HomeMy WebLinkAboutApril 02, 2026 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, April 2, 2026 7:00 p.m. The April 2, 2026 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS
5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held March 19, 2026 B. Statutory Planning Meeting held March 19, 2026 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-03/26 by Steve Adams, Manager of Public Works | Drainage Superintendent re
Quotation Award – Supply of One (1) Roadside Tractor Mounted Disc Mower
Council Agenda April 2, 2026
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12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Elgincentives CIP – April 16, 2026 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-10/26 by Evan McKinstry, Junior Planner re Rezoning Application ZBA-03/26 Beach, 55695 Light Line, Vienna B. Report DS-11/26 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Conformity Review By-law No. 2026-019 Official Plan 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Perry re Canada Post Rates for Libraries
B. Elgin County re Council Highlights – March 24, 2026
C. Elgin County re County Committee of the Whole Minutes – March 10, 2026 D. Elgin County re County Council Meeting Minutes – March 10, 2026
13.1.2 Requiring Action
13.2 Reports to Council A. Report CAO-16/26 by Thomas Thayer, CAO re Extension to Site Plan Agreement –
Dwayne and Nancy Weber – 53680 Heritage Line, Richmond (Application 0O. SPA-12/25) 14. BY-LAWS A. By-law No. 2026-019 Being a by-law to provide for the adoption of the Official Plan for the Municipality of Bayham
B. By-law No. Z823-2026 Being a by-law to amend By-law No. Z456-2003 - Beach 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera
Council Agenda April 2, 2026
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17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2026-021 Being by-law to confirm all actions of Council 18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 19, 2026 7:00 p.m. The March 19, 2026 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT ABSENT: RAINEY WEISLER STAFF PRESENT: CAO THOMAS THAYER CLERK ALAN BUSHELL
TREASURER LORNE JAMES PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Thomas Thayer, CAO provided the following updates:
A reminder that the Municipal Office is closed on April 3rd and 6th to observe Easter. The North Shore Resilience project has some upcoming open houses to present
further information. They are in the afternoon and evening on: March 24 at Birds Canada in Port Rowan
March 25 at the Port Stanley Arena in Port Stanley March 26 at Rodney Community Centre in Rodney
More information is at northshoreresilience.ca
Council Minutes March 19, 2026
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5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held March 5, 2026
Moved by: Councillor Emerson Seconded by: Councillor Froese
THAT the minutes from the Regular Meeting of Council held March 5, 2026 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application, COA-03/26 Vendryes B. Notice of Public Meeting re Proposed Zoning By-Law Amendment, ZBA-03/26 Beach Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT items 12.1.1 A and B be received for information.
CARRIED
Council Minutes March 19, 2026
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12.1.2 Requiring Action
12.2 Reports to Council
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Ottawa re Proposed New Regulations under the Restricting Public Consumption of Illegal Substances Act B. Rideau Lakes Concerns re Alto High Speed Rail Project (Bill C-15 Budget) C. Township of Southgate re Support for Bill 21, Protect Our Food Act, 2025 D. Long Point Region Conservation Authority re Annual Report and Fiscal Statements E. Elgin County re Council Highlights dated March 10, 2026 F. Elgin County re Committee of the Whole and Council Minutes for February 24, 2026 Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT items 13.1.1 A – F be received for information.
CARRIED 13.1.2 Requiring Action
13.2 Reports to Council A. Report CL-03/26 by Alan Bushell, Clerk re 2026 Municipal Election Information
Moved by: Councillor Chilcott Seconded by: Councillor Emerson
THAT Report CL-03/26 re 2026 Municipal Election Information be received for information; AND THAT the appropriate by-law for restricted acts delegated authority be brought forward for Council’s consideration. CARRIED B. Report CAO-14/26 by Thomas Thayer, CAO re Extension to Site Plan Agreement – Phil
Mauer and Associates/M.G. Leasing Inc. – 56954 Eden Line, Eden (Application NO. SPA-03/23) Moved by: Councillor Chilcott Seconded by: Councillor Froese
Council Minutes March 19, 2026
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THAT Report CAO-14/26 re Extension to Site Plan Agreement – Phil Mauer and Associates/M.G. Leasing Inc. – 56954 Eden Line, Eden (Application No. SPA-03/23) be received for information. CARRIED
14. BY-LAWS A. By-law No. 2026-017 Being a by-law to delegate certain responsibilities through the restricted acts of council, known as “Lame Duck”, period for the 2026 municipal and school board election Moved by: Councillor Emerson Seconded by: Councillor Froese
THAT By-law No. 2026-017 be read a first, second, and third time and finally passed
CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2026-018 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT By-law No. 2026-018 be read a first, second, and third time and finally passed. CARRIED 18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 7:13 p.m. CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 19, 2026 7:30 p.m. A. Proposed Zoning By-law Amendment ZBA-03/26 Beach, 55695 Light Line The March 19, 2026 Public Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW COUNCILLORS TIMOTHY EMERSON
SUSAN CHILCOTT DAN FROESE ABSENT: RAINEY WEISLER STAFF PRESENT: CAO THOMAS THAYER CLERK ALAN BUSHELL PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: DANA & DREW BEACH
1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-law Amendment ZBA-03/26 Beach, 55695 Light Line THE PURPOSE of this By-law Amendment is to rezone the subject property from a ‘Agricultural 1 (A1)’ Zone to a ‘Site Specific Agricultural (A1-XX)’ Zone to permit a Dog Kennel. The subject property is known as 55695 Light Line, south side. THE EFFECT of this By-law is to permit the use of an existing barn on the subject lands to be used
for a dog kennel. .
2 5. PUBLIC PARTICIPATION
Deanna Beach, Owner, acknowledged correspondence regarding concerns including barking
have been submitted. To address concerns, she has already taken steps to address barking
behaviour. She addressed concern regarding ethics of breeding, as she believes they adhere
to the standards and are ethical breeders. General practices for their operation will include
conducting health tests, and actively socializing puppies to ensure they are good pets. The
kennel will provide activity outside of pens such as running, enrichment activities, and training
activities. Deanna expressed hope that through expansion they will provide employment
opportunities in the future.
6. CORRESPONDENCE
Evan McKinstry, Junior Planner, advised of and read verbatim written correspondence received from Laura Edwards with concerns about the use inclusive of the following topics: Noise; monitoring by by-law; inspection of kennel; breeding. Laura Edwards had the general position of not opposed but seeking appropriate regulation and oversight.
7. OTHER BUSINESS
8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-03/26 is now complete at 7:37 p.m. CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: April 2, 2026
REPORT: PS-03/26
SUBJECT: QUOTATION AWARD – SUPPLY OF ONE (1) ROADSIDE TRACTOR MOUNTED DISC MOWER BACKGROUND At its November 4, 2025 meeting, Council received Report TR-19/25 re 2026-2035 Capital Budget – Draft, and passed the following motion, in part: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report TR-19/25 re 2026-2035 Capital Budget - Draft be received for information; AND THAT Council approve in principle the 2026-2035 Capital Budget presented with the
following edits:
• Bring forward PR-09 to 2026 funded by the Parkland Reserve; The 2026-2035 Capital budget includes the following Item under the Public Works portfolio:
• Capital Item No. PW-18 Mower - $27,000, replacement of a 2009 Kuhn Roadside Mower Roadside mowing within the municipality forms part of the road maintenance responsibilities under
the Roads Maintenance Agreement (RMA) with the County of Elgin. Vegetation control along municipal roadsides is required to maintain sightlines, support drainage, and ensure overall roadway safety. Over the past ten years, this work has primarily been completed by external contractors retained by the Municipality to carry out the seasonal mowing program along municipal road allowances. In addition, Municipal staff may complete touch-up mowing throughout the year using the Municipality’s existing 2009 Kuhn roadside mower to address areas requiring additional vegetation control.
The current agreement with Elgin County outlines a level of service that includes two roadside cuttings per year: 3.6 metres in the spring, and 1.8 metres in the fall, both measured from the road edge.
During wet summer months, this level of service is generally not sufficient to address sightline and
drainage concerns. In such cases, staff would either bring the contractor back for additional work or use internal staff and equipment to complete the required maintenance.
DISCUSSION
Currently, roadside mowing is conducted using our 2006 John Deere tractor paired with a 2-metre
rotary disc Kuhn mower. Prior to 2010, this mower was purchased and operated in-house for over five years before the Municipality began using contracted services. Since that time, contracted mowing costs have nearly tripled, and, to maintain current RMA standards, the annual cost of
contracting now exceeds the purchase price of the mower.
With the in-house tractor, staff can efficiently perform multiple seasonal Public Works activities, including:
• Beach operations
• Roadside shoulder grading
• Long-arm brush cutting
• Roadside mowing
This integrated use allows the operator to remain on the same machine while completing these
tasks, maximizing efficiency.
Additionally, performing mowing in-house enables staff to prioritize cuts, such as ensuring major routes are mowed before events and long weekends, and to perform additional sightline cuts as
required. These activities can be covered within the operational budget, providing both cost savings and improved service for the community.
Staff have contacted multiple suppliers to identify the most efficient mower compatible with the
existing tractor, as well as with future fleet replacements. The following suppliers have provided quotations for a 2.8-metre rotary disc mower:
Supplier Equipment Description Quoted Price (excluding HST) Delta Power 2026 Case-IH MD93 Disc Mower 2.8m cutting width $25,900.00
Horsch Ontario Kuhn GMD 28 Disc Mower
2.8m cutting width.
$25,000.00
Premier Equipment 2026 John Deere R280 Disc Mower 2.8m cutting width. $23,845.00
Part of the process included reaching out to suppliers to confirm the availability of parts for the mower. All three suppliers indicated they can obtain required parts within 1–2 business days. Staff
also contacted an existing contractor, who purchased a John Deere unit in 2021 and confirmed that most parts are readily available at John Deere locations.
Historically, staff have completed a single-pass cut within approximately 80 hours. However, by utilizing our own tractor, we gain the added efficiency of trimming with a long arm mounted on the tractor at the same time, allowing for the removal of unwanted branches during mowing operations.
Given the end-of-life condition and high maintenance requirements of the existing mower, staff recommend the purchase of a 2026 John Deere R280 to replace the current 2009 Kuhn mower. The costs are noted above as $23,845 plus applicable HST. This would allow internal staff to carry out all necessary roadside mowing operations more efficiently and effectively.
STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community. Initiative(s): Not applicable RECOMMENDATION 1. THAT Report PS-03/26 re Quotation Award – Supply of One (1) Roadside Tractor Mounted Roadside Disc Mower be received for information;
2. AND THAT Council accepts the quote provided by Premier Equipment for the supply of one 2026 John Deere R280 Disc Mower with a 2.8-metre cutting width at a quoted price of
$23,845.00 + HST. Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| Chief Administrative Officer Drainage Superintendent
Notice of Public Meeting
Update to the Elgincentives CIP
What is a CIP:
A Community Improvement Plan (CIP) is an economic development tool used by municipalities in Ontario to guide strategic investment, development, and
revitalization initiatives that support the physical improvement of a municipality or areas within a municipality. The Elgincentives CIP was adopted in
2015, and after more than a decade of supporting community improvement across Elgin County, the County has undertaken a review and update of the Plan.
Public meetings will be held in the Township of Malahide, the Town of Aylmer, and the Municipality of Bayham to provide any person the opportunity to
submit formal written and/or verbal comments either in support or opposition regarding the proposed amendments before Council's review.
