HomeMy WebLinkAboutMarch 07, 2019 - Council - Addendum THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING ADDENDUM
MUNICIPAL OFFICE
Thursday, March 7, 2019
1. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
A. County of Elgin Notice of Decision re Approval of Official Plan Amendment No. 23 Five
Year Review to the Municipality of Bayham Official Plan
Elgin
AVE
February 20, 2019 RECED
MAR ' 5 t°19
MUNICIPALITY BAYHAM
Margaret Underhill, Deputy Clerk
Municipality of Bayham
P.O. Box 160, 9344 Plank Road
Straffordville, ON N0Y 1Y0
Subject: Approval of Official Plan Amendment No. 23
Five-Year Review to the Municipality of Bayham Official Plan
File No: BA-OPA23-18
In accordance with Section 17 (35) and 21 of the Planning Act, the above-noted Official
Plan Amendment was modified and approved on February 12, 2019.
Attached please find a Notice of Decision which includes the purpose of the Official Plan
Amendment and the last date for appeal.
Yours truly,
A ‘47-0/
Steve Evans
Manager of Planning
County of Elgin
Administrative Services
450 Sunset Drive
St.Thomas,ON N5R 5V1
Phone:519-631-1460
www.elgincounty.ca
Progressive by Nature
File No.: BA-OPA23-18 Date of Decision: February 12,2019
Municipality: Municipality of Bayham Date of Notice: February 21, 2019
Subject Land: Entire Municipality Last Date of Appeal: March 13, 2019
Applicant: Municipality of Bayham
NOTICE OF DECISION
With respect to an Official Plan Amendment
Section 17(35) and 21 of the Planning Act
Purpose and Effect of the Official Plan Amendment
The purpose of this Amendment is to implement the recommendations of the five-year review of the
Bayham Official Plan. Section 26 of the Planning Act requires that the Official Plan be reviewed every five
years. The amendments to the Official Plan are intended to keep the Official Plan current with respect to
Provincial and upper-tier (County of Elgin) policy requirements and matters of Provincial interest as well
as to address community issues identified throughout the review process.
Decision
On February 12, 2019, Elgin County Council approved as modified Amendment No. 23 to the Official
Plan for the Municipality of Bayham as adopted by By-law No.2018-073 on June 21, 2018.
When and How to File an Appeal
Any appeal to the Local Planning Appeal Tribunal Who Can File an Appeal
must be filed with the County of Elgin no later Only individuals, corporations or public bodies
than 20 days from the date of this notice as may appeal the decision of the County of Elgin to
shown above as the last date of appeal. the Local Planning Appeal Tribunal. A notice of
appeal may not be filed by an unincorporated
The appeal should be sent to the attention of the association or group. However, an appeal may
Manager of Planning, at the address shown be filed in the name of an individual who is a
below and it must, member of the association or group on its behalf.
(1) set out the specific part of the proposed No person or public body shall be added as a
official plan amendment to which the appeal party to the hearing of the appeal unless, before
applies, the plan was adopted, the person or public body
(2) set out the reasons for the request for the made oral submissions at a public meeting or
appeal, and written submissions to the council, or, in the
(3) be accompanied by the fee prescribed under opinion of the Local Planning Appeal Tribunal,
the Local Planning Appeal Tribunal Act in the there are reasonable grounds to add the person
amount of$300.00 payable by cheque to the or public body as a party.
Minister of Finance, Province of Ontario.
When the Decision is Final Mailing Address for Filing a Notice of Appeal
The decision of the County of Elgin is final if a
Notice of Appeal is not received on or before the County of Elgin
last date for filing of a notice of appeal. Planning Department
450 Sunset Drive
Other Related Applications: NA St. Thomas, ON N5R 5V1
Submit notice of appeal to the attention of the
Getting Additional Information Manager of Planning.
Additional information about the application is
available for public inspection during regular Telephone: (519)631-1460
office hours at the County of Elgin at the address Fax: (519)633-7661
noted below.
DECISION
With respect to the Official Plan for the Municipality of Bayham
Subsection 17 (34) of the Planning Act
I hereby modify and approve as modified, Official Plan Amendment No. 23 for the
Municipality of Bayham as adopted by By-Law No. 2018-073, as follows:
1. Part 4 — Section 2.2.3 is modified by deleting subsection 2.2.3.6 in its entirety
and replacing it with the following:
2.2.3.6 Where development or site alteration is proposed in any of the Natural
Heritage Features and Areas identified in this Plan or on adjacent lands, the
landowner shall request Species at Risk (SAR) information from the Ministry of
Natural Resources and Forestry (MNRF) - Aylmer District, prior to beginning site
alteration and/or conducting SAR surveys. Once information has been provided,
MNRF will review available SAR data to determine if SAR species are known or
likely to occur on the property. If SAR species are known to occur the landowner
may be required to engage a qualified biologist to determine if the proposed
development may contravene the Endangered Species Act (ESA). Project
screening through an Information Gathering Form (IGF) would be needed to
initiate a project screening request after which MNRF would provide a response
indicating that contravention under the ESA is not likely to occur or contravention
under the ESA is likely to occur with recommended options for seeking approval.
No development or site alteration shall be permitted until the landowner for the
development or site alteration has provided the necessary documentation to the
MNRF.
2. Section 2.3.3.4 is modified by adding "vulnerability scores" for each well head
protection area (WHPA) listed in subsections a) , b) and c) and information about
vulnerability scores as follows:
a) WHPA-A: 100 metre radius surrounding the well — vulnerability score 10
b) WHPA-B: 2 year travel time for water to enter the well —vulnerability score 8
c) WHPA-C: 5 year travel time for water to enter the well — vulnerability score 6
or less
The "vulnerability score" listed above for each WHPA illustrated on Schedule E to
this plan identifies the degree to which a WHPA in the Municipality is vulnerable
to contamination. The vulnerability score of a WHPA can range from 2 to 10,
with 10 being the most vulnerable. The vulnerability score is used, together with
a table of drinking water threats, published by the Ministry of the Environment
Conservation and Parks, to determine whether a drinking water threat is either
significant, moderate or low.
