; "original halflot" means half of an original lot that contained 80.9 hectares (200 acres), more or less; "original lot" means a township lot shown on a plan certified by the Surveyor General of Ontario as being the original plan of an original survey; "residence surplus to a fanning operation" means, (a) ifthere are two or more farm residences, both built before 1978, on a lot that is being used in a farming operation, one of those residences that is surplus to the fanning operation, or (b) if the owner and operator of a farming operation acquires an additional lot and uses it in the consolidated farming operation, any existing farm residence that is surplus to the consolidated farming operation; "rural lot" means a lot that is at least 97.5 per cent of the land that is left in an original lot or an original half lot after the deduction of any land that is, (a) conveyed at any time for transportation, utilities and infrastructure as described in section 41, whether before, on or after November 16, 2001, or (b) validly conveyed before June 27, 1970. Restriction re agricultural uses, mineral aggregate operations, wayside pits 33. (!)The following are specified matters for the purpose of clause 5 (d) of the Act: 1. Agricultural uses. 2. Mineral aggregate operations. 3. Wayside pits. (2) Official plans and zoning by-laws shall not contain provisions, with respect to the specified matters listed in subsection (I), that are more restrictive than those in this Plan. Uses accessory to agricultural uses 34. Permitted uses accessory to agricultural uses include, but are not limited to, (a) the roadside sale of produce of the farm operation; (b) the manufacture of value-added products from produce of the farm operation; and (c) a second dwelling that is a temporary, mobile or portable unit, if the applicant demonstrates that the dwelling, (i) is required to house help that is needed on the farm operation on a seasonal or full time basis, 46 (ii) does not require a consent under section 50 or 53 of the Planning Act, and (iii) will not adversely affect the ecological integrity of the Plan Area. Mineral aggregate operations and wayside pits 35. (!)An application for a mineral aggregate operation or wayside pit shall not be approved unless the applicant demonstrates, (a) that the quantity and quality of groundwater and surface water in the Plan Area will be maintained and, where possible, improved or restored; (b) that as much of the site as possible will be rehabilitated, (i) in the case ofland in a prime agricultural area, by restoring the land so that it can be used for agriculture, and (ii) in all other cases, by establishing or restoring natural self-sustaining vegetation; (c) if there are key natural heritage features on the site or on adjacent land, that their health, diversity, size and connectivity will be maintained and, where possible, improved or restored; and 47 (d) if there are areas of natural and scientific interest (earth science) on the site or on adjacent land, that the geological or geomorphological attributes for which they were identified will be protected. (2) An application for a mineral aggregate operation or wayside pit with respect to land in a Natural Linkage Area shall not be approved unless the applicant demonstrates, (a) that there will be compliance with subsection (1); (b) that there will be no extraction within 1.5 metres of the water table; (c) that the extraction ofmineral aggregates from the site will be completedas quickly as possible; (d) that the site will be rehabilitated in stages as quickly as possible; and · (e) that the entire site will be rehabilitated, (i) in the case ofland in a prime agricultural area, by restoring the land so that the average soil quality of each area is substantially returned to its previous level, and (ii) in all other cases, by establishing or restoring natural self-sustaining vegetation. (3) In order to maintain connectivity, when a mineral aggregate operation or a wayside pit is located in a Natural Linkage Area, there shall at all times be an excluded area (which, for greater certainty, may contain both undisturbed land and land whose rehabilitation is complete) that, (a) is at least 1.25 kilometres wide; (b) lies outside the active or unrehabilitated portions of the area being used; and (c) connects parts of the Natural Linkage Area outside the mineral aggregate operation or wayside pit. ( 4) Despite subsection 22 (2), an application for a mineral aggregate operation or wayside pit with respect to land in a key natural heritage feature may be approved if, (a) the key natural heritage feature is occupied by young plantations or early successional habitat; and (b) the applicant demonstrates that, (i) the long-term ecological integrity ofthe Plan Area will be maintained, or where possible improved or restored, (ii) the extraction of mineral aggregates from the area within the key natural heritage feature will be completed, and the area will be rehabilitated, as early as possible in the life of the operation, and (iii) the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self-sustaining vegetation of equal or greater ecological value. (5) In subclause (4) (b) (iii), "ecological value" means the value of vegetation in maintaining the health of the key natural heritage feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species. (6) An application for a mineral aggregate operation or wayside pit with respect to land in a landform conservation area (Category 1 or 2) shall not be approved unless the applicant demonstrates, (a) that the area from which mineral aggregates are extracted will be rehabilitated to establish a landform character that blends in with the landform patterns of the adjacent land; and (b) that the long-term ecological integrity of the Plan Area will be maintained, or where possible improved or restored. Comprehensive rehabilitation plans 36. Municipalities and the mineral aggregate industry are encouraged to work together to develop and implement comprehensive rehabilitation plans for parts of the Plan Area that are affected by mineral aggregate operations. Low-intensity recreational uses 3 7. ( 1) Low-intensity recreational uses are recreational uses that have minimal . impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following: · 48 ) . ) 1. Non-motorized trail uses. 2. Natural heritage appreciation. 