Meetings will take place for the respective municipalities at the locations listed below and will be livestreamed.
For more information on this matter, including guidance on how to make a submission, details on appeal rights, electronic participation, or if you need special
accommodations to review these materials, please reach out to the individuals listed below.
Public Meetings:
Why is an Update Needed:
The purpose of this update is to ensure the program continues to reflect current provincial policy direction, emerging economic development trends,
and evolving community priorities. This update builds upon the existing Elgincentives program by refining the structure of the document, updating incentive
programs, and introducing new initiatives to better support community improvement across the County.
Proposed Amendments:
A digital copy of the proposed amendments to the CIP can be viewed here: https://engageelgin.ca/elgincentives
For physical copies, please visit your local Municipal Office during regular office hours.
The Elgincentives Community Improvement Plan applies to all lands within the Township of Malahide, the Town of Aylmer, and the Municipality of Bayham.The
Public Meeting is being held pursuant to Sections 17 and 28 of the Planning Act, R.S.O. 1990, as amended.
Town of Aylmer:Township of Malahide Municipality of Bayham:
April 16th, 2026
Springfield & Area CommunityService Building 51221 Ron McNeil Line, Springfield
Link to Livestream:https://bit.ly/4uHRSqy
Date:
Time:
MeetingLocation:
7pm
Registration to attend virtuallyis required. Contact the Clerkby April 10th at noon toregister.
April 15th, 2026
Council Chambers 25 Centre Street, Aylmer
Link to Livestream:www.youtube.com/TownofAylmer
Date:
Time:
MeetingLocation:
7pm
Registration to attend virtually isrequired. Contact the Managerof Planning and Development byApril 15th at noon to register.
April 16th, 2026
Council Chambers Lower Level, 56169 HeritageLine, Straffordville
Link to Livestream:https://bit.ly/4uIPobe
Date:
Time:
MeetingLocation:
6pm
Contact:Allison Adams- Clerk
aadams@malahide.ca
519-773-5344, ext. 222
Township of Malahide
87 John Street South, Aylmer
Contact:Heather James- Manager of
Planning and Development
hjames@town.aylmer.on.ca
519-773-3164, ext. 4915
Town of Aylmer
46 Talbot Street West, Aylmer
Contact:Alan Bushell- Clerk
clerk@bayham.on.ca
519-866-5521
Municipality of Bayham
56169 Heritage Line, Straffordville
Registration to attend virtuallyis required. Contact the Clerkby April 16th at noon toregister.
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Evan McKinstry, Junior Planner
DATE: April 2, 2026
REPORT: DS-10/26 FILE NO. C-07 /D13.BEAC
Roll # 3401-000-002-07000 SUBJECT: Rezoning Application ZBA-03/26 Beach 55695 Light Line, Vienna
Draft Zoning By-law No. Z823-2026
BACKGROUND
A Zoning By-law Amendment application has been submitted on behalf of the owner, Deanna Beach,
for the lands municipally known as 55695 Light Line, Part Lots 16 & 17 Concession 3 North and Part
of Lot K, Plan 54. The lands are currently designated ‘Agriculture Area’ on Schedule ‘A1’: Land Use in
the Municipality of Bayham Official Plan. The lands are currently zoned ‘Agriculture 1 (A1)’ on Map
No.11 in Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from a ‘Agricultural 1 (A1)’
Zone to a ‘Site Specific Agricultural 1 (A1-56)’ Zone in order to permit a dog kennel. The effect of this
By-law is to permit the use of the land and existing structures therein to be used for a dog kennel.
The subject lands currently contain a single detached dwelling, and accessory structures and are used for agricultural purposes. The subject site is surrounded by a mix of existing agricultural and residential uses and is east of Vienna. The applicant wishes to use a combination of existing structures and one proposed new structure for a dog kennel. As required by the Municipality’s policies, the applicant must obtain a Zoning By-law Amendment to permit the use of the land for a kennel and apply for Site Plan Control for the buildings and structures proposed for the kennel. The applicant has applied for Site Plan Control, and a copy of that plan is attached to this report as Appendix 1.
A public meeting was held on March 19, 2026, with the property owners in attendance. One written submission was received by staff and presented at the meeting.
The full written submissions, received on March 17, 2026, are included in Appendix 2 of this Report. The correspondence outlines concerns in relation to noise (persistent barking). Few comments also seek clarification on whether annual inspections will be conducted and concerns about the potential
for overpopulation of dogs. The owner’s written response to the comments, dated March 20, 2026, is included as Appendix 3 of this report. The owner provided a detailed response addressing concerns related to noise, animal welfare, and breeding practices. The owner indicated that proactive measures are in place to minimize barking, including training, supervision, and keeping dogs indoors in the evening hours. The
Staff Report DS-10/26 Beach 2
owner emphasized their commitment to ethical breeding standards as a registered breeder with the Canadian Kennel Club, including thorough screening of prospective owners, lifetime responsibility for dogs, and comprehensive health testing. The owner also outlined daily care practices, socialization, veterinary oversight, and kennel maintenance to ensure animal welfare. The owner noted there is an established waitlist for puppies, reducing the risk of overpopulation and expressed that the operation may provide future local employment. Overall, the response emphasizes responsible operations and consideration for neighbouring properties.
Application No. ZBA-03/26
Owner Deanna Beach
Address 55695 Light Line
Water Supply Private well
Sewage Supply Private Septic
Buildings/Structures Single detached house and accessory buildings
Elgin County Official Plan Agricultural Area
Municipality of Bayham Official Plan Agriculture
Figure 1.0 Subject Lands Outline
Proposal:
The applicant proposes to rezone the subject lands to Agricultural 1 – Special Provision 56 (A1-56) zone to permit a dog kennel.
Staff Report DS-10/26 Beach 3
Section(s) Relevance To Application Comments
Provincial Planning Statement, 2024
Section 4.3.2.4
Permits the use of a single
detached dwelling and accessory uses on a parcel used for agricultural purposes within the
prime agricultural area.
Consistent The proposed Zoning
By-law Amendment will permit the applicant to operate a dog kennel, a
use accessory to the existing use
Elgin County
Official Plan
Section 5.2
Section 5.13
Permitted uses within the agricultural area include, single
detached dwellings accessory to a farm, and home-based businesses.
Conforms The proposed Zoning By-law Amendment conforms
to the policies for home based occupations in the agricultural area.
Municipality of Bayham Official Plan 2.1.1.2
The Municipal OP permits the use of agricultural parcels with associated residential dwellings to be used for home occupations.
Conforms
The proposed Zoning By-law Amendment conforms to the permitted uses of the Agricultural Area OP policies.
Bayham Zoning Bylaw No. Z456-2003
Section(s) Provisions
Existing Zoning Agricultural 1 (A1)
The existing zoning allows a variety of agricultural uses, as well as a dwelling. However, a zoning amendment is required to establish the use of a dog kennel.
Proposed Zoning Agricultural 1 – Site Specific Provision 56 (A1-56)
The A1-56 zone will permit the use of the subject lands for a dog kennel in addition to the permitted uses of the A1 zone. No other site-specific provisions are required.
DISCUSSION
Planning Policy Review
When considering applications under the provisions of the Planning Act, Planning authorities shall ensure that decisions are consistent with the direction and policies within the Provincial Planning Statement (PPS 2024), do not conflict with Provincial Plans and are based on sound planning
principles. Decisions shall also conform to the policies County of Elgin Official Plan (CEOP) and Municipality of Bayham Official Plan (OP).
Staff Report DS-10/26 Beach 4
Long Point Region Conservation Authority: No concerns. However, the owners should be aware that much of the property does fall within LPRCAs regulation limit and our office should be consulted regarding any potential development activity on the lands in the future as a permit may be required
from our office.
Public Health: Public Health has no objection to the content of the application as it currently stands.
Building and Community Services: No comments.
Water: No comments
Drainage: No comments
Infrastructure and Development: No comments
Chief Administrative Officer: No comments
PLANNING ANALYSIS
The application has been reviewed with respect to the relevant policies of the Provincial Planning
Statement (2024) and the Elgin County Official Plan.
Provincial Planning Statement (2024)
4.3.2.4 - A principal dwelling associated with an agricultural operation shall be permitted in prime agricultural areas as an agricultural use, in accordance with provincial guidance, except where
prohibited in accordance with policy 4.3.3.1.c).
Response: The proposed Zoning By-law Amendment will rezone lands within the prime agricultural area to permit the use of the land and accessory structures for a dog kennel. There is an existing single detached dwelling on the property, which the dog kennel will be an accessory use. The proposed use is not anticipated to have a negative impact to the existing or surrounding agricultural uses. The building which will be used for the kennel is approximately 35m from the owner’s dwelling.
The proposed use is anticipated to have minimal impacts on surrounding land uses. As shown in the image below, the closest dwelling on the adjacent parcel is approximately 240 m away. This separation distance ensures that noise, odour, and general activity associated with the kennel are sufficiently buffered from neighbouring residences. Specific measures, including the installation of fencing to mitigate potential noise impacts are addressed and incorporated as part of the Site Plan
Agreement to address public concerns.
Staff Report DS-10/26 Beach 5
Elgin County Official Plan (2025)
5.2 Permitted Uses – Within the County’s Rural Area the primary use of land shall be for agriculture. Secondary uses within the County’s Rural Area are limited to: agriculturally-related uses, limited
residential uses, home-based businesses and industries, agri-tourism operations, temporary outdoor
special events, and lands that have been previously designated for non-agricultural uses in a local official plan.
5.13 Home-based Businesses & Industries – Home businesses and industries are classified as on-
farm diversified uses under provincial policy and include a wide range of small-scale enterprises that can operate discretely out of a residence, or other building, by the resident of the property and include
a range of professional services and the operations of tradespeople but do not include manufacturing, retail, or wholesale operations. Home-based businesses and industries will be permitted across the
Rural Area subject to the other policies of this Plan and the following:
- the operator of the home-based business or industry permanently resides on the property;
- the building housing the home-based business or industry is generally located within the existing farm-building cluster, if located on a farm property;
- the floor area of the business or industry complements the size of the property, on-site buildings, and neighbouring properties and buildings, does not physically dominate the property, and is clearly a
secondary use of the property;
- there is no noise, lighting, dust, traffic, or odour from the business or industry that will have an adverse impact on adjacent properties or agricultural operations;
- all machinery and equipment, with the exception of motor vehicles, are located within enclosed
buildings;
- any open storage areas are hidden from the road or screened from view; and
- the number of employees is limited.
Response: The subject lands are located within the Agricultural Area, and the dog kennel is considered to be a home occupation and is secondary use. The proposed site plan indicates that the buildings and structures required for the dog kennel will be located within the existing cluster of buildings on the property. The proposed kennel has a total floor area of 345.59 square metres, which
does not dominate the property and remains clearly secondary in nature as an accessory use. Noise mitigation measures will include housing dogs indoors during nighttime hours, providing adequate daily exercise and enrichment, and promptly addressing any excessive barking or disturbances.
Municipality of Bayham Official Plan:
1.1.1.2 All types, sizes, and intensities of agricultural uses and normal farm practices will be permitted and encouraged in the “Agriculture” designation. Agriculture-related uses and
secondary uses will also be permitted in the “Agriculture” designation provided they are
compatible with agricultural uses and do not contribute to land use conflicts. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and
farm-related industrial and commercial uses.
Response: The Municipality’s Official Plan permits lots within the Agricultural Area to be used for home occupations, in addition to agricultural and agricultural-related uses.