3. Section 6.1.11.2 is modified by adding the following:
The Elgin County Shoreline Management Plan (Baird 2015) can be used as a
reference for assessing shoreline erosion.
4. Section 8.5.1.2. is modified by adding the following to the list of background
studies:
• Land use justification report
• Agricultural impact assessment
• Archaeological assessment
5. Schedule Amendments is modified by adding the following preamble:
The Municipality is relocating an industrial designation of lands in the Bayham
Industrial Park from Highway #3 onto Pressey Road, north and west of the
subject site location. The purpose of this exchange of lands is to allow for
improved municipal road access instead of limited Provincial Highway access.
The exchange of lands results in no net change in the area of industrial lands
consistent with the Provincial Policy Statement 2014.
6. Technical Amendments are modified as follows:
References to the Ministry of the Environment and Climate Change are deleted
and replaced with Ministry of the Environment Conservation and Parks.
References to the Local Planning Appeals Tribunal are deleted and replaced with
the Local Planning Appeal Tribunal.
Dated at the County of Elgin this 2/31( day ofd "1_I_ , - // , 2019
/d.i/G 14,,g
Manager of Planning
County of Elgin
AMENDMENT NUMBER 23
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Municipality of Bayham
General Amendment
(5-Year Review)
The following text and map schedule
constitute Amendment Number 23 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. 23 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 is adopted by the Council of the Corporation of the Municipality of Bayham by
By-law No. 2018-073, in accordance with Section 26 of the PLANNING ACT, on the 21st day of
June 2018.
MAYOR CLERK
BY-LAW NO. 2018-073
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. 23 to the Official Plan of the Municipality of Bayham as set out in
the text and map schedules attached hereto 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. 23 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 21st day of June 2018.
MAYOR CLERK
CERTIFIED that the above is a true copy of By-law No. 2018-073 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. 23
1. PURPOSE
The purpose of the Official Plan Amendment No. 23 is to implement the
recommendations of the Five-Year Review of the Bayham Official Plan. Section 26 of
the Planning Act requires that the Official Plan be reviewed every five years. The
amendments to the Official Plan are intended to keep the Official Plan current with
respect to Provincial and upper-tier (County of Elgin) policy requirements and matters of
Provincial interest as well as to address community issues identified throughout the
review process.
2. LOCATION OF THE AMENDMENT
The proposed amendment is applicable Municipality-wide.
3. BASIS OF THE AMENDMENT
The Five-Year Review of the Official Plan of the Municipality of Bayham began with
Council direction to initiate a Five-Year Review in accordance with the requirements of
Section 26 of the Planning Act. The background information was provided through
memorandum by the planning consultant, IBI Group, dated October 13, 2016. A Public
Open House was held on March 23, 2017 to present information and receive feedback
on potential land use planning changes and to identify other issues that should be
included in the review. Based on Council, Staff and Public input and research on
Provincial and upper-tier (County of Elgin) policy changes a background report was
prepared and presented to Council on November 16, 2017 and draft amendments were
prepared and presented to Council on March 1, 2018. The public meeting to consider
the amendments was held on June 21, 2018.
4. DETAILS OF THE AMENDMENTS
Included below are the nineteen (19) text amendments, two (2) map schedule amendments and
eleven (11) technical amendments identified through the Five-Year Review process.
Text Amendments
1. Section 2.1 is hereby amended by adding the following new section:
2.1.11 Large Scale Supplementary Farm Dwellings
Supplementary farm dwellings that exceed the approval criteria in Section 2.1.10 may be
permitted for temporary accommodation of seasonal farm labour through temporary dwellings,
or permanent dwellings subject to the following policies:
1. The owner shall apply for an Official Plan and Zoning By-law amendment to permit the
farm dwellings subject to the following criteria:
a. Consideration of all criteria and policies for supplementary farm dwellings
permitted by a minor variance;
b. Demonstration that alternative locations for the accommodation in existing farm
dwellings on lots in the same farm operation, in temporary accommodation, in
settlement areas and other similar accommodation are not feasible and not
appropriate for the intended accommodation;
c. Identification of the potential off-site impacts related to noise, lighting, traffic,
maintenance and operation of the site on the surrounding community and the
identification of appropriate mitigation measures; and
d. A location in the Municipality where the site and building design shall provide
appropriate accommodation for the health and safety of seasonal farm labourers.
2. Large scale supplementary farm dwellings shall be for the temporary accommodation of
seasonal farm labour. The accommodation shall be located in proximity to the farm
building cluster. The site and buildings shall be subject to agreements with the
Municipality for the maintenance, buffering, removal of structures and improvement and
limitations on the period of seasonal occupancy. The Municipality may enact licensing
by-laws to ensure the health and safety of the occupants.
2. Section 2.1 is hereby amended by adding the following new section:
2.1.12 Second Dwelling Units Agriculture
Second dwelling units may be permitted in the Agriculture Resource designation where a
single detached dwelling is permitted. The second dwelling unit shall fulfill all the criteria
for Second Dwellings Units set out in Section 4.7.1. The second dwelling occupied in
the Agriculture Resource designation shall not be used for seasonal farm labour as
intended in the supplementary farm dwellings policies Section 2.1.10.