3. Unserviced camping on public and institutional land. 4. Accessory uses. (2) Small-scale structures accessory to low-intensity recreational uses, such as trails, boardwalks, footbridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the Plan Area will be kept to a minimum by, (a) keeping disturbed areas to a minimum; and (b) avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened spec1es. Major recreational uses 38. ( 1) Major recreational uses are recreational uses that require large-scale modification of terrain, vegetation or both and usually also require large-scale buildings or structures, including but not limited to the following: I. Golf courses. 2. Serviced playing fields. 3. Serviced campgrounds. 4. Ski hills. (2) An application to establish or expand a major recreational use shall be accompanied by a recreation plan demonstrating that, (a) water use for maintenance or snow-making or both will be kept to a mmnnum; (b) grassed, watered and manicured areas will be limited to sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures; 49 (c) crossings of intermittent and permanent streams will be kept to a minimum; (d) water-conserving technologies (such as low flow toilets and shower heads) will be used in clubhouses and restaurants; (e) water-conserving technologies (such as timed irrigation systems designed to reduce evaporation losses, and recycling of water from under greens) will be used in the irrigation and watering of sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures; and (f) storm water treatment facilities will be used to capture and treat runoff from areas with impervious surfaces. (3) An application to establish or expand a major recreational use shall be accompanied by a vegetation management plan demonstrating that, (a) the application of fertilizers, pesticides, herbicides and fungicides will be limited to sports field surfaces, golf fairways, tees, greens and landscaped areas around buildings and structures, and, in those locations, will be kept to a muumum; (b) grass mixtures that require minimal watering and upkeep will be used for sports field surfaces and golffairways; and (c) wherever possible, intermittent stream charmels and drainage swales will be kept in a free-to-grow, low-maintenance condition. ( 4) An application to establish or expand a major recreational use shall demonstrate that, (a) the recreational activities on the site, (i) will be compatible with the natural character of the surrounding area, and (ii) will be designed and located so as not to conflict with adjacent land uses; and (b) new technologies relating to construction, grounds maintenance and water conservation will be explored and incorporated, as they become available, to help maintain, and where possible improve or restore the ecological integrity of the Plan Area. 50 Trail system 39. (1) A recreational trail system shall be established to provide continuous access and travel along the entire Plan Area, accessible to all including persons with disabilities. (2) The trail system shall, (a) be designed to maintain and, where possible, improve or restore the ecological integrity of the Plan Area; (b) be located in the Natural Core Areas and Natural Linkage Areas as much as possible; (c) be located away from unopened road allowances as much as possible. · (3) Despite an )"thing else in this Plan, the following uses, buildings and structures are permitted on the trail system: I. Non-motorized trail uses. 2. Parking, signage, washrooms and interpretive facilities to support access to the trail system. 3. Fencing to defme and protect the trails. 51 4. Works to improve access to the trail system and remove barriers to its use, for the benefit of all including persons with disabilities. 5. Works to protect ecologically sensitive portions of the trail system. 6. Conservation and erosion control to protect or restore key natural heritage features and hydrologically sensitive features and the related ecological functions along the trail system. ( 4) Paragraph I of subsection (3) does not prohibit the use of motorized wheelchairs by persons who need them for mobility. Small-scale commercial, industrial and institutional uses 40. (I) Small-scale commercial, industrial and institutional uses, (a) are supportive of, complementary to or essential to uses that are permitted in Countryside Areas under sections 13, 14 and 17; 52 (b) do not require large-scale modification of terrain, vegetation or both or large- scale buildings and structures; and (c) include, but are not limited to, (i) farm implement stores, feed stores and country markets, (ii) portable mineral aggregate crushing plants, portable asphalt plants and composting plants, and (iii) schools, places of worship, community halls, retirement homes, and