Staff Report DS-10/26 Beach 6
Statutory Notice Requirements:
The Notice of the Public Meeting was given in accordance with the provisions of the Planning
Act. Property owners within 120m of the subject lands were provided notice through regular mail delivery. Applicable persons and public bodies were provided notice of the Public Meeting and a request for comments via email. Signage advising of the existence of a planning application with details available at the Municipality of Bayham was placed on the subject property and details of the
application and Public Meeting were also posted publicly on the Municipality’s website and bulletin board.
Conclusion
Subject to receiving additional comments from the public and Council, staff is of the opinion that the proposed zoning by-law amendment as proposed in By-law No. Z823-2026 is:
i. Consistent with the Provincial Planning Statement 2024, including but not limited to
Section 4.3.2.4;
ii. In conformity with Elgin County Official Plan
iii. In conformity with the relevant policies of the Municipality of Bayham Official Plan, including but not limited to Section 2.1.1.2;
Upon Council making a decision regarding By-law No. Z823-2026, the required Notice of Decision will be circulated as prescribed under the regulations of the Planning Act. There is a 20-day appeal period where objections to the decision may be submitted to the Ontario Land Tribunal (OLT).
STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-03/26 Beach 2. Draft Zoning By-law No. Z823-2026
Staff Report DS-10/26 Beach 7
RECOMMENDATION THAT Report DS-10/26 regarding the Beach rezoning application ZBA-03/26 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held March 19, 2026, associated with this application, there were no oral presentations and one written public submission regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the subject property municipally identified as 55695 Light Line, from Agricultural 1 (A1) Zone to Site-specific Agricultural (A1-56) to permit the use of the land for a dog kennel.
AND THAT Zoning By-law No. Z823-2026 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Evan McKinstry Thomas Thayer, CMO, AOMC Junior Planner Chief Administrative Officer
Staff Report DS-10/26 Beach 8
Appendix 1: Applicant Submitted Site Plan
Staff Report DS-10/26 Beach 9
Appendix 2: Written Public Comment Public Submission from Laura Edwards dated March 17th 2026 - read at the public meeting: I understand that operating a kennel may be a permitted use, and I respect that property owners have certain rights. However, I do have several concerns about how this will impact the surrounding area and whether proper oversight will be maintained. My primary concern is noise. With multiple dogs on the property, there is a real risk of persistent barking. I would like to understand how this will be monitored and what enforcement measures will be in place if it becomes an ongoing issue.
In addition, I understand that the municipality introduced a bylaw in 2023 requiring annual inspections of kennels. I would like confirmation that these inspections are being consistently carried out, and that
they will continue to be enforced moving forward. More broadly, while I recognize this may be a permitted use, I do have concerns about breeding in
general given the current overpopulation of dogs. At a minimum, I would hope there are clear safeguards in place to ensure responsible practices and proper animal welfare standards. Overall, I am not opposed to lawful use of the property, but I am asking for assurance that appropriate regulations, enforcement, and oversight will be in place to protect both the community and the animals. Appendix 3: Owners response to public meeting comment Hello Margaret, and to Whomever It May Concern,
Thank you giving us the opportunity to respond to our neighbour’s concerns. Her comments are both thoughtful and legitimate concerns and we at Turtlepond Golden Retrievers share those concerns. We are ethical, Canadian Kennel Club registered breeders of registered purebred golden retrievers and as
such, we are bound to uphold the ethics and bylaws of the CKC which may be found outlined on the CKC website at https://www.ckc.ca/en/Legal/CKC-Bylaws We would like to address the concerns about barking, the welfare of our dogs and puppies, and the ethics of breeding.
It is important to us that our dogs do not bark in a way that disturbs our neighbours, causes anyone distress, or causes our neighbours to lose sleep during normal community quiet times, and to this date
we do not know of any complaints about our dogs. While we understand that barking can occasionally be an important communication tool used by dogs, and it is not healthy to completely eliminate all barking, we do not want to be disturbed by our dogs or to have them disturb others and we are actively using positive reinforcement techniques and rewarding quiet behaviour to encourage our dogs to keep their barking to a minimum. We have also found that the best approach to reduce unwanted barking is to discern the reason for the barking (fear, hunger, bathroom needs, or boredom), and to preempt the need before barking happens when possible, for example if the dog is bored, give them more exercise, enrichment activities, and one-on-one training and attention each day. If they tend to bark when visitors arrive, encourage them to stop barking and to sit or lie down, and then reward them when they are sitting or lying quietly whenever there are visitors. We also lock our dogs inside at night and the only time we have heard barking at night was when something was wrong and one of the dogs needed
help; Cali had managed to open her locked dog door and had locked herself outside in the cold weather! We quickly fixed the problem and she went back to sleep. We have also taken measures to ensure that would not happen again. Since we live right next door to the new kennel we are able to
hear any barking and to mitigate it immediately. I also appreciate Laura’s comment about ethical breeding and the health and welfare of the dogs.
Although there may be dogs for whom it is difficult or impossible to find a home, we do not feel, as ethical breeders of purebred Golden Retrievers, that we are contributing to that problem. While
Staff Report DS-10/26 Beach 10
encouraging families who are able to and who have the necessary skills and resources to adopt shelter dogs is definitely helpful, not every family is able to care for a shelter abandoned dog who is being rehomed. Some, not all, shelter dogs, are abandoned because of serious health and behavioural concerns, and at Turtlepond our aim is to prevent these situations from ever happening. Eliminating ethical breeding will only exacerbate the problem by driving people to source their dogs from unethical sources who take no care for the health or proper socialization of their puppies and dogs, and this will cause more dogs to be abandoned to shelters. We have several strategies we employ, to ensure we do not contribute to the problem of dogs in shelters: 1. Our screening process ensures we match puppies only with families who have the time, resources, commitment, fitness, and family dynamics necessary to fulfill the needs of a golden retriever through
every life stage. We ask each potential puppy-family a list of questions to find out if they are able, and how they plan to care for their puppy/dog. For example: Do you have a fenced yard? Are you willing to take a puppy training class? How do you feel about shedding? What are your work hours? Does
anyone in your family have allergies? How do you plan to deal with veterinary emergencies? 2. We are always willing to take back any puppy we have adopted out and we are committed to caring
for them and to finding new loving homes. 3. We are committed to proper socialization of all our dogs and we handle our puppies from birth. Each puppy is cuddled and played with and has the opportunity to engage in age-appropriate enrichment activities every single day until the day that they go home to their new families. We also expose them to cats, children, other healthy vaccinated dogs, household noises, and expose them to different surfaces to get them used to the life they will experience with their new families. We allow more than one visit with families so that their puppy can get to know them before they take them home. This reduces the likelihood that puppies will develop problem behaviours and be returned to us. 4. Each dog and puppy is cared for by a registered veterinarian and receives regular dewormings and
preventative parasite control measures and flea treatments to keep them healthy. All puppies receive their first set of vaccinations before they are sent home.
5. Puppies are allowed to spend time with their mothers and to nurse as long as possible and until they go home to their new families. Puppies who are separated from their mothers early have more behaviour problems and are aggressive more often than puppies who are weaned early.
6. Puppies are not allowed to leave us until they are at least 8 weeks old. This gives them adequate time to socialize with their littermates, and transitions puppies to their new homes at a time when they will benefit from the one-on-one attention their new family can provide. This is still during the 16-week window of prime socialization time for dogs when they are receptive to socialization with other animals and people. 7. Our dogs are bred primarily for health and temperament, not for designer-dog purposes. We chose the golden retriever breed because they are gentle, affectionate, easily trainable, known to have a gentle and soft mouth, unlikely to bite, and they are not known for nuisance barking. Although they are not appropriate dogs for everyone, this makes them wonderful family dogs, and they are not likely to
be abandoned to a shelter. 8. Education: we spend many hours speaking with our dog’s families, we are always available to
answer questions by phone or text, and we allow lots of visits so that we can educate families on the proper training and care of a golden retriever. We also provide a written health and training handbook and lifetime breeder support. This has translated into very successful integration into family homes for
our puppies. I have also enrolled in a dog trainer educational program to get my professional dog trainer certificate so I can improve the support we give to our dogs and their families before and after they take their puppies home. 9. We ensure adult dogs are ready and able to be adopted after they are retired from breeding: we
Staff Report DS-10/26 Beach 11
raise our puppies who will be future mama and papa dogs in the house with us so they will be housetrained and they will make good family pets, and so they will have fewer accidents when they are moved out to the kennel. 10. At Turtlepond, we have a waitlist for our puppies and even before our mama dogs are bred, we make sure we already have loving and appropriate homes for them. We currently have 21 clients waiting for one of our puppies, and we get inquiries daily. This allows us to make responsible breeding decisions based on what is best for our dogs and puppies. Concern was also expressed for the health and welfare of our dogs. Although our dogs are kept in a kennel, we consider them to be members of our family and we strive to provide a home-like environment as much as possible. Our kennel is cleaned daily, and sometimes during incliment
weather, when our dogs get especially muddy running around outside, we clean several times a day. Our dogs receive regular baths, brushing, grooming, nail trimming and we regularly clean their teeth. If one of our dogs is sick or has a cut or is pregnant, I keep her by my side in the house all day so I can
care for her and monitor her. Our goldens each have a spacious indoor enclosure and a spacious outdoor area, and although our dogs may occasionally use the outdoor concrete pens for potty needs if necessary, we do not use the outdoor areas as their only bathroom option. We exercise the dogs in
our outdoor fenced areas 7-8 times per day so they usually do their business in those areas, which we feel is better for the dog’s health and will help them better transition to their new families’ homes when they retire from breeding. We also spend time indoors training them in the home-like environment of the kennel. They are taught how to behave just as any house dog would be. During exercise times, we play with our dogs, show them affection and provide training and enrichment activities. Every dog is raised keeping in mind that he or she will one day be someone else’s beloved family pet. We are careful to teach them how to sit, lie down, shake-a-paw, take a treat gently, walk on a leash, fetch a ball, and “leave it”, to sit quietly and not to jump up or to play roughly. We love every puppy we care for and give them personalized love and affection. We encourage our clients to tell us once they have named their puppies so we can write all our puppies’ names on a
whiteboard and start using their go-home names. After our puppies go to their forever homes, clients send us updates and photos of our dogs and we are all happy to see how our “Bella” or our “Doug” is doing!
We are also committed to the health of our dogs and puppies. Every puppy gets examined by our licensed veterinarian, Dr Terry Boys, and receives their first set of vaccinations before going to their
new homes. All puppies receive multiple dewormings as recommended by our vet. We also start to crate train and house train our puppies between 6 and 7 weeks old, and to train them to wear a collar and leash and pee and poop outside to help them have an easy transition to their new homes. We also do extensive health testing to ensure our breeding dogs will have the healthiest puppies possible. I thought it might be helpful to share my mother dogs, Sunshine and Chloe’s results for their health clearances. I have linked to both of their OFA pages showing their CHIC certification status which details our testing for hip dysplasia, elbow dysplasia, veterinary ophthalmologist examinations and cardiologist examinations and results, and below I have attached their DNA results from Animal Genetics in Florida. These tests screen for diseases that can be common in purebred golden retrievers. CHIC certification status is considered the standard of excellence for health screening among mainstream reputable breeders.