3. Section 2.1.5 is hereby amended by deleting the following text:
2.1.5 Agri-Tourism Operations
The Municipality supports on-farm diversification through the establishment of
agri-tourism operations. Such operations are defined as agricultural, horticultural
or agri-business operations used for the purpose of enjoyment, education or
active involvement in the activities of the farm where the principle activity on the
property remains as farming and where products used in the activity are
produced on the property or related to farming. Such activities may include: farm
tours; processing demonstrations; pick-your-own-produce; a hay or corn maze;
petting zoo; hay rides and sleigh, buggy or carriage rides; and a farm theme
playground for children.
And by replacing it with the following text:
2.1.5 On-Farm Diversified Uses
2.1.5.1 The Municipality supports on-farm diversified uses through the establishment of agri-
tourism, farm related home occupations, farm related home industries and uses that
produce value added agricultural products. These operations include agriculture,
horticultural or agri-business operations for the purpose of recreation, education,
research and training or active involvement in farm activities, where the principle use
on the property remains farming and where products used in the activity are produced
on the property or related to farming. Such activities may include: farm tours;
processing demonstrations; pick-your-own-produce; a hay or corn maze; petting zoo;
hay rides and sleigh, buggy or carriage rides; a farm theme playground for children;
wineries or research activities.
And by adding the following subsection:
f) Small scale overnight guest accommodation such as, farm vacation home,
bed and breakfast or other temporary shelters to a maximum of six rooms may
be permitted as temporary accommodation of guests accessory to permitted
on-farm diversified uses.
4. Section 2.2.3 is hereby amended by adding the following new subsection:
2.2.3.6 A - - .- . -- "' - . ' - - - - - --- - _ - - - . --
evaluation of the existence and\or impact of any Species at Risk. The Municipality shall
- - -- • - - ' _ _ _ .. -- - " -- - - -- - . ' -
or site alteration provides the nece.sary documentation and mitigation measures to
protect the identified Spccics at Risk.
Part 4— Section 2.2.3 is modified by deleting subsection 2.2.3.6 in its entirety and
replacing it with the following:
Where development or site alteration is proposed in any of the Natural Heritage
Features and Areas identified in this Plan or on adjacent lands, the landowner
shall request Species at Risk (SAR) information from the Ministry of Natural
Modification #1 Resources and Forestry (MNRF) - Aylmer District, prior to beginning site
alteration and/or conducting SAR surveys. Once information has been provided,
MNRF will review available SAR data to determine if SAR species are known or
likely to occur on the property. If SAR species are known to occur the landowner
may be required to engage a qualified biologist to determine if the proposed
development may contravene the Endangered Species Act (ESA). Project
screening through an Information Gathering Form (IGF) would be needed to
initiate a project screening request after which MNRF would provide a response
indicating that contravention under the ESA is not likely to occur or
contravention under the ESA is likely to occur with recommended options for
seeking approval. No development or site alteration shall be permitted until the
landowner for the development or site alteration has provided the necessary
documentation to the MNRF.
5. Section 2.3 is hereby amended by deleting the following text:
2.3.2 Implementation
2.3.2.1 The Municipality may utilize any of the following planning tools to protect,
improve, or restore the water resources of the municipality:
a) conditions of consent and subdivision approval and
consequent agreements;
b) provisions related to site plan control; and,
c) standards, definitions and regulations in the Municipality's
Zoning By-law.
2.3.3 Development Applications
2.3.3.1 Council shall circulate all development plans to the Long Point Region
Conservation Authority, for their review and comments related to any
potential impact on designated surface water features or ground water
features.
2.3.3.2 Development or site alteration will not be permitted in designated
vulnerable areas.
2.3.3.3 Development or site alteration will not be permitted on or adjacent to
designated surface water features or ground water features where it will
negatively impact the hydrological functions of the features.
And by replacing it with the following text:
2.3.2 Ground and Surface Water Protection
2.3.2.1 Ground and surface water sources occur throughout the Municipality. Groundwater
sources need to be protected to promote public health and as an essential resource for
settlement area and rural water supplies, agricultural production and the maintenance
of natural heritage features.
2.3.2.2 The Municipality shall encourage agricultural practices that protect water resources.
2.3.2.3 The Municipality shall ensure that land use planning contributes to the protection,
maintenance, and enhancement of water and related resources and aquatic systems
on an integrated watershed management basis.
2.3.2.4 The Municipality shall protect surface and groundwater quality through the use of
regulatory and voluntary means of prohibiting, restricting, or influencing land uses and
activities within vulnerable areas.
6. Section 2.3 is hereby amended by adding the following new section:
2.3.3 Sourcewater Protection Implementation
2.3.3.1 The policies of this Plan implement and complement the policies of the Source
Protection Plans that apply within the Municipality. The Long Point Region Source
Protection Plan contains the policies for the protection of municipal drinking water
sources within the Municipality.
2.3.3.2 The identified vulnerable areas within Bayham include the Wellhead Protection Area
(WHPA) surrounding the Richmond wellhead. This WHPA is identified on Schedule `E'
Richmond: Water Resources of this Plan. A WHPA is the area around a municipal
wellhead where land use activities have the potential to affect the quality and quantity
of water that flows into the well.
2.3.3.3 The WHPA identified on Schedule 'E' is a special protection area where certain land
uses involving a significant drinking water threat activity may be prohibited or regulated
in accordance with Section 57 or 58 of the Clean Water Act, 2006, and the Long Point
Region Source Protection Plan, notwithstanding the uses permitted by the underlying
land use designation.