cemeteries, intended mainly to serve nearby Rural Settlements within the Plan Area. (2) An application for a small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved unless the applicant demonstrates that, (a) it is not feasible to locate the use in a Settlement Area; and (b) the buildings and structures will be planned, designed and constructed so as not to adversely affect, (i) the rural character of the Countryside Areas, and (ii) the ecological integrity of the Plan Area. Transportation, infrastructure and utilities 41. (I) Transportation, infrastructure and utilities uses include, (a) public highways; (b) transit lines, railways and related facilities; (c) gas and oil pipelines; (d) sewage and water service systems and lines and storm water management facilities; (e) power transmission lines; (f) telecommunications lines and facilities, including broadcasting towers; ) 53 (g) bridges, interchanges, stations, and other structures, above andbelow ground, that are required for the construction, operation or use of the facilities listed in clauses (a) to (f); and (h) rights of way required for the facilities listed in clauses (a) to (g). (2) An application for a transportation, infrastructure or utilities use with respect to land in a Natural Linkage Area shall not be approved unless, . (a) the need for the project has been demonstrated and there is no reasonable alternative; and (b) the applicant demonstrates that the following requirements will be satisfied, to the extentthat is possible while also meeting all applicable safety standards: 1. The area of construction disturbance will be kept to a minimum. 2. Right of way widths will be kept to the minimum that is consistent with meeting other objectives such as storm water management and with locating as many transportation, infrastructure, and utility uses within a single corridor as possible. 3. The project will allow for wildlife movement. 4. Lighting will be focused downwards and away from Natural Core Areas. 5. The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a mmunum. (3) An application for a transportation, infrastructure or utilities use with respect to land in a Natural Core Area shall not be approved unless the applicant demonstrates that, (a) the requirements of subsection (2) have been met; (b) the project does not include and will not in the future require a highway interchange or a transit or railway station in a Natural Core Area; and (c) the project is located as close to the edge of the Natural Core Area as possible. . -''· 54 (4) Except as permitted in subsection (5), with respect to land in a key natural heritage feature or a hydrologically sensitive feature, all new transportation, infrastructure and utilities uses and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited. ( 5) Transportation, infrastructure, and utilities uses may be permitted to cross a key natural heritage feature or a hydrologically sensitive feature if the applicant demonstrates that, (a) the need for the project has been demonstrated and there is no reasonable alternative; (b) the p Ianning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a minimum; (c) · the design practices adopted will maintain, and where possible improve or restore, key ecological and recreational linkages, including the trail system referred to in section 39; (d) the landscape design will be adapted to the circumstances of the site and use native plant species as much as possible, especially along rights of way; and (e) the long-term landscape management approaches adopted will maintain, and where possible improve or restore, the health, diversity, size and connectivity of the key natural heritage feature or hydrologically sensitive feature. ( 6) Service and utility trenches for transportation, infrastructure and utilities shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum. Official plan provisions, wellhead protection areas, areas of high aquifer vulnerability 42. (I) Every official plan shall contain policies that, (a) establish wellhead protection areas, in accordance with subsection (2), around all existing and new wells for municipal water services; (b) with respect to each wellhead protection area, (i) prohibit or restrict the uses listed in subsections 28 (I) and (2), and (ii) prohibit or restrict other uses that could adversely affect the quality or quantity of groundwater reaching a well; and (c) encourage restrictions on haulage routes for transportation of chemicals and volatile materials in wellhead protection areas and in areas of high aquifer vulnerability under section 29. (2) A wellhead protection area shall identify zones of contribution corresponding to, (a) zero to two years of time of travel; (b) two to ten years of time of travel; and (c) 10 to 25 years of time of travel. (3) Every regional municipality shall comply with clause (1) (a) on or before April 22, 2003. (4) Every municipality other than a regional municipality shall comply with clause (1) (a) on or before October 22,2003. (5) Every municipality shall comply with clause (1) (b) on or before April23, 2007. Sewage and water services 43. ( 1) An applicationfor major development shall be accompanied by a sewage and water system plan that demonstrates, (a) thatthe ecological integrity of hydrological features and key natural heritage features will be maintained; (b) that the quantity and quality of groundwater and surface water will be maintained; (c) that stream base flows will be maintained; (d) that the project will comply with the applicable watershed plan and water budget and conservation plan; and (e) that the water use projected for the development will be sustainable. (2) Water and sewer service trenches shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum. Partial services 44. ( 1 ) The construction or expansion of partial services is prohibited. 