Chloe’s OFA CHIC results:
Sunshine’s OFA CHIC results:
Staff Report DS-10/26 Beach 12
When choosing our studs, we ensure they are from healthy lines with no history of health problems and that they have passed an OFA, PennHip or equivalent veterinary hip and elbow screening. We also ensure they have had eyes and hearts checked for health as well. Accurate health testing cannot be done until dogs are at least 18 months old and we do not breed until we know the results. Breeding dogs too young can harm their health and our female dogs are an average of 1-2 years when they have their first litter. At Turtlepond we strive to meet or exceed industry standards for ethical breeding. As we strive to maintain genetic health in our puppies we also need to balance our desire to eliminate unwanted traits and common health problems with the need to maintain genetic diversity in the breed. Genetic diversity can be measured as a factor of inbreeding, and the more inbred a purebred dog is, the smaller the litter sizes will be, and the shorter the dog’s life spans tend to be. While striving to breed only
“perfectly” healthy parents can actually decrease genetic diversity in purebred dogs leading to shorter lifespans and other problems, it is still important to make sure breeding dogs do not have any easily detectable inheritable problems which may substantially affect the length or quality of the life of any
offspring. We also feel that our kennel will be a benefit to the community by providing local employment as we
expand our breeding program. We are hoping to hire a kennel attendant in the next year to help us care for our dogs and puppies, and will expand to other future jobs as our program grows. This will free up more time for us to provide enrichment and training to our dogs and puppies, and to provide better breeder support to our clients and their dogs. We hope the above information helps to clarify our philosophy and intentions at Turtlepond and helps to demonstrate our love and concern for both our dogs and puppies, and our care and consideration for the comfort and safety of our neighbours.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z823-2026
BEACH
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Map
11, Schedule “A” by changing the zoning symbol on the lands from a ‘Agricultural 1 (A1)’
Zone to a ‘Site-Specific Agricultural (A1-56)’ Zone, which lands are outlined in heavy solid
lines and marked “A1-56” on Schedule “A” to this By-law, which schedule is attached to
and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.56.1 Defined Area
A1-56 as shown on Schedule “A” (Map No.11) to this By-law.
5.12.56.2 Additional Permitted Uses
Animal Kennel, in the form of a dog boarding, breeding, and grooming
business, in addition to permitted uses of the A1 zone.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 2nd DAY OF APRIL 2026.
READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF APRIL 2026.
___________________________ ____________________________
MAYOR CLERK
ZBA-03-26
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 2, 2026
REPORT: DS-11/26 FILE NO. C-07 / OP Conformity Review SUBJECT: OFFICIAL PLAN CONFORMITY REVIEW
BY-LAW NO. 2026-019 FINAL OFFICIAL PLAN BACKGROUND The Official Plan reflects a community vision for future change and development and outlines in a broad manner the land use and development guidelines and policies for Bayham. Generally, the Municipality of Bayham Official Plan guides growth and development within the urban limits
of the hamlet areas. The current Municipality of Bayham Official Plan was approved in February of 2019.
Municipalities are required under Section 26 of the Planning Act to conduct an Official Plan Review every five (5) years to ensure that the Official Plan:
• Is consistent with the Provincial Planning Statement 2024; • Has regard to the matters of provincial interest, and; • Conforms with the County of Elgin Official Plan. The purpose of an Official Plan Review is to ensure that policies of the Official Plan are in conformity with provincial and County plans and policies and continue to meet the community’s vision for future change and development. Phases
Phase One – Project Initiation - COMPLETED
A Special Council Meeting was held on Thursday, May 23, 2024 to formally initiate the Official Plan Review project, whereby staff and the consultant team provided an overview of the process, estimated timelines, and future opportunities for participation.
Phase Two - Consultation and Policy Review/Analysis - COMPLETED
An in-person Open House #1 was held on Wednesday, June 19, 2024 to provide an opportunity for the public to suggest revisions to the new Official Plan and offer comments regarding any
issues or matters that should be considered during the Official Plan Review process.
A Special Council Meeting was held on Thursday, August 29, 2024 to provide Council with a ‘Progress Report’ with respect to the status of the Official Plan Review project.
A Regular Council Meeting was held on October 17, 2024, to provide Council with a Progress
Report’ on the Official Plan Review project, the consultant team prepared a ‘Memo’ in response to the questions and comments received following the Special Council Meeting.
Phase Three – First Draft of Official Plan COMPLETED
A virtual Open House #2 was held on Wednesday, January 15, 2025 via Zoom. The purpose of the Open House was to provide the public with an overview of the First Draft Official Plan and, most notably, the key changes and/or revisions relative to the current Bayham Official Plan, as well as the Provincial Planning Statement (PPS) 2024 and adopted County of Elgin Official
Plan. The consultant team provided a presentation, followed by a Discussion Period where attendees had the opportunity to ask questions verbally or provide written questions in the Zoom Q & A function.
The public was encouraged to provide any comments, questions, or feedback with respect to
the project at any time throughout the process.
Phase Four - Final Draft and Adoption of Official Plan - CURRENT PHASE
Following the commenting period on the First Draft Official Plan, changes to the draft document have been incorporated into the document.
The Final Draft Official Plan incorporates any changes and modifications to the County of Elgin Official Plan that affects the Municipality of Bayham.
A Statutory Public Meeting was held on March 5, 2026, presenting the Final Draft Official Plan. One public oral presentation was made, and their written comments are included in the attached public comments summary.
DISCUSSION Municipal staff and planners have prepared a Final Official Plan for the Municipality of Bayham to replace the existing Official Plan. In accordance with Section 17(22) of the Planning Act, when the statutory requirements of the Act have been met, and Council is satisfied the proposed Official Plan is suitable for adoption, Council may, by by-law, adopt all or part of the
Plan and submit it to the County for approval. Attachments to this report include the agency comments/response, public comments/responses, and a Table of Revisions that have been addressed in the Final Official Plan. Staff and municipal planners conclude that the proposed Official Plan:
• Is consistent with the Provincial Planning Statement
• Has regard for the matters of provincial interest, and;
• Conforms with the County of Elgin Official Plan
The next Phase, Phase Five, is the approval of the Official Plan. Following the adoption of the Official Plan by Council, the adopted Official Plan will be sent to the County of Elgin for approval. The County of Elgin, being an upper-tier municipality, is the approval authority for the lower-tier municipality (Bayham) Official Plan. The adopted Official Plan will be posted to the
municipal website along with the Notice of Adoption to provide additional notice to the public.
ATTACHMENTS 1. Agency Consolidated Comment – Response Summary 2. Public Comments – Responses Summary 3. Revisions to Final Draft Official Plan – March 25, 2026 4. Draft By-law No. 2026-019 with the Final Official Plan RECOMMENDATION THAT Report DS-11/26 regarding the Official Plan Conformity Review be received for information; AND THAT Council approves the Official Plan for the Municipality of Bayham as presented;
AND THAT By-law No. 2016-019, being a by-law to provide for the adoption of the Official Plan for the Municipality of Bayham, be presented to Council for enactment; AND THAT staff be directed to prepare the statutory record in accordance with the requirements of the Planning Act to be submitted to the County of Elgin for approval. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
450 Sunset Dr #228, St Thomas, ON | (519) 633-0114 | elginfarmers@gmail.com
Wednesday, July 24, 2024
To: Members of Council
Mucipalty of Bayham
RE: Official Plan Policy Review Phase Two
The Elgin Federation of Agriculture (EFA) represents the Ontario Federation of Agriculture (OFA) in Elgin County. Our primary objective is to support our members, farmland preservation and the Agri-food industry by ensuring that legislation impacting the sustainability of farm businesses in Elgin County is consulted and considered for its impact on our rural communities in Elgin County.
Elgin County lands are one of the most agriculturally productive areas in the province, boasting 389,260 acres of farmland, with a robust employment community of more than 79,410 workers, including spin-off jobs in manufacturing, construction, food and beverage, and the transportation industries.
The Elgin Federation of Agriculture has reviewed your consultation and policy analysis for the Municipality of Bayham's Official Plan review. We know the Municipality of Bayham must comply with the County of Elgin's Official Plan and the provincial policy statement (PPS). This includes the need for the Council to balance the demand for more housing while protecting prime agricultural
lands, a non-renewable finite asset.
The EFA supports the preservation of agricultural land, explicitly supporting no net increase in settlement area lands within the boundaries of Bayham. The EFA supports creating policies around agricultural and surplus farm dwelling severances based on the provincial policy statement and the
County of Elgins Official Plan.
Further, the EFA supports the proposed changes that would allow for diversification and the inclusion of agri-tourism operations directly related to farming, such as pick-your-own produce establishments, tasting rooms for wineries or cideries, sugar shacks, petting zoos, tourist ranches,
produce markets, and farm-related commercial and industrial operations that support Elgin
County's agricultural sector. The EFA strongly advocates including Minimum Distance Separation (MDS) Formulae I and II—requirements in rural areas. We believe compliance with the document is important for the
balanced growth and development of new livestock facilities, manure storages, anaerobic
digesters, and surrounding land use.
450 Sunset Dr #228, St Thomas, ON | (519) 633-0114 | elginfarmers@gmail.com
The EFA suggests including policies to enhance the safety and security of farm operations near rural residential developments. One way to achieve this is by using subdivision agreements and including a notice or warning clause in each purchase and sale agreement between local municipalities and property owners adjacent to agriculture zones.
These clauses could be registered on the title to ensure effectiveness, as described in The Township of Southwold report to Council PLA 2024-01, ZBA: 2024-01. The warning clauses should include the acknowledgment of the following:
• The nearby agricultural operations and agree to support the "right to farm" principle;
• That adjacent farms may utilize and house specialized seasonal farm workers to maintain the crop;
• That farming operations use sprays to ensure healthy crops; these are all approved for safe use by Health Canada;
• That standard and specialized farming equipment could be used and are permitted to be
on adjacent roadways and
• That manure may be applied to adjacent farmlands, which can produce unpleasant odours; farmers follow strict nutrient management plans.
The EFA appreciates the work put into the Municipality of Bayham Official Plan review and the efforts to grow agribusiness and protect agricultural lands. We look forward to continuing to work together through this official plan review.
Sincerely yours,
Greg Fentie
President, Elgin Federation of Agriculture
cc: The Honorable Rob Flack, Ontario Minister of Agriculture, Food and Agribusiness
Member of Parliament Karen Vecchio, Elgin-Middlesex London
Elgin Federation of Agriculture Board
Outlook
FW: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th Special
Council Meeting
From Marg Underhill <MUnderhill@bayham.on.ca>
Date Thu 2024-10-17 15:00
To Tsimenidis, Christian <christian.tsimenidis@arcadis.com>
Cc Labreche, Victor <victor.labreche@arcadis.com>; Schnittke, Emily <emily.schnittke@arcadis.com>; Thomas
Thayer <cao@bayham.on.ca>; OP Review <opreview@bayham.on.ca>
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the
sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Hi Christian
Comments received from Infrastructure Ontario - please see the email below re Port Burwell Provincial
Park and the proposed removal form the Settlement Area Boundary of Port Burwell.
They are asking for a meeting to discuss.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Quigg, Alison (IO) [mailto:Alison.Quigg@infrastructureontario.ca]
Sent: October 17, 2024 2:31 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>; OP Review <opreview@bayham.on.ca>
Cc: Emm, Amy (IO) <Amy.Emm@infrastructureontario.ca>; Coakley, Michael (IO)
<Michael.Coakley@infrastructureontario.ca>; Notice Review <NoticeReview@infrastructureontario.ca>
Subject: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th Special Council
Meeting
CAUTION: This email originated from outside of the Municipality of Bayham email
system. Please use caution when clicking links or opening attachments unless you
recognize the sender and know the content is safe.