2.3.3.4 The following policies are intended to prohibit or restrict significant drinking water
threats from establishing within the WHPA in accordance with the Long Point Region
Source Protection Plan to ensure that permitted uses can be established with an
acceptable level of risk to groundwater quality and shall apply to the time related
capture zones identified in Schedule E to this Plan, including:
Section 2.3.3.4 is modified by adding "vulnerability scores" for each well head
protection area (WHPA) listed in subsections a) b) and c) and information about
vulnerability scores as follows:
a) WHPA-A: 100 metre radius surrounding the well —vulnerability score 10
Modification #2 b) WHPA-B: 2 year travel time for water to enter the well —vulnerability score 8
c) WHPA-C: 5 year travel time for water to enter the well —vulnerability score 6 or
less
The "vulnerability score" listed above for each WHPA illustrated on Schedule E to
this plan identifies the degree to which a WHPA in the Municipality is vulnerable to
contamination. The vulnerability score of a WHPA can range from 2 to 10, with 10
being the most vulnerable. The vulnerability score is used, together with a table
of drinking water threats, published by the Ministry of the Environment
Conservation and Parks, to determine whether a drinking water threat is either,
significant, moderate or low.
2.3.3.5 Land use activities which may pose a drinking water threat to municipal water supplies
include the following:
a) The establishment, operation or maintenance of a system that collects, stores,
transmits, treats or disposes of sewage.
b) The application, storage and management of agricultural source material to land.
c) The application handling and storage of commercial fertilizer to land.
d) The application, handling and storage of pesticide to land.
e) The application, storage and management of road salt.
f) The use of land as livestock grazing or pasturing land, an outdoor confinement
area or farm-animal yard.
g) An activity that takes water from an aquifer or surface water body without
returning the water to the same aquifer or surface water body.
h) An activity that reduces the recharge of an aquifer.
2.3.3.6 The Municipal Risk Management Official shall determine whether a new land use or
activity is, or involves, a significant drinking water threat and whether the use or activity
is prohibited, or regulated through a Risk Management Plan in accordance with Long
Point Region Source Protection Plan or a Prescribed Instrument. Therefore,
notwithstanding the land uses permitted by the underlying land use designation in this
Plan, permitted land uses that involve a significant drinking water threat within a WHPA
identified in Schedule `E' to this Plan may be either prohibited or regulated by the Long
Point Region Source Protection Plan.
2.3.3.7 An application for development, redevelopment, or site alteration for any land use,
except solely residential uses, within a WHPA that may involve a significant drinking
water threat shall only be deemed complete under the Planning Act if the Risk
Management Official has issued a Section 59 Notice in accordance with the Clean
Water Act, 2006. The Risk Management Official may provide guidance to assist the
Municipality in screening applications for development, redevelopment or site
alteration.
7. Section 4.2 is hereby amended by adding the following new section:
4.2.5 Community Design
The Municipality shall encourage development and redevelopment of lands, buildings, streets,
and public spaces applying community design excellence, contributing to the quality of place for
Bayham's residents. The following policies relate to the physical design of communities,
including plans of subdivision, infill development proposals, and site plans. Through the
development review process for all planning applications the Municipality shall:
a) Ensure that new development is designed in keeping with the traditional character of
Settlement Areas, in a manner that preserves the traditional image and enhances the
sense of place in the Municipality;
b) Promote efficient and cost-effective development buildings, landscapes and circulation
design patterns that minimize land consumption;
c) Promote the improvement of the physical character, appearance and safety of
streetscapes, public spaces, and parks;
d) Encourage tree retention and\or tree replacement on private and public lands;
e) Encourage design that considers and integrates existing and traditional street patterns
and neighbourhood structure;
f) Encourage a high quality of architecture and site design for institutional uses such as
schools, places of worship, libraries and other public service buildings;
g) Encourage streetscaping that reflects the intended land use character of Settlement
Areas and the specific land use designation;
h) Encourage high quality of park and open space design. Land for parkland dedication
shall be selected to facilitate its use as a central focal point for new or existing
neighbourhoods;
i) Encourage the provision of pedestrian, cycling and trail linkages through the
development approvals process; and
j) Encourage, at the Municipality's discretion, design guidelines with development
applications, establishing how the policies of this Section have been considered and
addressed. These guidelines shall be prepared by the applicant to address physical
features including streetscaping, landscaping, setbacks, signage, garage placement,
architectural treatment and related design matters.
8. Section 4.5.7 is hereby amended by adding the following new subsection:
4.5.7.3 Council will encourage public service facilities to be co-located in the community hubs
of the Villages of Port Burwell, Straffordville and Vienna to promote cost-effectiveness,
facilitate service integration and access to active transportation.
9. Section 4 is hereby amended by adding the following new section:
4.7 SECOND DWELLING UNITS
4.7.1 Second Dwelling Units
Up to one (1) second residential dwelling, being a self-contained unit, with kitchen and bathroom
facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single
detached dwelling, semi-detached dwelling, or street row houses. Second units may include
second suites, basement apartments, or accessory apartments. The second unit shall be
located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the
following criteria:
a) The exterior building or site changes to permit the second dwelling shall generally be
less than 10% floor area increase, maintaining the general form and architectural
character of the building. Additional on-site parking shall be required.
b) Existing private and\or municipal sewage and water services shall be available to service
the second dwelling unit, to the satisfaction of the Municipality and the Elgin St. Thomas
Public Health as required.
c) The second dwelling shall be incidental to the primary permitted residential use, is
located within the primary residential building or an ancillary structure, where the gross
floor area of the second dwelling is not greater than 40% of the combined total gross
floor area of both the primary and second dwelling units.
10. Section 5.1.2 is hereby amended by adding the following new subsection:
5.1.2.4 The Municipality may provide stormwater management infrastructure in the Village of
Port Burwell in a manner that is viable, complies with all regulatory requirements and
protects human health and the natural environment. Council shall encourage
development which incorporates best management practices, including stormwater
attenuation and re-use, and low impact development.
11. Section 5.1.4 is hereby amended by deleting the following text:
5.1.4.1 The hamlets of Corinth, North Hall, Richmond, Calton, and portions of Eden are
serviced by individual on-site sewage services and individual on-site water
services. Any growth in these areas will be limited to infill development of a size
and scale that complies with the requirements of the Zoning By-law and does not
threaten the environment, human health and safety.