55 (2) Subsection (1) does not apply to prevent the construction or expansion of partial services that is necessary to address a serious health concern or environmental concern. (3) Subsection (1) does not apply to prevent the construction or expansion of partial services if, (a) the construction or expansion was approved under the Environmental Assessment Act before November 17, 2001; and (b) the period of time during which the construction or expansion may begin has not expired. ( 4) Subsection ( 1) does not apply to prevent the construction or expansion of partial services in the Palgrave Estate Residential Community as shown on the land use . designation map referred to in section 2. Stormwater management 45. ( 1) An application for major development shall be accompanied by a storm water management plan, as set out in section 46. (2) Every application for development or site alteration shall demonstrate that planning, design and construction practices that protect water resources will be used, including, (a) keeping the removal of vegetation, grading and soil compaction to a mmunum; (b) keeping all sediment that is eroded during construction within the site; (c) seeding or sodding exposed soils as soon as possible after construction; and (d) keeping chemical applications to suppress dust and control pests and vegetation to a minimum. (3) In considering an application for development or site alteration, the municipality shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize storm water volumes and contaminant loads. ( 4) Municipal development standards shall incorporate planning, design and construction practices that will, 56 ' I ) (a) reduce the portions oflots and sites that have impervious surfaces; and (b) provide the flexibility to use alternative stormwater management techniques such as directing roof discharge to rear yard ponding areas and using grassed swales. (5) Subsections (2), (3) and (4) do not apply to applications for mineral aggregate operations. ( 6) For the purposes of storm water management, the minimum standard for water quality is that 80 per cent of suspended solids shall be removed from storm water runoff as a long-term average. (7) Despite anything else in this Plan, disposal of storm water into a kettle lake is prohibited. (8) Despite anything else in this Plan, new stormwater management ponds are prohibited with respect to land in key natural heritage features and hydrologically sensitive features. (9) In subsection (8), '•storm water management pond" means a detention basin that temporarily stores or treats collected storm water runoff and releases it at a controlled rate. Stormwater management plans 46. ( 1) The objectives of a storm water management plan are to, (a) maintain groundwater quantity and flow and stream baseflow; (b) protect water quality; (c) protect aquatic species and their habitat; (d) prevent increases in stream channel erosion; and (e) prevent any increase in flood risk. (2) A storm water management plan shall provide for an integrated treatment train approach that uses a planned sequence of methods of controlling storm water and keeping its impact to a minimum by techniques including, without limitation, 57 58 (a) lot level controls such as devices and designs that direct roof discharge to rear yard ponding areas; (b) conveyance controls such as grassed swales; and (c) end-of-pipe controls such as wet ponds at the fmal discharge stage. (3) A storm water management plan shall be prepared in accordance withthe applicable watershed plan under section 24, if one exists. Rapid infiltration basins and columns 4 7. ( 1) Despite anything else in this Plan, new rapid infiltration basins and 11ew rapid infiltration columns are prohibited. (2) In subsection (1), "rapid infiltration basin" means a basin or system of basins at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces; "'rapid infiltration colunm" means a column or system of columns at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces. PARTV PRESCRIBED PROVISIONS Prescribed provisions, subs. 15 (2) of Act 48. With respect to land in the Natural Core Areas, Natural Linkage Areas and Countryside Areas, the following provisions are prescribed for the purposes of subsection 15 (2) of the Act: Sections 20, 22, 23 and 26 Clause 4 3 ( 1 ) (b) Subsections 45 (7) and (8) Section 47 Commencement ) 49. This Regulation shall be deemed to have come into force on November 16, 2001. 59 - 9 - IMPLEMENTATION Status and Effect of The Plan The policies of the Plan do not affect any Aboriginal or treaty right recognized or affirmed by the Constitution Act. The Ontario government shall consult with Aboriginal peoples · · ' .· .