Good afternoon Margaret,
Infrastructure Ontario (“IO”) is a crown agency responsible for the strategic management of the provincial realty
portfolio on behalf of the Ministry of Infrastructure (“MOI”). Part of IO’s mandate is to protect and optimize the
3/20/26, 12:42 PM FW: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th Special Council Meeting - Henry, Jeff - …
about:blank?windowId=SecondaryReadingPane31 1/2
value of the portfolio, while ensuring real estate decisions reflect public policy objectives. IO has reviewed the
Memo that will be presented at the Special Council Meeting tonight that provides a progress update on the Bayham
Official Plan Review project. IO has concerns with some of the Memo’s contents, specifically about the updated
settlement area boundary changes.
IO manages the Port Burwell Provincial Park and is concerned with the municipality’s proposed removal of the
Park from the Port Burwell settlement area boundary. The Memo justifies that the lands should be removed from
the settlement area boundary because they constitute a Provincial Park protected under the Provincial Park and
Conservation Reserves Act and as part of the natural heritage system. While we acknowledge this, it is IO’s
opinion that the Park is a key destination within the Port Burwell community and is designated as a Tier One
Settlement Area within the County Structure Plan (Schedule ‘A’) of the Elgin County Official Plan, 2024. The
Bayham Official Plan Review is meant to be a conformity exercise that should be consistent with the Upper Tier
planning instruments, and therefore we kindly request that the Provincial Park remain within the settlement area
boundary in the new Bayham Official Plan. There are also existing residences within the park that should be
recognized as being part of the Port Burwell settlement area.
The memo notes that removal of this Park is considered a “minor” revision to the settlement area boundary. The
Provincial Park is close to 150 ha in size. IO does not believe the removal of 150 ha of land from the settlement
area boundary is considered a “minor” revision and instead should warrant more detailed analysis.
We kindly request that no decisions be made on the proposed settlement area boundary adjustments until IO has
had time to consult with the Municipality about our concerns. We are happy to arrange a meeting with your team to
discuss.
Thank you in advance for considering our comments. Please also keep us informed and notified of all future
Official Plan review updates.
Alison Quigg MCIP RPP (she, her)
Infrastructure Ontario
Planner
alison.quigg@infrastructureontario.ca
Mobile: 416-529-3068 | Office: 647-933-1595
www.infrastructureontario.ca
Follow IO at:
This communication may contain confidential information intended only for the person(s) to whom it is addressed. Any
dissemination or use of this information by others than the intended recipient(s) is prohibited. If you have received this
message in error please notify the writer and permanently delete the message and all attachments. Thank you.
This email, including any attachments, is intended for the personal and confidential use of the recipient(s)
named above. If you are not the intended recipient of the email, you are hereby notified that any
dissemination or copying of this email and/or any attachment files is strictly prohibited. If you have
received this e-mail in error, please immediately notify the sender and arrange for the return of any and
all copies and the permanent deletion of this message including any attachments, without reading it or
making a copy. Thank you.
3/20/26, 12:42 PM FW: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th Special Council Meeting - Henry, Jeff - …
about:blank?windowId=SecondaryReadingPane31 2/2
From:OP Review
To:Quigg, Alison (IO)
Cc:Emm, Amy (IO); Coakley, Michael (IO); Notice Review; Tsimenidis, Christian
Subject:RE: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th Special Council Meeting
Date:December 9, 2024 12:09:16 PM
Attachments:image001.png
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always
verify the sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Good Afternoon Alison,
Once again, we appreciate your review and acknowledge your comments on behalf of theMOI.
As noted in the Memo prepared by Arcadis, titled “Response to August 29th Special
Council Meeting Questions and Comments”, dated October 8th, 2024, it was previously
noted that the Port Burwell Provincial Park would be removed from the Village of Port
Burwell Settlement Area boundary. Following the preparation of the Memo and additionalconsultation both internally and with County of Elgin staff, the Municipality is no longer
removing Port Burwell Provincial Park from the Village of Port Burwell Settlement Area
boundary in the First Draft Official Plan. Given that this Official Plan Review is a
“conformity” exercise with respect to the adopted County of Elgin Official Plan, and theCounty did not remove the Provincial Park from their Official Plan, the Provincial Park
boundaries will remain as they exist today.
Thank you for your continued participation in this Official Plan Review.
Regards,
Margaret UnderhillPlanning Coordinator/Deputy Clerk
Municipality of Bayham56169 Heritage Line, PO Box 160
Straffordville ON N0J 1Y0T: 519-866-5521 Ext 222
F: 519-866-3884munderhill@bayham.on.ca
www.bayham.on.ca
From: OP Review
Sent: October 17, 2024 4:57 PM
To: 'Quigg, Alison (IO)' <Alison.Quigg@infrastructureontario.ca>; OP Review
<opreview@bayham.on.ca>
Cc: Emm, Amy (IO) <Amy.Emm@infrastructureontario.ca>; Coakley, Michael (IO)
<Michael.Coakley@infrastructureontario.ca>; Notice Review
<NoticeReview@infrastructureontario.ca>
Subject: RE: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th
Special Council Meeting
Good Afternoon Alison
We appreciate your review and acknowledge your comments on behalf of the MOI.
Your comments have been shared with the OPCR Team.
Please be advised that there are no decisions being made this evening related to the
OPCR. The memo being presented to Council is for information as part of the ongoing
OPCR Project.
Thank you and we will be in touch with you for further discussion.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Quigg, Alison (IO) [mailto:Alison.Quigg@infrastructureontario.ca]
Sent: October 17, 2024 2:31 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>; OP Review <opreview@bayham.on.ca>
Cc: Emm, Amy (IO) <Amy.Emm@infrastructureontario.ca>; Coakley, Michael (IO)
<Michael.Coakley@infrastructureontario.ca>; Notice Review
<NoticeReview@infrastructureontario.ca>
Subject: Infrastructure Ontario Comments on the Bayham Official Plan Review - October 17th
Special Council Meeting
CAUTION: This email originated from outside of the Municipality of Bayhamemail system. Please use caution when clicking links or opening attachments
unless you recognize the sender and know the content is safe.
Good afternoon Margaret,
Infrastructure Ontario (“IO”) is a crown agency responsible for the strategic management of
the provincial realty portfolio on behalf of the Ministry of Infrastructure (“MOI”). Part of IO’s
mandate is to protect and optimize the value of the portfolio, while ensuring real estate
decisions reflect public policy objectives. IO has reviewed the Memo that will be presented at
the Special Council Meeting tonight that provides a progress update on the Bayham Official
Plan Review project. IO has concerns with some of the Memo’s contents, specifically about
the updated settlement area boundary changes.
IO manages the Port Burwell Provincial Park and is concerned with the municipality’s
proposed removal of the Park from the Port Burwell settlement area boundary. The Memo
justifies that the lands should be removed from the settlement area boundary because they
constitute a Provincial Park protected under the Provincial Park and Conservation Reserves
Act and as part of the natural heritage system. While we acknowledge this, it is IO’s opinion
that the Park is a key destination within the Port Burwell community and is designated as a Tier
One Settlement Area within the County Structure Plan (Schedule ‘A’) of the Elgin County
Official Plan, 2024. The Bayham Official Plan Review is meant to be a conformity exercise that
should be consistent with the Upper Tier planning instruments, and therefore we kindly
request that the Provincial Park remain within the settlement area boundary in the new
Bayham Official Plan. There are also existing residences within the park that should be
recognized as being part of the Port Burwell settlement area.
The memo notes that removal of this Park is considered a “minor” revision to the settlement
area boundary. The Provincial Park is close to 150 ha in size. IO does not believe the removal of
150 ha of land from the settlement area boundary is considered a “minor” revision and instead
should warrant more detailed analysis.
We kindly request that no decisions be made on the proposed settlement area boundary
adjustments until IO has had time to consult with the Municipality about our concerns. We are
happy to arrange a meeting with your team to discuss.
Thank you in advance for considering our comments. Please also keep us informed and
notified of all future Official Plan review updates.
Alison Quigg MCIP RPP (she, her)
Infrastructure Ontario
Planner
alison.quigg@infrastructureontario.ca
Mobile: 416-529-3068 | Office: 647-933-1595
www.infrastructureontario.ca
Follow IO at:
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Thank you.
This email, including any attachments, is intended for the personal and confidential use of therecipient(s) named above. If you are not the intended recipient of the email, you are hereby
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Outlook
[Draft]RE: Infrastructure Ontario Comments on the Bayham Official Plan Review - First Draft
From jeff.henry@arcadis.com
From: Quigg, Alison (IO) [mailto:Alison.Quigg@infrastructureontario.ca]
Sent: January 14, 2025 5:21 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>; OP Review <opreview@bayham.on.ca>
Cc: Emm, Amy (IO) <Amy.Emm@infrastructureontario.ca>; Coakley, Michael (IO)
<Michael.Coakley@infrastructureontario.ca>; Notice Review <NoticeReview@infrastructureontario.ca>
Subject: Infrastructure Ontario Comments on the Bayham Official Plan Review - First Draft
CAUTION: This email originated from outside of the Municipality of Bayham email system.
Please use caution when clicking links or opening attachments unless you recognize the
sender and know the content is safe.
Hello Margaret,
Infrastructure Ontario (“IO”) is a crown agency responsible for the strategic management of the provincial realty
portfolio on behalf of the Ministry of Infrastructure (“MOI”). Part of IO’s mandate is to protect and optimize the
value of the portfolio, while ensuring real estate decisions reflect public policy objectives. In advance of the
Open House tomorrow evening, IO has reviewed the first draft of the Bayham Official Plan dated to December
2024.
Within the Municipality of Bayham, IO manages Port Burwell Provincial Park. Back in October 2024, IO
previously provided comments to staff noting our concerns with the Municipality’s suggested removal of Port
Burwell Provincial Park from the Port Burwell settlement area boundary. Please find these comments attached.
IO is pleased to see that the Municipality chose to keep Port Burwell Provincial Park within the Settlement Area
boundary within the first draft of the Bayham Official Plan and we wanted to express our support for these
changes.
IO wishes to reserve the right to continue to provide comments as this Official Plan review process evolves.
Furthermore, we kindly request to be notified of all future Official Plan Review updates.
Thank you,
Alison Quigg MCIP RPP (she, her)
Infrastructure Ontario
Senior Planner
Vacation Alert: January 20th – 24th (inclusive)
alison.quigg@infrastructureontario.ca
Mobile: 416-529-3068 | Office: 647-933-1595
www.infrastructureontario.ca
Follow IO at: LinkedIn_20x20 Twitter_20x20 Youtube_20x20
3/20/26, 12:43 PM RE: Infrastructure Ontario Comments on the Bayham Official Plan Review - First Draft
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This communication may contain confidential information intended only for the person(s) to whom it is addressed. Any dissemination or
use of this information by others than the intended recipient(s) is prohibited. If you have received this message in error please notify the
writer and permanently delete the message and all attachments. Thank you.
This email, including any attachments, is intended for the personal and confidential use of the recipient(s) named
above. If you are not the intended recipient of the email, you are hereby notified that any dissemination or
copying of this email and/or any attachment files is strictly prohibited. If you have received this e-mail in error,
please immediately notify the sender and arrange for the return of any and all copies and the permanent deletion
of this message including any attachments, without reading it or making a copy. Thank you.