And replacing it with the following text:
5.1.4.1 The hamlets of Corinth, North Hall, Calton, and portions of Eden and Richmond are
serviced by individual on-site sewage services and individual on-site water services.
Any growth in these areas will be limited to infill development of a size and scale that
complies with the requirements of the Zoning By-law and does not threaten the
environment, human health and safety.
12. Section 5.1 is hereby amended by adding the following new section:
5.1.5 Partial Services (Water Only)
5.1.5.1 Portions of the Hamlet of Richmond have municipal water services and individual on-
site sewage services (septic).
5.1.5.2 The Municipality will endeavour to extend municipal water services to partially serviced
areas to allow for future multi-unit development and intensification opportunities. Such
expansion will be done in a manner that is consistent with Section 5.1.2.3 of the Plan.
However, nothing in this Plan shall be construed as a public commitment to extend
municipal water services during the time framework of this Plan.
13. Section 6.1 is hereby amended by adding the following new section:
6.1.11 Public Road Access
6.1.11.1 The Municipality is subject to significant shoreline erosion hazards and continues to
lose tableland through this process along Lake Erie. Where existing opened
municipal roads are in proximity to the shoreline, there is potential loss of public
access when the road becomes unsafe for public use. This loss of access may
remove access to private lands. The following policies provide an approach to
address access to these private lands and to maintain public safety.
6.1.11.2 The Municipal Engineer shall monitor and assess the Lake Erie Shoreline erosion risk
where the distance from the top of bank to the public right of way is 50 m or less.
Where the assessment determines that the public road or public infrastructure in
proximity to the top of bank is at risk of further erosion to a distance of 25 m or less,
Modification#3 the Municipality shall close the road to public access to ensure safety and make any
public infrastructure safe for public use. Council is under no obligation to address
loss of public road access to private lands created by natural erosion processes along
the Lake Erie Shoreline. The Elgin County Shoreline Management Plan (Baird
2015) can be used as a reference for assessing shoreline erosion.
6.1.11.3 Where the road is closed to public access the Municipality may undertake an
assessment of the land owners affected by the road closure to determine the impact
of the loss of the road for private access and the need to provide emergency
services. The assessment shall include the number of properties affected and their
assets; alternative methods of providing private access; the cost efficiency of the
access; the desirability of replacing a public access and related land use planning
matters.
6.1.11.4 Where Council deems it necessary to maintain public road access for public health
and safety, Council may consider a wide range of methods to obtain and secure long
term emergency access for these private lands.
6.1.11.5 Council shall notify the land owners affected by the closing of the public right of way
and inform them of any assessments or report directed by Council, regarding the
closing of road allowances or the creation of alternative access to their lands.
14. Section 6 is hereby amended by adding the following new section:
6.3 Climate Change
The Municipality recognizes the potential impacts of climate change on the built and natural
environment. Through the following policies, the Municipality and the residents of Bayham will
aim to conserve energy, reduce greenhouse gas (GHG) emissions, adapt to environmental
changes and encourage the development of renewable energy sources.
6.3.1 Council may prepare and adopt a Municipal Energy Plan setting out targets to conserve
energy and reduce overall energy consumption in the Municipality. Where new
development or redevelopment is proposed, the Municipality will encourage the owners
to use energy conservation measures in the orientation, design, construction and
maintenance of the buildings or property.
6.3.2 Council may prepare and adopt a Local Action Plan setting out targets to reduce GHG
emissions in the Municipality. This Plan will provide direction for the development or
redevelopment of land or buildings to reduce the amount of GHG emissions. It is a
policy of this Plan to consider actions related to buildings, outdoor areas and public and
private transportation to support the achievement of GHG emission reduction targets.
6.3.3 Council will consider the increased risk associated with climate change related to
intensity and volume of rainfall, increased intensity of weather events, fluctuation in
temperature, and related weather changes when approving development applications or
site alterations. Public works and infrastructure will be designed and built or rebuilt to
adapt to the changing climate.
6.3.4 Council will encourage energy production technologies and form as set out in Section
5.3 Energy as an approach to reduce the GHG emissions in the Municipality.
15. Section 7.1 is hereby amended by adding the following new section:
7.1.5 Brownfields Redevelopment
7.1.5.1 Brownfields Objectives
a) To improve the conditions of former contaminated industrial and commercial sites in the
Municipality's hamlets and villages.
b) To encourage the redevelopment of existing or vacant industrial and commercial lands
to residential or commercial developments.
c) To improve the overall attractiveness of industrial and commercial areas in terms of
aesthetics and public amenities
d) To prepare and implement design schemes and marketing of former industrial and
commercial lands in the municipality.
7.1.5.2 Brownfields Criteria
a) Areas of industrial or former industrial uses or commercial or former commercial uses in
need of rehabilitation.
b) A need for improvement to or extension of municipal services including water mains,
sanitary sewers, storm drains, sidewalks, cycling lanes, curbs and gutters and related
public infrastructure.
c) A need for aesthetic improvements or beautification which may enhance the viability of
the industries or commercial businesses in the area.
7.1.5.3 Brownfields Policies
a) Council may by by-law adopt incentives for the redevelopment of brownfields sites.
b) Incentives may include tax incentives, reduced development fees or other provisions in
accordance with the Municipal Act.
16. Section 8.5.1 is hereby amended by deleting the following text:
8.5.1.1 The Municipality encourages persons to consult with the Municipality prior to
making an application to amend the Official Plan and/or Zoning By-law, and may
by passing of a by-law make pre-application consultation mandatory.
And replacing it with the following:
8.5.1.1 The Municipality may by by-law require a Pre-application Consultation meeting with an
applicant prior to the submission of a complete land use planning application. The
applications shall include any privately initiated planning application as provided for
through the Planning Act. The purpose of the meeting is to identify the complete
application requirements related to reports or background studies for land use planning
matters to be addressed or considered through the land use planning application
review process.