· · · about decisions that may affect the use of Crown land and resources that are subject to Aboriginal and treaty rights within the Oak Ridges Moraine. Provincial Obligations and Technical Support (a) The Ontario government shall make available to users of the Plan maps technical information on the Key Natural Heritage Features, where available, as well as criteria for the identification and mapping of these features, Hydrological Features . "· . -. -~ and Landform Conservation Areas and areas highly vulnerable to. groundwater ' . , contamination, as described in PART Ill of the Plan. (b) The Ontario government shall update existing technical guidelines or develop new ones as required to help the users of the Plan to better understand, interpret and implement the policies of the Plan. These shall include, but not be limited to, manuals on: (c) natural heritage; landform conservation; stormwater management planning, design and implementation; water budget and water conservation plan preparation; watershed and subwatershed plan preparation. The Ontario government, in partnership with municipalities, conservation authorities and other appropriate stakeholders, shall develop and maintain a data management system to collect, store, update and share natural heritage, water resources and geotechnical information needed to interpret, apply and monitor the policies of the Plan. Municipal Implementation (a) The Oak Ridges Moraine Conservation Act 2001 directs municipalities to bring their official plans into conformity with the Plan and to ensure that the decisions they make on development applications conform with the Plan. (b) Nothing in the Plan is intended to prevent municipalities from adopting official plan policies and zoning by-law provisions that are more restrictive than the policies of this Plan, except where prohibited by the Plan. The Ontario government encourages municipalities to develop additional policies for the Oak Ridges Moraine that support, complement, or exceed the policies of this Plan. ····! -10- Performance Indicators and Monitoring (a) The Ontario government, in consultation with municipaliti.es, shall over time identify performance indicators for monitoring the effectiveness of the Plan. (b) The Ontario . government, in partnership with appropriate stakeholders, shall establish a monitoring network to collect, summarize and evaluate performance indicator data to: assess changes in the ecological integrity of the Moraine; assess the effectiveness of the policies of the Plan in achieving the Plan's vision and oqjectives; help identify improvements that would address problems encountered in implementing the Plan. Plan· Review and Amendment (a) The Plan is a long-term strategic plan that shall be formally reviewed once every 10 years and, if appropriate, amended to: include new, updated, or corrected information; improve the effectiveness and relevance of its policies; reflect changed or new priorities of the Ontario government. (b) The 1 0-year review cannot consider removing 'land from the Natural Core Areas and Natural Linkage Areas. (c) A 1 0-year review of the Plan shall consider: the need to change or refine the boundaries of the Countryside Areas and Settlement Areas; the continued effectiveness and relevance of the Plan's vision, purpose, objectives and policies; the effectiveness of the Plan's policies in meeting the Plan's vision, purpose and objectives; new, updated, or corrected information; new science, technologies, or practices that shall improve the Plan's effectiveness; any other matter that the Ontario government deems appropriate. (d) Consideration of the need to change or refine the boundaries of Settlement Areas as part of a .1 0-year review requires a justification study prepared by the upper-tier or single-tier municipality that comprehensively demonstrates that: there are not enough lands designated in the official plan to meet the municipality's short-term growth needs; opportunities for infilling, intensification and redevelopment to accommodate some or all of the anticipated growth in existing Settlement Areas in the municipality have been fully taken into account; opportunities for Settlement Areas in other municipalities, or for urban areas - 1 1 - outside the Oak Ridges Moraine, to accommodate some or all of the anticipated growth have been fully taken into account and do not adversely affect the ecological integrity of the Moraine; the new Settlement Area boundary would not expand into or adversely affect any Natural Core Areas or Natural Linkage Areas; the area proposed to be added to Settlement Areas .has been kept as small as possible, by permitting development at densities that promote efficient use of existing infrastructure and minimize land consumption; water budgets . and water conservation plans have been prepared in accordance with PART Ill (Section 24) of the Plan. (e) A 10-year review may also include an examination of the Plan's policies on mineral aggregate extraction in Natural Core Areas, recognizing that mineral aggregates are a non-renewable resource that are particularly desirable this close to markets. The review may consider in particular whether to change the policies of this Plan to permit new mineral aggregate operations and wayside pits to be established and existing ones to expand in Natural Core Areas, where the ecological integrity of those Areas can be maintained or improved. For any such policy change to be considered, studies shall: identify specific areas such as agricultural area, young plantations, or early successional habitats where extraction could occur without long-term or permanent loss of ecological integrity; demonstrate that where any natural self-sustaining vegetation needs to be removed for extraction, it shall be rehabilitated to natural self-sustaining vegetation of equal or greater ecological value; demonstrate that any non-agricultural area extracted shall be rehabilitated to natural self-sustaining vegetation; demonstrate that the connectivity of key natural heritage features and hydrological features shall be maintained, or improved or restored where possible, during and after extraction; identify operational practices that will