3/20/26, 12:43 PM RE: Infrastructure Ontario Comments on the Bayham Official Plan Review - First Draft
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February 21, 2025
Municipality of Bayham
56169 Heritage Lane, PO Box 160
Straffordville ON N0J 1Y0
Re. Bayham Official Plan Review – 2024 Feedback
Council for the Municipality of Bayham,
Thank you for allowing us the opportunity to provide feedback on the draft official plan for
the Municipality of Bayham. As part of the comprehensive feedback from Southwestern
Public Health, we are providing specific recommendations related to various aspects of the
draft Official Plan. These suggestions aim to enhance the overall health and sustainability
of the Municipality of Bayham and its residents.
Health can be influenced at the population level through the environments in which we all
live; as such, healthy built environments are a key part of promoting the well-being of our
local communities. Changing the health of our communities in a positive way can be done
through the intentional development of supportive built environments. Official plans are
important documents that can be used to encourage these improvements.
We are pleased to note that the use of community incentives to enhance the built
environment are included in the draft official plan. We encourage the continued offering of
these incentives to promote healthy built environment policies locally, including:1,2
a) Mixed-use housing options (i.e., co-location of retail and moderate density
residential housing).3
b) Neighbourhood retail of essential amenities (i.e., grocery stores and pharmacies) in
residential communities.3
c) A variety of housing forms and mixed income housing developments to increase
access to local, affordable, and diverse housing options, which helps people stay in
their communities longer and improves their ability to afford other basic needs such
as health care and nutritious food, while decreasing stress.3
These healthy built environment principles could be added through the modification of
existing portions of the draft official plan. For example, the following statement in Section
11.6.11 could be modified to include the following: “In designated Community
Improvement Project Areas, the preparation of Community Improvement Plans will provide
the Municipality with various powers to maintain and promote attractive and safe living and
working environments through community improvements (for example, a variety of housing
densities, mixed retail/residential housing options and local essential amenities, including
grocers and pharmacies). This includes the authority to offer incentives to stimulate or
leverage private and/or public-sector investment.” This type of policy would enable the
development of gentle density in local population centers where it is most beneficial to the
community.
Food Systems and Agriculture
We commend the emphasis placed on protecting the agricultural land base and operations
in Section 3.2.1. To further support economic resilience in agriculture, we recommend
incorporating a policy statement to support agricultural-related uses and on-farm
diversified uses (such as farm stores, farm gate sales, and pick-your-own farms), which
allow diversification of agricultural operations and provide access to revenue streams,
which are essential for sustaining agricultural operations.3
Section 3.2.2 Protecting the Agricultural System highlights the significance of maintaining a
viable agricultural sector. Enhancing this section with a policy statement that supports the
capacity of local food systems through the establishment of local food hubs and
processing centres, such as commercial kitchens and processing facilities, would further
strengthen the infrastructure needed for local food production and processing.3
Within Section 3.2.3 Protecting Against the Conversion of Agricultural Land, the draft plan
highlights the need to protect agricultural land from conversion to other uses. To further
support this objective, we suggest including a policy to protect prime agricultural lands
from urban encroachment and promote policies that ensure the continued viability of local
farming operations. This would help maintain a sustainable supply of local, healthy foods,
supporting community food security across Elgin County.3,4,5
While the focus is on rural areas, urban agriculture can also contribute to local food
production. In Section 4.2.1 Community Design and Protecting Urban Character, we
suggest including a policy to support urban agriculture, such as rooftop gardens, edible
landscaping, community gardens, and urban farms. This can enhance local food
production, enable community gardens, and protect green space.3,4,6,7
To ensure access to affordable healthy food, Section 4.3.1 Permitted Uses could include
policies that implement zoning by-laws allowing mobile food vendors or temporary pop-up
markets with affordable, healthy food choices.3,7,8
Climate Change
We applaud the emphasis on addressing the impacts of climate change on both the built
and natural environments in Section 9.4. Additionally, it's important to recognize that
climate change has direct and indirect effects on human health, including increased heat-
related illnesses, respiratory and cardiovascular conditions due to air pollution, and
changes in the prevalence of infectious diseases.9 Effective land use planning can play a
crucial role in helping communities adapt and become more resilient to these climate-
related health impacts.10
To address the impacts of climate change on human health within the draft official plan, we
propose “The Municipality recognizes the potential impacts of climate change on the built
and natural environment.” be expanded to “The Municipality recognizes the potential
impacts of climate change on human health as well as the built and natural environment.”
To mitigate the implications of climate change and existing environmental conditions on
human health to prevent injury, loss of life, and property damage we recommend adding
the following policy statements to Section 9.4.11
e) Council will ensure the built environment be developed to provide protection against
extreme heat, build climate resiliency and promote safe outdoor recreation and active
transportation.
f) Council will work with Conservation Authorities, Public Health and other organizations to
identify and address climate change vulnerable areas and populations.
Health Equity
Section 9.3.4 of the draft official plan outlines the process for engaging with local
Indigenous communities. To strengthen this section further, we suggest the incorporation
of a framework for engagement with Indigenous communities. One example of a
recognized framework for engagement that could be included in this section is the IAP2
Spectrum of Public Participation framework.12
Thank you for considering these recommendations and we appreciate the opportunity to
provide feedback on the Bayham Official Plan (2024).
Sincerely,
Toluwalope Adedugbe, Health Promoter
Michelle Alvey, Health Promoter
Kendall Chambers, Registered Dietitian
Randie Gregoire, Public Health Nurse
Robert Northcott, Health Promoter
Shreya Sachdeva, Health Promoter
References
1. Walker C, Arnett E, Lang J, Basinski C, Leger S, Stone E. Health Equity & Climate
Change: Shaping Supportive Policy. Southwestern Public Health; 2019.
2. Basinski C, Leger S, Tigchelaar J, Alvey M, Chambers K, Lichti M, et al. Public Health &
the Built Environment. Southwestern Public Health; 2024.
3. BC Centre for Disease Control. Healthy Built Environment Linkages Toolkit: making the
links between design, planning and health, Version 2.0. Vancouver, B.C.: Provincial
Health Services Authority; 2018.
4. Simcoe Muskoka District Health Unit. Simcoe Muskoka District Health Unit. [Online].
Barrie: Simcoe Muskoka District Health Unit; 2014 [cited 2025 January 31. Available
from: www.simcoemuskokahealth.org.
5. Peterborough Public Heralth. Peterborough Public Health. [Online].; 2018 [cited 2025
January 31. Available from: peterboroughpublichealth.ca.
6. Ontario Agency for Health Protection and Promotion (Public Health Ontario). Evidence
of municipal- and community-level interventions to promote sustainable food
systems. Evidence brief. Toronto:, Health Promotion, Chronic Disease and Injury
Prevention; 2020.
7. Ontario Dietitians in Public Health. Municipal land use planning policies that promote
equitable and sustainable food systems. Rapid review. Ontario:; 2024.
8. Tatebe K, Watson K, Robert N, Kreitzman M, Polasub W, Mullinix K. Food systems
planning in Canada: a toolkit of priority practices for planners. toolkit. Richmon, British
Columbia: Institute for Sustainable Food Systems; 2024.
9. National Institute of Environmental Health Sciences. Human Health Impacts of
Climate Change. [Online].; 2022 [cited 2025 February 11. Available from:
https://www.niehs.nih.gov/research/programs/climatechange/health_impacts.
10
.
American Public Health Association. Public Health Opportunities to Address the
Health Effects of Climate Change. [Online].; 2015 [cited 2025 February 11. Available
from: https://www.apha.org/policies-and-advocacy/public-health-policy-
statements/policy-database/2015/12/03/15/34/public-health-opportunities-to-
address-the-health-effects-of-climate-change.
11
.
Hemson and Laura Taylor Design (LTD). County of Simcoe Land Use Planning
Community Climate Change Strategy Draft May 2024. [Online].; 2024 [cited 2025
February 11. Available from: https://simcoe.ca/wp-content/uploads/2024/06/CCW-
2024-170-Schedule-3.pdf.
12
.
Federation of International Association for Public Participation. IAP2 Spectrum of
Public Participation. [Online].; 2024 [cited 2025 February 13. Available from:
https://cdn.ymaws.com/www.iap2.org/resource/resmgr/pillars/iap2_spectrum_2024.
pdf.
Ministry of Agriculture,
Food and Agribusiness
Ministère de l’Agriculture,
de l’Alimentation et de l’Agroentreprise
2nd Floor
1 Stone Road West
Guelph, Ontario N1G 4Y2
Tel: 519-830-0300
2e étage
1, rue Stone ouest
Guelph (Ontario) N1G 4Y2
Tél. : 519-830-0300
Policy Division
Food Safety and Environmental Policy Branch
pg. 1/3
April 15, 2025
To: All municipalities in Ontario (Planning Department and/or Clerk’s Office)
Re: Agricultural System Implementation
Dear municipal partners,
The Provincial Planning Statement (PPS, 2024) came into effect on October 20, 2024.
To help foster a thriving agri-food sector, the PPS (2024) requires an Agricultural
System approach province-wide, which strives to protect the agricultural land base and
strengthen the viability of the agri-food network. Implementing an Agricultural System
approach can help support agri-food businesses, farm operations, related employment
and economic opportunities, and protect Ontario’s highest quality farmland.
The PPS, 2024 Agricultural System approach includes two components: 1. the
identification of the agricultural land base; and 2. the consideration of the agri-food
network – which may include infrastructure, services and assets that the agri-food
sector relies on.
To support municipalities in their implementation of an Agricultural System approach,
the Ministry of Agriculture, Food and Agribusiness (OMAFA) has the following
resources:
1: Agricultural Land Base Resources
To implement the agricultural land base, municipalities are required to identify and
designate prime agricultural areas and consider if there are rural lands that could also
be identified as part of an agricultural land base. Inclusion of rural lands within the
agricultural land base is left to municipal discretion.
To support this work, OMAFA has data and information available upon request that can
help municipalities identify where prime agricultural areas and rural lands are present.
While there is no requirement to utilize this data and information in identifying municipal
designations, it can help to provide a basis that municipalities can then refine based on
pg. 2/3
local information, such as municipally-designated prime agricultural areas and
settlement area boundaries.
The existing OMAFA Implementation Procedures for the Agricultural System (2020)
continue to provide helpful guidance with respect to what/how municipalities can
address Agricultural System policies in their respective official plans. It is important to
note that given section 5.3 of the Greenbelt Plan, 2017 has not been modified, the 2018
provincial agricultural land base mapping and implementation procedures remains in
effect for the Protected Countryside of the Greenbelt. OMAFA staff are developing
updated Implementation Procedures for the Agricultural System to align with the PPS
(2024) and will provide notice once these updates have been finalized.
2: Agri-food Network Resources
The second component of the Agricultural System is the agri-food network. It
complements and supports the agricultural land base. The agri-food network includes
the regional infrastructure and transportation networks, agricultural operations, services,
and other agri-food assets that are needed to sustain and enhance agriculture and the
prosperity and viability of the broader agri-food sector.
The OMAFA Agricultural System Portal maps elements of the agri-food network,
however, unlike prime agricultural areas, the agri-food network is not a land use
designation within an official plan. Rather, awareness of, and support for the agri-food
network is documented in an official plan for economic development purposes and can
be achieved in several ways. This could include reference to local elements identified in
asset mapping reports, or an inventory of components of the agri-food network in an
official plan appendix. Other supportive approaches include policy cross-references to
mapping and data tools, including OMAFA’s Agricultural System Portal, the
development of Agricultural Advisory Committees, supportive economic development
policies for the agri-food network, and cross-references to Economic Development
staff/programs.