17. Section 8.5.1 is hereby amended by deleting the following text:
8.5.1.2 Any person who wishes to amend the Official Plan or Zoning By-law must submit
a complete application to the Municipality of Bayham. A complete application
shall include any reports or studies deemed appropriate by the Municipality to
address the Provincial Policy Statement 2005, the policies of the Official Plan,
and the regulations of the Zoning By-law. Such studies or reports may include
matters relating to agriculture, natural heritage, water, or other resources
identified in the Plan; transportation, servicing and infrastructure; cultural
heritage and archaeological resources; hazardous lands; or other land use
planning matters identified in the Plan.
And by replacing it with the following text:
8.5.1.2 The Municipality may require reports and background studies needed to make timely
and informed decisions on all land use planning matters in accordance with the
requirements of the Planning Act. Background studies may include but are not limited
to:
• Land use planning and design;
• Environmental and natural heritage;
Modification#4 •
Natural hazards;
• Transportation;
• Municipal servicing and infrastructure;
• Cultural heritage; and,
• Other land use planning matters arising through the pre application consultation
that are of public health and safety interest.
• Land use justification report
• Agricultural impact assessment
• Archaeological assessment
These studies will address how the land use planning application fulfills the
requirements of the Provincial Policy Statement 2014 and its updates and revisions;
the County of Elgin Official Plan; the Bayham Official Plan; the policies and regulations
of any public agency or body having an interest in the application.
18. Section 4.5.8.7 is hereby amended by deleting the following text:
4.5.8.7 In order to acquire and develop parks and open space areas, the Municipality
shall require a dedication of five percent, or cash-in-lieu, of the lands being
subdivided for residential purposes and for commercial and industrial purposes,
two percent in accordance with the Planning Act. The monies received from cash
in lieu payments may be used to purchase park and open space areas elsewhere
in the Municipality or, for any other public recreational purpose.
And Section 8 is amended by adding the following new section:
8.18 Parkland Dedication
In order to acquire and develop parks and open space areas, the Municipality shall require
parkland dedication or cash-in-lieu of parkland dedication in accordance with the following
polices:
8.18.1 A dedication of five percent of the gross area of land proposed for development or
redevelopment and/or a dedication rate of one hectare per 300 units or the equivalent
cash-in-lieu, of the gross area of lands being developed for residential purposes.
8.18.2 A dedication of two percent of the gross area of land proposed for development or
redevelopment or the equivalent cash-in-lieu, of the gross area of lands being developed
for commercial and industrial purposes.
8.18.3 Where land in a draft plan of subdivision or development or redevelopment is to be used
for any use other than residential, industrial or commercial purposes, Council may
require conveyance of land for park purposes or equivalent cash-in-lieu at a rate of five
percent (5%) of the gross area of the land proposed for development.
8.18.4 The monies received from cash in lieu payments may be used to purchase park and
open space areas elsewhere in the Municipality or, for any other public recreational
purpose.
8.18.5 The Municipality may accept cash-in-lieu of the land dedication to be paid into a special
account and used as specified in the Planning Act. Council will consider cash-in-lieu of
parkland dedication under the following circumstances:
a) where the required land dedication fails to provide an area of suitable shape, size or
location for development as public parkland;
b) where the required dedication of land would render the remainder of the site
unsuitable or impractical for development; and/or,
c) where it is preferable to have consolidated parkland of a substantial size servicing a
wide area.
8.18.6 Where new development or redevelopment is proposed on a site, part of which has
physical limitations or hazards, then such land shall not necessarily be acceptable as
part of the land dedication under the Planning Act. All land dedicated to the Municipality
shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet
minimum standards in terms of drainage, grading and general condition.
19. Section 8 is hereby amended by adding the following new section:
8.19 Cash-in-lieu of Parking
In order to acquire and develop public parking areas, the Municipality may accept cash-in-lieu of
the provision of on-site parking into a special account and used as specified in the Planning Act.
The monies received from cash-in-lieu payments shall be used to purchase public parking
elsewhere in the Municipality or for any other public parking purpose. Council may consider
acceptance of cash-in-lieu of vehicular parking under any one of the following circumstances:
a) Where the required provision of on-site parking is restricted or limited due to the
available lot area, the shape, physical limitations of the land or the location of parking for
the intended use;
b) Where the required provision of on-site parking would render the remainder of the site
unsuitable or impractical for development; and
c) Where it is preferable and in the public interest to have consolidated publically
accessible parking located elsewhere in the Municipality.
Schedule Amendments
Preamble
The Municipality is relocating an industrial designation of lands in the Bayham
Industrial Park from Highway #3 onto Pressey Road, north and west of the subject
Modification #5 site location. The purpose of this exchange of lands is to allow for improved
municipal road access instead of limited Provincial Highway access. The
exchange of lands results in no net change in the area of industrial lands
consistent with the Provincial Policy Statement 2014.
1. a) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing from
"Industrial" those lands outlined and marked as changed to "Agriculture" on the attached
Schedule "Al", being lands in Part Lot 20, Concession 11, which shall constitute part of
this amendment.
b) The lands subject to this amendment and designated "Agriculture" may be used,
developed and zoned in accordance with the "Agriculture" designation policies of Section
2.1 of the Official Plan, as amended.
c) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing from
"Agriculture" those lands outlined and marked as changed to "Industrial" on the attached
Schedule "Al", being a portion of lands in Part Lot 18, Concession 11 of the same area
as the lands being changed to "Agriculture" noted in a) above, which shall constitute part
of this amendment.
d) The lands subject to this amendment and designated "Industrial" may be used,
developed and zoned in accordance with the "Industrial" designation policies of Section
3.1.9 of the Official Plan, as amended.