minimize possible negative impacts, such as: phasing extraction to minimize the extent of soil exposed at any one time, encouraging rapid extraction and rehabilitation, especially adjacent to key natural heritage features and limiting activities on site to extraction and rehabilitation only and carrying out other activities such as processing, washing and stockpiling on sites outside the Natural Core Areas; demonstrate the successful performance of mineral aggregate operations and their rehabilitation in maintaining and improving ecological integrity in Natural Core Areas, Natural Linkage Areas and Countryside Areas since the Plan came into effect. -12 - (f) It is not intended that the Plan will be amended on a routine or regular basis. However, the Minister may consider amendments outside a 10-year review if: the amendment would correct major or unforeseen circumstances, or would incorporate or reflect major new Ontario government legislation, regulations, policies, new information or standards; deferral of the amendment to the next 1 0-year review would threaten the overall effectiveness or integrity of the Plan; the amendment would improve the effectiveness and relevance of its policies. How to Contact Us For questions on site specific matters relating to planning approvals and transition, you are encouraged first to consult the appropriate municipality. With respect to the official plan and zoning by-law conformity exercise, please contact the. appropriate Municipal Services Office of the Ministry of Municipal Affairs and Housing: Municipal Services Office -Central Region (416) 585-6226 Toll Free: 1-800-668-0230 Municipal Services Office -Eastern Region (613) 548-4304 Toll Free: 1-800-267-9438 For general matters, please contact: Oak Ridges Moraine Policy Team Provincial Planning and Environmental Services Branch Ministry of Municipal Affairs and Housing 1 4'" fioor, 77 7 Bay Street Toronto, Ontario M5G 2E5 (416) 585-6014 e-mail:· oakridgesmoraine@mah.gov.on.ca APPENDIX "B" Oak Ridges Moraine Conservation Plan Land Use Designations (Map) October 22. 2003 APPENDIX "8" Oak Ridges Moraine Conservation Plan Land Use Designation Map Town of Aurora Legend --Major Road --Minor Road • • • Municipal Boundary a:=J Oak Ridges Moraine Conservation Plan Area ~ ::·-:· .. :-:_.:.-::-:! Countryside Area ~ Natural Core Area 0 Natural Linkage Area ITIID Rural Settlement D Settle~nt Area N A 0 1 2 3 Kilometers Reproduced by the Town of Aurora Planmng Department, dated May 22nd. 2003, under Ucence with the Ontano Minister of Mumc1pal Aff&rs and Housing 2002. Base information derived from the Region of York. f.Sp·ecl.al Study or Secondary nlng Areas TOWN OF AURORA OFFICIAL PLAN SCHEDULE 1A 1 LAND USE PLAN TOWN ---__ qF HILL 0 0 0.5 1 1.5 Kilometres Scale 1:16,000 i --------·----! ~ --._ I , --._ ._ ~ ~ -; -: -; -~-- -~ ---I ' ' ' -' ' ' ' ( I I I --' Legend Municipal Boundary Road Proposed Road Railway Hydro Line w .. tvtewo, \ Oak Ridges Moraine .,,-....,....,., Conservation Plan Area • • Boundary of Oak Ridges Moraine Conservation Pl an Area Ontario Regulation 140/02 Boundary of Oak Ridges Moraine Area Ontario Regu lation 01/02 VANDORF SIDEROAD D Oak Ridges Moraine Natural Core Area D Oak Ridges Moraine Natural Linkage Area D Oak Ridges Moraine Countryside Area • • • • • • Oak Ridges Moraine Settlement Area -... SCHEDULE 'A' LAND USE PLAN c:::J Urban Residential c:::J Suburban Residentia l c:::J Es tate Residential -Commercial -Industrial 0 Institutional c:::J Public Open Space c:::J Pri vate Open Space c:::J Rur al SECONDARY PLANS -Collector Road Connec11ons = Pr ivate Pedestrian Connectio ns .............._ Conceptual Trail System And Ped estrian Linkages ~ Urban Residentia l liiiiiiii Suburban Resident ial Public Ope n Space f;;;';;;;lJ Golf Course OPA30 .6 Stormwater Management Fac il ity B Business Park ~ Linear and Other Open Space OPA34 [T.t$1 Bu ilding Setback m Cluster Res ident ial -Ecologica l Buffer @ Elementary School Park f::-!6~~ Environmental Function Area ~ Environmenta l Protec1lon Area ~ Environmenta l Restoration Area ~ Estate Reside ntial [IIIJ l ow DensHy Suburban Residential 1&1 Major Institution B±B Minor Inst itution ~ Private Open Space ~ Public Open Space -Suburban Resident ial § Tran sklona l Residential OPA37 ---OPA37 Concept Road Q Possible Intersection D Proposed location of Creek Crossing 0 Stormwater Management Facility {ConceptuaQ ~ Core Area Open Space liiiiiiJ Suburban Residential [!±) Suburban Residential (SA-1 ) LJ~4,NI Supporting Area Open Space OPA61 ~ UR Low Density ~ UR Mixed DensHy Medium -L ow ~ UR Ex Residential Low Density -UR lnsthu tlona i s UR Neighbourhood and Community Part< ~ UA Linea r and Other Open Space ii ORAWNBY; DATE ; CF &JS 06.123/03 PAPER SIZE: DATE UPDATED: ANS I D (22K34) 10/30/03 APPROVED BY: AL£NAME : JK SChtd"'-Af lnaL V•:.lon.mxd Map craated by Town of Aurora Planning Department, June 23rd, 2003. Map modified and updated on October 30th, 2003. Base Data provided by the Region of York. Reproduced by the Town of Aurora Planning Department, dated June 23rd, 2003, under Licence w~h the Ontario Minister of Municipal Affairs and Ho using IC> 2002. Base information derived from the Region of York . ?''V*\ h~*!, TOWN OF Jlf.W..M~f!.K§[. • -J ••••••• .!. ....... -.. :::--. PI 1---~ ~ ~ ~ ~ ~ ~ -Ql § C/) ~ s & 1--_ _,___ -. Wellington Street West- fl tD ~I St John's Side road 1------- >.::l) I 1 1 I Qi J & If( J..n l I f, I J _.__ ~~r-~~--~11---- ? ~ / SCHEDULE "J" MAP1 ~ \9 ~---, I i I ' .. r----~-----· ! ___... t= I j·-{ ·~-- '--.