Moving Forward
OMAFA staff will continue to work with municipalities to support implementation of the
PPS 2024 Agricultural System policies. As such, we are pleased to share that as part of
broader modernization efforts, the Ministry is embracing an ‘evergreen’ approach for
maintaining and enhancing Ontario’s digital soil mapping data.
As an example, improved topography/slope information available through new
technology will be incorporated in a forthcoming digital update of the existing Canada
Land Inventory (CLI) mapping for agricultural soil. As it becomes available, this new
information is being applied to CLI ratings across Ontario. OMAFA is committed to
making ongoing improvements to ensure CLI data is as accurate as possible. The work
currently underway is anticipated to be completed in 2026/27. Until any future release of
updated data, municipalities can continue using existing agricultural capability mapping
(i.e., CLI ratings).
pg. 3/3
When you embark on implementing an Agricultural System approach or
updating/refining existing official plan mapping, please contact OMAFA staff to discuss
the data that may be available to support your project. You can locate OMAFA land use
planning staff on OMAFA’s website. Below you will find a summary list of the additional
resources related to Agricultural System planning and implementation.
Please share this correspondence with the appropriate planning and economic
development department staff in your municipality.
Sincerely,
Andrea Martin
Director
Food Safety and Environmental Policy Branch
Resources
Provincial Planning Statement, 2024
Implementation Procedures of the Agricultural System
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019
Agricultural Systems Portal
OMAFA Agricultural land use planning staff
Economic tools
Canada Land Inventory information for Agricultural Land Use Planning in Ontario
Soil Capability for Agriculture in Ontario
CONNECT ON
Outlook
RE: Bayham OP Review Consultation with the County
From Mat Vaughan <mvaughan@ELGIN.ca>
Date Tue 2025-10-28 16:13
To Marg Underhill <MUnderhill@bayham.on.ca>
Cc Diana Morris <dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>; Schnittke, Emily<emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the sender and avoid clicking on links
or scanning QR codes unless certain of their authenticity.
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 1/10
Good afternoon folks. I have confirmed with MMAH that the reference to 2054 was a typo-error,
and should read 2051. Please see the link to the edited OP document: :
https://www.elgincounty.ca/wp-content/uploads/2025/09/Approved-Elgin-Offcial-Plan-Sept-25-1.pdf
Mat Vaughan, MPlan, RPP, MCIP, CMMIII
Director of Planning and Development
519-631-1460 ext. 194 519.319.3209 (cell)
www.elgincounty.ca450 Sunset Drive, St. Thomas, ON N5R 5V1
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: October 28, 2025 12:25 PM
To: Mat Vaughan <mvaughan@ELGIN.ca>
Cc: Diana Morris <dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>;
Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: FW: Bayham OP Review Consultation with the County
Importance: High
Good Afternoon, Mat
We are seeking further clarification stemming from our OPR discussion October 21st and your
email of October 24th.
Please see our planner’s email below.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Henry, Jeff <jeff.henry@arcadis.com>
Sent: Tuesday, October 28, 2025 12:18 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: Re: Bayham OP Review Consultation with the County
CAUTION: This email originated from outside of the Municipality of Bayham email system.
Please use caution when clicking links or opening attachments unless you recognize the
sender and know the content is safe.
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 2/10
Good afternoon Margaret,
We are confused by the below email and would seek further clarification from the County on what typos they
are intending to change and whether those typos would deviate from the Minister's decision, to which the
Bayham and other local Official Plans in Elgin County shall conform.
We would agree that any reference to the Hemson study would need to state 2051 rather than 2054 as the
end year, since the Minister cannot unilaterally change that work product. However, the Minister's
modifications (#2 and #3) that referenced 2054 were followed by modifications to figures (#4 and #5) that
included a separate straight-line projection between 2051 and 2054. The additional population growth in
those years required a modification to the residential land surplus/deficit table (#6). This suggests that 2054
was not a typo by MMAH but an intentional change backed by additional projection and calculation work to
produce the modified figures and table.
The missing information from the province through the County approval was an apportionment of that
additional population and employment growth between 2051 and 2054, as this work was within the Hemson
study rather than the Official Plan. Providing this necessary information to the local municipalities would
require net new effort from the County (and Hemson) to "reverse engineer" from the provincial numbers.
This is what we were looking for to arrive at a population at 2054 to use in the new Bayham Official Plan, as
our planning horizon must conform to the approved County Official Plan per modifications #2 and #3.
Cheers, Jeff
Jeff Henry (he/him), RPP, MCIP
Urban Planner
Arcadis Professional Services (Canada) Inc.
Our new address: 420 Wes Graham Way, Suite 106 I Waterloo, ON I N2L 0J6 I Canada
T +1 519 585 2255
C +1 519 998 5883
www.arcadis.com
IBI Group is now proudly a part of Arcadis.
NOTE: This email message/attachments may contain privileged and confidential information. If received in error, please notify the sender and delete this e-mail message.
NOTE: Ce courriel peut contenir de l'information privilégiée et confidentielle. Si vous avez recu ce message par erreur, veuillez le mentionner immédiatement à l'expéditeur et effacer ce courriel.
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: Friday, October 24, 2025 16:28
To: Mat Vaughan <mvaughan@ELGIN.ca>
Cc: Diana Morris <dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>;
Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: RE: Bayham OP Review Consultation with the County
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the sender
and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Thank you Mat.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 3/10
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Mat Vaughan <mvaughan@ELGIN.ca>
Sent: Friday, October 24, 2025 4:08 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Diana Morris <dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>;
Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: RE: Bayham OP Review Consultation with the County
CAUTION: This email originated from outside of the Municipality of Bayham email system.
Please use caution when clicking links or opening attachments unless you recognize the
sender and know the content is safe.
Good afternoon folks. I have follow up with Hemson and with our consultant who wrote our OP. The
reference to 2054 is an error, and should read 2051, so the data you have from the Pop/Emp study
and land needs assessment is correct. I will be fixing the OP online shortly.
Mat Vaughan, MPlan, RPP, MCIP, CMMIII
Director of Planning and Development
519-631-1460 ext. 194 519.319.3209 (cell)
www.elgincounty.ca450 Sunset Drive, St. Thomas, ON N5R 5V1
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: October 24, 2025 12:53 PM
To: Mat Vaughan <mvaughan@ELGIN.ca>
Cc: Diana Morris <dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>;
Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: FW: Bayham OP Review Consultation with the County
Good Afternoon Mat
Please see the attached Meeting Minutes from October 21st and the below messaging from our
planners in regard to the Bayham OPR meeting and further actions.
We look forward to hearing back from you.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 4/10
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Henry, Jeff <jeff.henry@arcadis.com>
Sent: Friday, October 24, 2025 12:29 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Schnittke, Emily <emily.schnittke@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: Re: Bayham OP Review Consultation with the County
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Hi Margaret,
We have pulled the information the County (Mat Vaughan) had requested in our Official Plan Review
meeting earlier this week.
Can you please forward the following to them? I've highlighted Mat's action from the meeting below.
--
Corinth
The lands addressed as 11147, 11161, and 11185 Culloden Road straddle the Settlement Area
Boundary with some dwellings close to if not straddling the boundary. As discussed, and as originally
included in the Adopted County OP, bringing these lands into the boundary adds 5,454 sq.m. (0.55
ha), and recognizes lot severances approved by LDC in 2017.
Action: Per attached minutes, Bayham Official Plan update will revise the boundary, which
does not require a County OPA per policy 2.9
The lands between 11185 Culloden Road and the rail corridor/11281 Culloden Road form part of a
large Agricultural parcel. The portion of these lands that are within the Settlement Area Boundary have
an average depth of 36.3 m. If the Settlement Area Boundary were to be extended to meet the rear lot
lines of 11147 - 11185 Culloden Road (depth of 80 m), an additional 7,139 sq.m. (0.71 ha) would be
added. The minimum lot frontage for unserviced hamlet residential lands is 20 m, the minimum lot
area is 1,390 sq.m., and the minimum front yard is 7 m (26 m from centre line of Culloden Rd). The lot
fabric opposite these lands has a range of lot frontages (24 m to 87 m; typically 30-45 m) and a fairly
consistent lot depth (60 m to 63 m)
Action: County (Mat) to review and provide further opinion from the County.
Richmond
The lands addressed as 53708, 53710, 53714, and 53768 Heritage Line straddle the Settlement Area
Boundary with some dwellings located outside the boundary. As discussed, and as originally included
in the Adopted County OP, bringing these lands into the boundary adds 12,045 sq.m. (1.20 ha)
without adding new uses.
Action: Per attached minutes, Bayham Official Plan update will revise the boundary, which
does not require a County OPA per policy 2.9
Action: Bayham Official Plan to further revise Richmond Water Resources schedule to include
missing lotting information for these parcels.
The portion of the lands addressed as 53704 Heritage Line immediately to the west of 53708 Heritage
Line between the Settlement Area Boundary and the yellow line (extended rear lot line of 53708
Heritage Line) that you recommended we include on the call total 642 sq.m. (0.06 ha) The effect of
the change will extend the portion of the driveway access included within the Settlement Area
Boundary to even out the lines. These lands were previously suggested to be incorporated into the
Settlement Area boundary at our October 2024 meeting with the County but were not included in the
Adopted County OP.
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 5/10
Action: Per attached minutes, Bayham Official Plan update will revise the boundary, which
does not require a County OPA per policy 2.9
The portion of the lands addressed as 53704 Heritage Line immediately to the east of 53714 Heritage
Line, to the west of 9354 Richmond Road, to the north of the Settlement Area Boundary, and to the
south of the yellow line contain a natural feature (woodlands) regulated by LPRCA. These were
previously suggested to be incorporated into the Settlement Area boundary at our October 2024
meeting with the County but were not included in the Adopted County OP
Action: No change. These lands will remain outside the Settlement Area Boundary in the
Bayham Official Plan.
Overall, the difference between the Adopted County OP and the Approved County OP is 16,433 sq.m.
(i.e. the Adopted OP included 16,433 sq.m. of additional lands through the exercise to adjust
boundary lines to match parcel lines, which did not add new uses to the settlement area). The
additional lands with 53704 Heritage Line to the west of 53708 Heritage Line as noted above bring
this total up to 17,075 sq.m. (1.71 ha).
Action: Per attached minutes, Bayham Official Plan update will revise the boundaries noted
above and make the adjustments to match lot lines south of Heritage Line and along Richmond
Road
Corinth
Richmond
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 6/10
Richmond - Adopted (Black/Dark Purple) v. Approved (Light Purple/Dark Purple)
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
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Jeff Henry (he/him), RPP, MCIP
Urban Planner
Arcadis Professional Services (Canada) Inc.
Our new address: 420 Wes Graham Way, Suite 106 I Waterloo, ON I N2L 0J6 I Canada
T +1 519 585 2255
C +1 519 998 5883
www.arcadis.com
IBI Group is now proudly a part of Arcadis.
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From: Marg Underhill
Sent: Thursday, October 9, 2025 09:05
3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane33 8/10
To: Marg Underhill <MUnderhill@bayham.on.ca>; Mat Vaughan <mvaughan@ELGIN.ca>; Diana Morris
<dmorris@elgin.ca>; Alicia Csoff <acsoff@ELGIN.ca>; Henry, Jeff <jeff.henry@arcadis.com>; Schnittke, Emily
<emily.schnittke@arcadis.com>
Cc: Thomas Thayer <cao@bayham.on.ca>
Subject: Bayham OP Review Consultation with the County
When: Tuesday, October 21, 2025 11:00 AM-12:00 PM.