OFFICIAL PLAN
OF THE
MUNICIPALITY of BAYHAM
From"Agriculture"
to"Industrial"
T pXFORO
From"Industrial" SCHEDULE 'Al'
oFs Ewao, ,r( Olio
ll
! to'Agriculture" MUNICIPALITY OF BAYHAM:
.
LAND USE
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I„, I _� y(`; t tr tots Imo /Ii.,�
nE. r`NE \ _ i ,I �r'' 70X0 I�T"E Resource Uses
it'7 r �I ���.� / ��fO•r I /t _ ,r� l Agriculture
1 ♦�/"�,�';wE Natural Heritage
.'1 V -N t7 .. Mineral Aggregate
` 41" xu_tx�I tat f ( ..., ' 1 Resource Area
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' I ; 1ea A •I F 1aa:t]6 1
I ,• b A ?i .`12214I.e!. �:,tn xe l/�1 t„ .! //ffi Non Resource Uses/
47 eS.* , „ ,._.,.
se Soecific Land Use Policies
•
J Ij - _ Sea F MD Estate Residential
�''i
L6fF4 1.n Schedule B r73! Mobile Home Parks
p -- I ` ,• y scull•p��1' Seasonal Travel Trailer
i ��`7 t f���� ��� �� and Campgrounds
f Institutional
p g e e•♦ r401,...0..,4'`/I-pe, /,-.,
a 71-9 • Commercial lHi Highway Commercial
j`' o• �► • 0 9 Y
�r(/ 1 ._ ,4�fi�/��� d /®e Gj,%44�r s//,� �� Recreational
Z �//�. • a/"f� �I �� �� 4��� ��% /��f�� ® Industrial
p ��y'e - � ,�f-i �, -0,/..-- ,4:1•,4 `�iy%��� f-1 Conservation Lands
/ 4; ♦, �!/t- 0�1/4s, - t 7/ I..::+ ] Specific
olic and
Ar Quarries
�r��� � ♦ �.- r 144114111110y":00/40,040:10,444/g� / t�/ �, L Specific Policy Areas
' JprfoWIN/• ��"%/4I f 0:1 4 �� Hamlets
•ti* tii
00 I, -f; 4.•'1 v \ 1, Local Roads
pp.,�p-,-1,0
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xat I ) Watercourse/Shoreline
" �00 ,ti P 'Arco if 1
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Nenrw cN 1tt � : I O
f'•'0' r ► 0:0041,014,01� •..♦l
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:4y -, t:"IJ,,/,, •. �4. j#74/4��
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y Lake Erie `�, w K
1 s
0 1 2 4
Kilometres
us
1:75,000
c Schedule Al' 'forms part of Official Plan
of the Municipality of Bayham and must
9 be read In conjunction with the written text.
June 2018
2. The Official Plan of the Municipality of Bayham is hereby amended by adding the
following Schedule `E' Richmond: Water Resources:
OFFICIAL PLAN
OF THE
MUNICIPALITY of BAYHAM
SCHEDULE 'E'
RICHMOND:
� WATER RESOURCES
.
di' N(eithead Protection
�f Esq AlflaS
,, ,,,lo,411 ,,-' Nklihead Prote¢Uon Area-A
w N:., ® NkUhead Protection Area-B
. Nklihead Profeceon Area-C
otoNtlikfiel al 41)11.-^..a.1,.„
- Richmond
Base Futures
3 RS — County Roads
Local Roads
a Municipal Boundary
L 0
C Q
e i
N
,x+I.;
C
N
C
S
0 75 150 300
Metres
16,600
SCMduN'!'forms part of Onklal plan
° of aro Munktpaup of Bayham andi ,
moot
awritten n.road In non ndian Wt um foal.
4
Technical Amendments
1. The Municipality of Bayham Official Plan is hereby amended by changing the entire
document from 10 font size to 11 font size.
2. Section 3.1.1.2 is hereby amended by replacing the following:
• Replacing `located' with `locating'
3. Section 3.3.1 is hereby amended by revising the number of occupied existing non-farm
residential dwellings:
• Replacing 'ten (10)' with `nineteen (19)'
4. Section 4.4.1.4 is hereby amended by revising the following:
• Replacing `communal well' with `public well', in the table for the Hamlet of Richmond
5. The following sections are hereby amended by revising reference from: `Provincial Policy
Statement 2005' to `Provincial Policy Statement 2014'; or by adding `2014' to Provincial
Policy Statement:
• Section 1.1 — replacing `2005' with `2014', paragraph 4
• Section 1.3
o Adding `2014', paragraph 1
o Adding `2014', paragraph 3 (2 times)
o Changing `2005' to `2014', paragraph 4 (2 times)
• Section 2.1.7.1 — adding `2014'
• Section 2.2 — replacing `2005' with `2014'
• Section 2.3— adding `2014'
• Section 2.3.1.1 — adding `2014'
• Section 2.4— adding `2014'
• Section 2.6 — adding `2014'
• Section 3.1.3.3 — adding `2014'
• Section 3.2.1.5— adding `2014'
• Section 8.1 —adding `2014'
• Section 8.5.1.2 — replacing `2005' with `2014'
• Section 8.14.1.1 - adding `2014'
6. The following sections are hereby amended by revising reference to Provincial Ministry and
Agency names:
• Sections - 2.1.3.2, 2.1.5.1 e), 3.1.5.1.1 a), 3.1.7.3, 3.1.8.3 d), 3.1.9.3 e), 3.3.3 a),
4.2.1.3, 4.5.6.4, 4.5.6.6,4.6.1.1 d) (x2), 4.6.2.1 b) (x2), 5.3.4.2 a), 7.1.4.1 j), 8.10.2.1
a)/b)/c)/d):
