HomeMy WebLinkAboutBy-law No. 2014-116 - f 1 b
AMENDMENT NUMBER 13
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: FARM CONSOLIDATION AND SURPLUS FARM
DWELLINGS
MUNICIPALITY OF BAYHAM
The following text and map schedule
constitute Amendment Number 13 to the
Official Plan of the Municipality of
Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THE attached text and map schedule constituting Amendment No. 13 to the Official Plan of the
Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of
Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by
By-law No. 2014-116, in accordance with Section 17 of the PLANNING ACT, on the 18th day of
December 2014.
t./.
63/A-CP
MAYOR CLERK
BY-LAW NO. 2014-116
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of
the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 13 to the Official Plan of the Municipality of Bayham consisting of the
attached map schedule is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin
for approval of the aforementioned Amendment No. 13 to the Official Plan of the Municipality
of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin
County.
ENACTED AND PASSED this 18th day of December 2014.
fie / 4°7
.y f
MA OR C ERK
CERTIFIED that the above is a true copy of By-law No. 2014-116 as enacted and passed by the
Council of the Corporation of the Municipality of Bayham.
CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 13
I. PURPOSE
The purpose of the official plan amendment is to change the policies of Section 2.1.7 Farm
Consolidation and Surplus Farm Dwellings.
2. LOCATION
The amendment applies to all lands designated "Agriculture" as shown on Schedule Al
Municipality of Bavham Land Use of the Official Plan.
3. BASIS OF THE AMENDMENT
The application is deemed to be in accordance with the Provincial Policy Statement 2014
and the Official Plan of the County of Elgin. For a complete analysis of this criteria including
why the proposed application is recommended for approval see the memorandum dated
October 24,2014 titled"Application to Amend the Official Plan&Zoning By-law#Z456-2003
-Pt. Lot 13& 14, Concession 5, 55738 Calton Line;and Official Plan Section 2.1.7 Surplus
Farm Dwellings", by IBI Group.
4. DETAILS OF THE AMENDMENT
Section 2.1.7.1 through 2.1.7.4 of the Official Plan are hereby deleted in its entirety and
replaced with the following:
2.1.7.1 In accordance with the Provincial Policy Statement, farm consolidation shall
mean the acquisition of additional farm parcels to be operated as one farm
operation. Farm consolidation may result in the identification of existing farm
dwellings that are rendered surplus to the consolidated farm operation.
Consents to sever and convey existing farm dwellings which were built and
occupied a minimum of ten(10)years prior to the date of consent application,
and which are surplus to a consolidated farm operation, may be permitted
within the"Agriculture"designation in accordance with the following criteria:
a) In the opinion of Municipal Council,a land use conflict shall not be created
with agricultural operations or other existing land uses in the immediate
area of the subject lands;
b) Where a farm parcel with more than one existing dwelling is being
consolidated into a farm operation,only one dwelling may be severed from
that farm parcel, and no more than one severance of a surplus dwelling
shall be allowed from an original farm parcel regardless of changes in
boundary or ownership.
c) A minimum of one existing dwelling within the Municipality of Bayham
must be retained by the proponent farm operation,ora registered owner of
the proponent farm operation;
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval
authority, and be serviced by a potable water supply;
b) Meet the provisions of the MDS 1 for livestock facilities and manure
storage facilities on the proposed retained lands;
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the
Municipality of Bayham;
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) Include accessory buildings and structures if in the opinion of Municipal
Council a land use conflict will not be created; and
b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock
2.1.7.4 All parcels of property constituting the retained agricultural lands shall:
a) Depending on the current zoning and lot size, meet the provisions of the
Agricultural (Al I Al-A) Zone regulations of the Zoning By-law of the
Municipality of Bayham;
b) Be rezoned to prohibit the placement, development, or establishment of
any additional type or form of residential dwelling units thereon, regardless
of changes in property boundary or ownership.
G I V En
i�-
IAY 252015
J 41111'Y LlitYHAM
May 19, 2015
Margaret Underhill, Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 9344 Plank Road
Straffordville, ON NOJ 1Y0
Re: Official Plan Amendment No. 13
File No: BA-OPA13-14
Further to the Notice of Decision given on April 16, 2015 please be advised that no
appeals have been lodged with the County of Elgin within the 20 day appeal period and
therefore this Official Plan Amendment is approved .
A signed declaration is attached for your files.
If you have any questions please contact me.
Yours truly,
-e ‘44.
Steve Evans
Manager of Planning
Enclosure
cc: Paul Shipway, CAO
Municipality of Bayham
P.O. Box 160, 9344 Plank Road
Straffordville, ON NOJ 1YO
County of Et .I,
Administrative Services
450 Sunset Drive
St.Thomas,ON N5R 5V1
Phone:519-631-1460
www.elgincounty.ca
roe vo by 1%-ii tfre
DECLARATION
In Accordance with Section 17(38) of the Planning Act
Re: Official Plan Amendment No. 13
Municipality of Bayham
Applicant: Municipality of Bayham
Owner: William and Jacqueline Ringland
Location: 55378 Calton Line
Municipality of Bayham
County File No.: BA-OPA13-14
l Steve Evans, Manager of Planning, for the County of Elgin hereby declare,
1. That the Council of the County of Elgin approved Official Plan Amendment No. 13
on April 14, 2015.
2. That notice of the decision was given as required under section 17(35) of the
Planning Act on April 16, 2015.
3. That no notice of appeal to the Ontario Municipal Board of the decision to
approve Official Plan Amendment No. 13 was filed under section 17(36) of the
Planning Act within the time allowed for submitting an appeal.
4. That based on the above information, the decision of the Council of the County of
Elgin (Approval Authority) is final and Official Plan Amendment No. 13 is now in
full force and effect.
Dated in Elgin County, Ontario, this 19th day of May, 2015.
‘,„,,
teve Evans,
Manager of Planning
County of Elgin