} ~c :::1 r _ _[-rl==~~~ -·· <( 3: Ql rt I -~·-, ... E I I ,ttl ~f r ~ : ·---~----- r··------ ... _______ 1 r······-. ':.. .......... __ ~-------------/ ~~~-- Vandorf.Sideroad :;;?/ -~ Qi i!! -C/) -~ :::1 s Cll co If~ ------~--~---=---- Bloomington Road -Ql i!! -C/) Ql Ol c: -J! ------·-: ---- r-1"71 I I I TOWN OF RICHMOND HILL \ .. ------------------ Bloomington· Road A/ ,---------. : : td_ ~ I TOWN OF AURORA tv OAK RIDGES MORAINE CONSERVATION PLAN LAND USE DESIGNATION AREAS SCHEDULE "J" ~ MA.Pt ---- r--------------------------~ LEGEND • • • Municipal Boundary ..-,r--..-Oak Ridges Moraine T T T Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation .............. .. Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario Reaulatlor.~ 01/02 Major Streets Minor Streets Proposed Streets Railway LAND USE ~ Oak Ridges Moraine ~ Countryside Area 100001 Oak Ridges Moraine ~ Natural Core Area 1'777.1 Oak Ridges Moraine ~ Natural Linkage Area ~ Oak Ridges Moraine ~ Settlement Area !!? -<,&If';:~"% (\~ ""'G"'t 0 0.5 Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department, August 21st, 2003, under Licence with the Ontario Minister of MuniCipal Affairs and Housing 2002. Base Information derived from the Region of Yorlc. &'""~ I, , ,, ::::> ~"'"' TOWN OF NEWMARKET I I I l___.A,_ cy::::: :X: J I :II . ······--·--··· ···-··················· -----····-SCHEDULE "J" MAP2 I f 1 ( •••• 1 \...--" f St John's Side road • ~ .s We IIi Street East ··· , ··· ' Wellington Street East r TOWN OF AURORA tv OAK RIDGES MORAINE CONSERVATION PLAN LAND USE DESIGNATION AREAS SCHEDULE "J" ~ LEGEND ••• ' ' ' Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario ReQutation 01/02 Major Streets Minor Streets Proposed Streets Railway MAP2 LANDUSE ~ Oak Ridges Moraine ~ Countryside Area ~ Oak Ridges Moraine ~ Natural Core Area 1'7771 Oak Ridges Moraine ~ Natural Linkage Area ~ Oak Ridges Moraine ~ Settlement Area 0 0.5 Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department, August 21st, 2003, under Ucence with the Ontario Minister of Municipal Affairs and Housing 2002. Base Information derived from the Region of Yorlc. ~ ~ ~ ~ 2 IV A r""'J ~~ .. v~- J ~ .• • • Bloomington· TOWN OF AURORA Kilometres Scale 1:20,000 ORM KEY NATURAL HERTIAGE FEATURES AND HYDROLOGICALLY SENSITIVE FEATURES SCHEDULE "K" MAP1 LEGEND .... ORM Endangered, Rare ..... and Threatened Species l2'.J Waterbodles ~.U'-1,.,.4-~ ••• ' ,----, Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario Reoulatlon 01/02 Major Streets Minor Streets Proposed Streets Railway f .~~;~~··J Wetland I22Lj Wetland MVPZ -Stream ~ Stream MVPZ ~ Area of Natural and Scientific ~ Interest (Life Science) ~ ANSIMVPZ ~e:-:.;~ Woodland ~ Woodlands MVPZ MVPZ = Minimum Vegetation Protection Zone ~ Reproduced by the Town of Aurora Planning Department, August 11th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Map modified on October 1Oth, 2003. Base information derived from the Region of Yor1<. SCHEDULE "K" MAP2 "~ I J ','l (-::---l \...--' 1' St John's Sideroad -CJ.) !!! -rJ) ~ 3 ---·--· ' Wellington Street East I ---L.' '-iff \ r :1 ']. I i TOWN OF AURORA ORM KEY NATURAL HERTIAGE FEATURES AND HYDROLOGICALLY SENSITIVE FEATURES SCHEDULE "K" MAP2 l LEGEND ~ ORM Endangered, Rare .... and Threatened Species ~ Waterbodies '\•>""'~of~, tf' 90 % tBt ••• ,--, ' Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario ReQulation 01/02 Major Streets Minor Streets Proposed Streets Railway r~·--.~i~~~1 Wetland ~ Wetland MVPZ -Stream ~ Stream MVPZ ~ Area of Natural and ScientifiC E.J!1..:..l Interest (Life Science) ~ANSIMVPZ r..;::-"':Ol Woodland ~ Woodlands MvPZ MVPZ = Minimum Vegetation Protection Zone ~ Reproduced by the Town of Aurora Planning Department, August 11th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Map modified on October 10th, 2003. Base information derived from the Region of Yolk. ~ ~ ~ ~ f2 C'~ -···-·· SCHEDULE "L" John's Sideroad { 1 l 1 I ~--. I - Street East 1 J I TOWN OF AURORA OAK RIDGES MORAINE LANDFORM CONSERVATION AREAS SCHEDULE "L" MAP1 N ~ LEGEND LANDFORM CLASS 0 0.5 ••• , ... rl Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of_ Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario Reaulatlon 01102 Major Streets Minor Streets Proposed Streets Railway 17777] Category 1 • ~ (Complex Landform) ~ Category 2 • E.:.:.3 (Moderately Complex Landform) · ----------~-... -,.~·A>e•~"'•'-'<~,;~•.,·,;;,;,;;;,;<,';k;, 0•,';'Z.Co'.<i2~~~-~c;:-:o·.u.;,;,;>O<,;"'~·~_,, •-•~--.-• -~-.,~~."-- Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department, August 11th, 2003~ under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base information derived from the Region of Yorlc. ··--··-················ •••••••••• SCHEDULE "L" I l I r-:-1 '--'I St John's Sideroad I ' •··· , ···· ' Wellington Street East TOWN OF AURORA a; ~ U) ~ rJ) Ql ....J N OAK RIDGES MORAINE LANDFORM CONSERVATION AREAS SCHEDULE "L" ~ LEGEND ••• ' ' ' Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140'02 • Boundary of Oak Ridges Moraine Area Ontario Reaulation 01102 Major Streets Minor Streets Proposed Streets Railway MAP2 LANDFORM CLASS 177771 Category 1 - ILLLLJ (Complex Landform) ~ Category 2 • ~ (Moderately Complex Landform) ~oV"'ol~ Iff ,;., '> ,. ~ ·.-._ __ ··;_, · . .:..~.-.~,··-• ·--~-''""~·'·-·~:::'":'. -~-~:--c.·-·.o:,--,_-:-:-::,·;;~:;;:;::~;,;,: ~-;:-·:~.~-=---~~-.,..,.--,~·~.-r~===c·.::-;::c7; :.:_--;_-;_~:;;-_,;:;;;::;::;:,;::0:_,;_""-'"·;~"-'•''·'''W~,~>-~,::;:;;:;::;;;:::;::;:;,::;:;;;;:::::;;::;:::;:;-.