Modification #6 o Replacing 'Ministry of the Environment' with `Ministry of the Environment and
Climate Changs' Conservation and Parks
• Sections — 1.3, 2.2.1.3, 2.2.3.2 a), 2.2.3.4, 2.3.1.5, 2.4, 2.4.2.2, 3.3.3 g), 6.1.7.4 c),
6.1.8.2 b), 6.1.8.4 (x2), 6.1.9 b), 6.1.10.1 a), 6.2.2.6, 8.2.1.2:
o Replacing 'Ministry of Natural Resources' with `Ministry of Natural Resources
and Forestry'
• Section 2.6 - replacing `Ministry of Culture' and with 'Ministry of Tourism, Culture and
Sport'
• Section 3.3.3 c) - replacing `Ministry of Tourism and Culture' with 'Ministry of
Tourism, Culture and Sport'
• Sections - 8.5.1.4, 8.5.5.3, 8.7.2.6, 8.16.1.6 (2 times), 8.16.4.2
o Replacing 'Ontario Municipal Board' with `Local Planning Appeals Tribunal'
• Section 8.10.1.3
o Replacing 'Elgin-St. Thomas Health Unit' with 'Southwestern Public Health'
7. Section 1.1 is hereby amended by adding the following paragraph:
"A five year review of the Official Plan was initiated in 2017 in response to changing local
circumstances and development, and to address economic, environmental and social
change. The review also incorporates Provincial policy changes to the Planning Act,
Provincial Policy Statement 2014 and the County of Elgin Official Plan. The population
of the municipality in 2016 was 7396 according to Statistics Canada. The projected
population for the Municipality by the year 2038 is 9480 based on extrapolation of recent
growth rates. The policies and land use designations included in this Official Plan have
been prepared to guide development in the Municipality of Bayham for the ten-year
period between 2018 and 2028."
8. Section 3.1.9.1 —adding Part Lot '18' to Bayham Industrial Park lands
9. Section 4.5— replacing '2009-2029' with '2018-2038'
10. Section 7 — replacing `2009-2029' with '2018-2038'
11. Map Schedule "Al" Municipality of Bayham: Land Use is hereby amended for housekeeping
purposes by changing the following:
a) Schedule 'Al' Municipality of Bayham: Land Use is hereby amended by changing
from "Agriculture" those lands outlined and marked as changed to "Hamlet" on
the attached Schedule "Al", which shall constitute part of this amendment.
b) The lands subject to this amendment and designated "Hamlet" may be used,
developed and zoned in accordance with the "Hamlet" designation policies of
Section 4.4 of the Official Plan, as amended.
OFFICIAL PLAN
OF THE
MUNICIPALITY of BAYHAM
0
SCHEDULE 'Al'
From"Agriculture" of SouTHWEST oxFOR
to"Hamlet" TowNSHiP rr'��µOAO i MUNICIPALITY OF BAYHAM:
r' � LAND USE
L111111111ye' 4,k. 2°
LIIIIIIIM
rt
�. SF CII Pf)!IC ��i l e��, (-FO
PIO� TR NOf Qv GE6.th"
� � I^ - .. i I I �'G1,ISON''E'
j I ,� SPECIFIC PCLICV
�d . 1 I il rx 1i L // AREA NO..4
= n ,,,,��`_ �' �. � SIX 'r' - Tr .'
5 '._ • t o ~_
�J J ' I y i I �. 1 �I E�{EN NE
Li
A a-,..' T e 9 ,0� 11 11
kb i��M l h `�l fi���__.. a P .
l I I ` iB 19 p 93
ANT.law ( '� .. ,2• a• n s C
'• / 24,../x. � Resource Uses
N 5i I 1 �
•r � 1 r �'; I g Agriculture
•
I)/ ,1 I ' ' 0. I A. gL. ..`ter nu 1 Natural Heritage
I Ls 117 1 4 q r w o Mineral Aggregate
„ pu 1e �k' �I �- P' • I. %'r `- Resource Area
r
,,, ,
si !ir' I •{p t ,,,;. 1! ' 1 S! ( 2 Natural Gas Reservoir
MI ( ia2 29 "� I ,Non Resource Uses/
in
� ✓�s � "T INE Saecific Land Use Policies
or
I - \:\(k. ,�' see ' �.�- MD Estate Residential
o 'a I m� i � Schedule B f Mobile Home Parks
W !� -� Villa•eo 9
= Ft. i I I SIr o1 -', re • SSTR I Seasonal Travel Trailer
f, , and Campgrounds
• ;�lit• 1 Institutional
u- ��1 Qi V �.NIP7. �, I 3: ® Commercial/Highway Conmercial
O.'����
! 4IUiI
t.
41
Industrial'.�•k'cksl•'t.,• 'DConservationk _fILicenced PitsI S.y. ,' \1 ,,' L1 SpeaficPolicyAreas
Cetttan —.- i !,1'II • I ' ' f= Hamlets
r � / Base Features
s� .1' 1 12.,„
4" r
syai/ * - `y. I'E Provincial Highway 3
" (��'j (�" I17 l II IY - County Roads
/I.. ���� 1929 �` I Local Roads
lI It:!
,.�„< , j I , Railway
• .` a ■ ffir I Watercourse I Shoreline
See •
Sohadule C ��� �� .o E �.,"I C
i \ village of '.,d 1 I T-,
\ 1 Vienna cH u ,r i
Iii
l 7
. ..TINE I �r 2
2
a mi.-,_ it 1 l� '
t
IIp‘l----
a
y, Sea Schedule 4
i i
10F4
o Village of tj
p
N
i Lake Erie " E
0 S
" 0 1 2 4
2 Kilometres
e
u 1:75,000
g Schedule'Al'forms part of Official Plan
of the Municipality of Bayham and must
-, be read In conjunction with the written text.
June 2018