="'"~·~·r• -~-· 0 0.5 Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Depattment, August 11th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base Information derived from the Region of York. ~ ~ ~ ~ f2 /" SCHEDULE II 1 John's Sideroad ! I I I I r·· I ~ . . . . . . . . . . . . . ..... ... . ::: ::: : I ............... .................. ........... ..... ............. .................. . . . . . . . . . . . . . ............. . . . . . . . ' . . . . . ............. . . " ........ . . . . . . . . . . ............. ............. ............ ...... . . . . . . . . . . . . . ................ "'-.. ,............................ - ---. -- ------ - -::::::::::::::::::::::::: · ·• ·ro;;;;.j;r;;:~tb~ffd~~~~if~;.;·;.;'f:;.;·;.;·;.;·;;;·~·si66'~i~dt~'~·~g~~·~4w:w:w:~.iii.iii'iii'~ TOWN OF AURORA OAK RIDGES MORAINE AREAS OF HIGH AQUIFER VULNERABILITY SCHEDULE "M" MAP1 N ~ LEGEND AQUIFER CLASS 0 0.5 ••• ' ' ' Municipal Boundary Oak Ridges Moraine ConseiVation Pian Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of 9ak Ridges Moraine Area Ontario Reoulatlon 01102 Major Streets Minor Streets Proposed Streets Railway ~ High Vulnerability k:: :J Low Vulnerability (G ~ Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department, August 11th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base fnfonnatfon derived from the Region of York. '"""·"'-'"'''~"""'~·--······-'--··---~~~--------·;·--:~~·=-'"'''"'·•.<..~''-''""0A~~>:<C\,90lo-''·1,~0-.'~""~~~''.0::l.l:.~i.<(;V.';;0".G1:.>.-o,;o'"""'·'''''-' •"···'•'"•'·' .-.. ~-· ... ~···--··-------···~-·-~--~-·~---·~·---k•"••~•~·"'····-.. -~~-~-~-----··· ··--··················· ·········- I ., I I 1 f 1 (-::-] ._.......,. St John's Side road 1 ; I -Cil fE -C/) .!!! 3 ' ·--•, ·---· 1 Wellington Street East-! =J.:/:f?'flf \ ,-=t 1 I I TOWN OF AURORA OAK RIDGES MORAINE AREAS OF HIGH AQUIFER VULNERABILITY SCHEDULE "M" MAP2 l IV A LEGEND AQUIFER CLASS 0 0.5 ••• ' ,--,- Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Qak Ridges Moraine conse!Vation Plan Area Ontario Regulation 140102 • Boundary of Qak Ridges Moraine Area Ontario Reoulatlon 01/02 Major Streets Minor Streets ~ High Vulnerability Proposed Streets b:: d Low Vulnerability Railway ~-i'dJil~ of' it..~ ,A ~ Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Depat1ment, August 11th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base information derived from the Region of York. pQ;r;~ I TOWN OF NEW~~RKET I <::;;> I I ~~~~~~~-----··· ~.,.. .,._ !!J-!!J-~ '5 ~ _..-~ ---' t--~ rs s;? ~ ~ §3 ~ {2 I h SCHEDULE "N" MAP1 -~~. ' ' r··\ I : r1 ... .~ ..... J l ' ,_, r· a:/··· ::J --r=:::c;, = ~ --- 1<( ( 1--__.1--~ c-t-r-:1--L---~ ~ )'"- OJ • .t· ... · ; r---. ' ·--1·---.••• ! ____ _ ,-------1 '·-----·-1 ... ------.. _1 '------.__ . _I_ •:.~ 1 1 1 1 1 ,wellington Street East 1 ~ ' 1 I ) J I I I I I I~ I I ' \ ..... ·········~-~ TOWN OF AURORA IV OAK RIDGES MORAINE WELLHEAD PROTECTION AREAS SCHEDULE "N" ~ LEGEND ••• 'r-T Municipal Boundaty Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 140/02 • Boundary of Oak Ridges Moraine Area Ontario Regulation 01102 Major Streets Minor Streets Proposed Streets Railway MAPt Time of Travel Zones ~ 2-10Years m 10-25 Years ,_"'"·-if' • ~ .. til ~ -----,.· ····~·""-'"' ' ,,,., '"''"·'-"';.;·~~·'•"..!~;<,;,.;,;M;.;;,;,:;;-~'J"'!.'-'\:.o;;cH&:,;,;,: ·.',i,<;;/:;,,;(.CN;.Jc.>.,,,,_,,,,,~,·•·'·"~·~:"":"~·-;---: 0 0,5 Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department. August 12th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base lnformatioh derived from the Region of York. TOWN OF NEWMARKET ~--~,.,.. .11',.,.,. ~...-.....-----------~ I f , ... , t~ j 1..---' • StJohn's Sideroad I) () .... : ...... , I , 1 . ·-............ -., ••• r·'\ \ : : : ' r· ;··---~--------· . : : L .... ~ ' , .............. , ""'t----1 ...... : ! t·-----; ---·1··-1··-j··t··t-----..!. .............................. . :-------j i i ! ! '-------; : i ! ! Q) • : : : : :::;, ·<: : : : : I f"l~~=:f6 ·······'1t····'···t··+·1, I I ::> ' ............ '\ \ \ I ~ : .. \ \ .......... . -...... :-------. t.--~----'· : r--.. .,. -~ r···--·L..l \-·.: 1 r 7 / I --> . , ......... ) ~ ..... J ••. ~ .• J I >.. .......... : \ CO' ! ···t··------.. --....... .,. .... t---------- -Ql ~ -Cl) .9! ~ SCHEDULE "N" MAP2 0 ~--: 'l! -1~-------\ ~ i i , ................. j : r·-----; : : : ~----------· l ... ..o..,., 1 J J o 1 I 1 1 : ------1 ............. J. .... +--------~ ·---.!.. ....................... l ............. .j.. ......... J ::::1 . . -. . > c~~~:::::~::~:.:~:.::.:::::::.::r:::::J ~ r··-----l-·-i : : i J ~ o ------..... ) i ! ! j i \ ,__ I I ~ ... ! •....... \ CF) Wellington Street East-, ; . 1 ~ellington Street East ::t.--,-, ~I i : 0 ! I cr ........... •.••••..••..•...••.. :::> /' ·-., .J: I l o / , ~ .... . -___________ ...... \ .:t:' . ~ lL 0 ~ ~---"rl TOWN OF RICHMOND HILL'' TOWN OF AURORA OAK RIDGES MORAINE WELLHEAD PROTECTION AREAS SCHEDULE "N" MAP2 I II I I I, ., I, .i I, r rv jJ LEGEND 0 0.5 ••• ' ' ' Municipal Boundary Oak Ridges Moraine Conservation Plan Area • Boundary of Oak Ridges Moraine Conservation Plan Area Ontario Regulation 14CV02 • Boundary of Qak Ridges Moraine Area Ontario Reaulatlon 01/02 Major Streets Minor Streets Proposed Streets Railway Time of Travel Zones ~2-10Years ~ 10.25 Years 4i<ft"'.or1v~ * "--·---~,--~~~-~-~··· .,ccc.;,-c,'"'''·'"'Mi>:£<~<>\;;;:,;.;;,;<;'-;';<,:.J:•:<.'•%';0,'"''.><"':o0,1•"'·':C:~<';,~,;;:,"""'-'""""'"'-'"""~·"··'~~·~·c·A--·-· Kilometres Scale 1 :20,000 Reproduced by the Town of Aurora Planning Department, August 12th, 2003, under Licence with the Ontario Minister of Municipal Affairs and Housing 2002. Base Information derived from the Region of Yot1c.