Where: Zoom Virtual
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Bayham Planning Staff are inviting you to a scheduled Zoom meeting. Please see the agenda with two
attachments included in this invitation.
Topic: Bayham OP Review Consultation with the County
Time: Oct 21, 2025 11:00 AM Eastern Time (US and Canada)
Join Zoom Meeting
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3/20/26, 12:44 PM RE: Bayham OP Review Consultation with the County - Henry, Jeff - Outlook
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February 6, 2026
Ms. Margaret Underhill,
Deputy Clerk / Planning Coordinator
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville, ON N0J 1Y0
Dear Ms. Underhill,
Re: Request for Comment, Municipality of Bayham Final Draft Official Plan, January 2026
Thank you for the opportunity to provide a review of the draft official plan. Our office has had the
opportunity to review the above noted draft of the official plan against the Provincial Planning
Statement (PPS) and the Elgin County Official Plan (OP) and have the following comments to offer:
1. Section 1.1 – The introductory paragraph of the document indicates that the draft OP has a
planning horizon to 2051 (25 years), whereas Section 1.1 of the document identifles a 30-
year planning horizon. Section 2.1.3 of the PPS permits planning horizons between 20 and
30 years. Although this does not present a confiict with the PPS, the Municipality is
encouraged to clarify the intended planning horizon for the OP.
2. Section 3.2.3 – States that lands designated ‘Agricultural Area’ may be converted to another
designation for the purposes of an expansion of a settlement area boundary, or another
non-agricultural use subject to the policies of the PPS, however Section 4.3.4 of the PPS
only permits conversion of agricultural lands for expansion / identiflcation of a settlement
area. As such, it is recommended that this policy be clarifled to more accurately refiect the
policies of the PPS.
3. Section 3.3.11.1 – States, “certain types of farming operations require outside farm labour
to function. As such, the Municipality supports the erection or placement of additional
dwellings on farm parcels where the size or nature of the farming operation warrants
additional dwellings.” The County would encourage the Municipality to reword these
sentences to clarify that additional dwellings are supportable when they are required to
accommodate farm labour.
4. Section 3.3.11.2 – The County would encourage the Municipality to consider applying site
plan control for Large Scale Farm Labour Accommodation development.
5. Sections 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 – These sections of the plan all address non-agricultural
land use designations in the Municipality’s Rural Area. While it is recognized that these
mostly represent areas of existing development, the County would encourage the
Municipality to clarify that new development or the expansion of existing development in
these land use designations are subject to Minimum Distance Separation Formulae.
6. Section 5.2 d) – States that the Municipality shall rely on the expertise of the Conservation
Authority in identifying natural heritage features. It should be noted that under provincial
legislation, conservation authorities can no longer provide input on matters of natural
heritage matters.
7. Section 5.10.1 b) – Notes potential County requirements regarding development flsh habitat
and the habitat of threatened or endangered species. It should be noted that the County
does not regulate development within flsh habitat or the habitat of threatened or
endangered species. These are solely regulated by the provincial and federal governments.
8. Section 6.3.2 – This section speaks broadly to right-of-way widths for roads, but does not
speciflcally identify the design widths for various road classiflcations, including the
County’s road network. It is highly recommended that the Municipality incorporate a list of
road classiflcations for both local and county roads that explicitly indicates their design
widths, to ensure clarity when dedications for road widenings are required.
9. Section 6.3.2.3 – This section speaks to the Municipality’s authority to take land for road
widenings during the development process, but does not note the County’s authority to do
the same. It is recommended that the language of this section be clarifled to also note the
County’s authority in this regard.
10. Section 11.6.7.2 b) – This section references a ‘site plan agreement’ with respect to the
granting of consents when it should more accurately reference a ‘development agreement’
as site plan control is not applicable to land division applications.
We trust that these comments will be helpful as the Municipality flnalizes the Official Plan. The
County would be pleased to discuss any of the above comments further or provide clariflcation as
needed. Please do not hesitate to contact our office should you have any questions or require
additional input. We look forward to continuing to work collaboratively with the Municipality
through the Official Plan review and implementation process.
Sincerely,
Mat Vaughan,
Director of Planning & Development
County of Elgin
1/3
Arcadis Professional Services
(Canada) Inc.
420 Wes Graham Way
Suite 106
Waterloo, Ontario N2L 0J6
Canada
Phone: 519 585 2255
www.arcadis.com
Ms. Margaret Underhill
Deputy Clerk / Planning Coordinator
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville, ON N0J 1Y0
Date: February 26, 2026
Our Ref: 30260140 / 3404
Subject: Response to Elgin County Comments, Final Draft Official Plan (January 2026)
Dear Ms. Underhill,
We have reviewed the letter from Mat Vaughan, Director of Planning & Development for the County of Elgin,
dated February 6, 2026. The letter was a response to the circulation of the Final Draft Official Plan, January 2026
of the Municipality of Bayham.
Please find below our responses to the comments provided in Table 1 below.
In addition, we have attached to this letter the redline revisions to the text of the Final Draft Official Plan arising
from these responses for ease of reference. Additional revisions are anticipated as comments from LPRCA were
received on February 25, 2026 and one public comment was received.
Table 1: Responses to County of Elgin Comments
Section Comment Response
1.1
The introductory paragraph of the document indicates that
the draft OP has a planning horizon to 2051 (25 years),
whereas Section 1.1 of the document identifies a 30-year
planning horizon. Section 2.1.3 of the PPS permits
planning horizons between 20 and 30 years. Although this
does not present a conflict with the PPS, the Municipality is
encouraged to clarify the intended planning horizon for the
OP.
Corrected. Planning horizon
intended to align with County,
being 2051 (25 years).
3.2.3
States that lands designated ‘Agricultural Area’ may be
converted to another designation for the purposes of an
expansion of a settlement area boundary, or another non-
agricultural use subject to the policies of the PPS, however
Section 4.3.4 of the PPS only permits conversion of
agricultural lands for expansion / identification of a
settlement area. As such, it is recommended that this
policy be clarified to more accurately reflect the policies of
the PPS
Clarified. Section revised to note
that the only permitted conversion
of lands designated “Agricultural
Area” is through a settlement area
boundary expansion per PPS
4.3.4, and that the permitted new
or expanded non-agricultural uses
under Subsections 3.5 – 3.10 are
within the lands historically
Margaret Underhill
Municipality of Bayham
February 26, 2026
www.arcadis.com 2/3
PTL_OPR-County-Response
Section Comment Response
designated for such uses,
consistent with Elgin County
Official Plan (EOP) policy 5.18.
3.3.11.1
States, “certain types of farming operations require outside
farm labour to function. As such, the Municipality supports
the erection or placement of additional dwellings on farm
parcels where the size or nature of the farming operation
warrants additional dwellings.” The County would
encourage the Municipality to reword these sentences to
clarify that additional dwellings are supportable when they
are required to accommodate farm labour.
Revised wording to clarify the
establishment of farm labour
accommodation is permitted
subject to criteria, consistent with
EOP policy 5.11.
3.3.11.2
The County would encourage the Municipality to consider
applying site plan control for Large Scale Farm Labour
Accommodation development.
Clarified that Site Plan Control is
applicable.
3.5-3.10
These sections of the plan all address non-agricultural land
use designations in the Municipality’s Rural Area. While it
is recognized that these mostly represent areas of existing
development, the County would encourage the Municipality
to clarify that new development or the expansion of existing
development in these land use designations are subject to
Minimum Distance Separation Formulae.
References to MDS added at
applicable subsections.
5.2(d)
States that the Municipality shall rely on the expertise of
the Conservation Authority in identifying natural heritage
features. It should be noted that under provincial
legislation, conservation authorities can no longer provide
input on matters of natural heritage matters.
Revised to remove reference to
LPRCA.
5.10.1(b)
Notes potential County requirements regarding
development fish habitat and the habitat of threatened or
endangered species. It should be noted that the County
does not regulate development within fish habitat or the
habitat of threatened or endangered species. These are
solely regulated by the provincial and federal governments.
Removed reference to County in
5.10.1(a). No reference to County
in (b).
6.3.2
This section speaks broadly to right-of-way widths for
roads, but does not specifically identify the design widths
for various road classifications, including the County’s road
network. It is highly recommended that the Municipality
incorporate a list of road classifications for both local and
county roads that explicitly indicates their design widths, to
ensure clarity when dedications for road widenings are
required.
Revised to use the base
language from EOP policy 8.3,
modified to provide specific right-
of-way ranges for Municipal roads
similar to the approach of the
County. The subsection clarifies
that the required right-of-way
width is determined by the
authority having jurisdiction, which
Margaret Underhill
Municipality of Bayham
February 26, 2026
www.arcadis.com 3/3
PTL_OPR-County-Response
Section Comment Response
necessarily includes the County
for County roads.
6.3.2.3
This section speaks to the Municipality’s authority to take
land for road widenings during the development process,
but does not note the County’s authority to do the same. It
is recommended that the language of this section be
clarified to also note the County’s authority in this regard.
Revised to clarify conveyance is
to the authority having jurisdiction.
Subsection 6.3.2.1 is similarly
revised.
11.6.7.2(b)
This section references a ‘site plan agreement’ with
respect to the granting of consents when it should more
accurately reference a ‘development agreement’ as site
plan control is not applicable to land division applications.
Revised to development
agreement.
Conclusion
We trust that the responses provided address the comments of the County. We are available to engage in further
discussions with the County if required prior to adoption, recognizing opportunities will also exist after adoption
and prior to approval to discuss any potential modifications deemed appropriate by the County.
Sincerely,
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP
Urban Planner
Email: jeff.henry@arcadis.com
Direct Line: 519-585-2255
Mobile: 519-998-5883
Enclosures:
Revisions to Final Draft Official Plan
Revisions in Final Draft Official Plan
www.arcadis.com Arcadis Professional Services (Canada) Inc., 420 Wes Graham Way, Suite 106, Waterloo, Ontario, 519 585 2255 1/13 Revisions-to-Final-Draft-OP_County-Comments
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
1 1.1
An Official Plan is a strategic document
that describes how and where a
municipality will grow over a 30-year
planning horizon.
An Official Plan is a strategic document
that describes how and where a
municipality will grow over a 25-year
planning horizon.
Planning horizon intended to align
with County, being 2051 (25 years).
2 3.2.3
The conversion of lands designated
“Agricultural Area” to other uses shall be
strongly discouraged. Any such request
will require an Official Plan
Amendment and Zoning By-law
Amendment and be subject to the
following policies:
a) Requests to expand a settlement
area boundary shall be
considered in accordance with
provincial policy and the policies
of this Plan, recognizing the
excess of residentially designated
lands described in Subsection
1.1.
Requests for new or expanded non-
agricultural uses shall be subject to the
policies of the Provincial Planning
Statement for non-agricultural uses in
prime agricultural areas and the
applicable policies of Subsections 3.5
through 3.10 of this Plan.
The conversion of lands designated
“Agricultural Area” to other uses shall be
strongly discouraged. Requests to
expand a settlement area boundary will
require an Official Plan Amendment
and Zoning By-law Amendment and
shall be considered in accordance with
provincial policy and the policies of this
Plan, recognizing the excess of
residentially designated lands described
in Subsection 1.1.
Requests for new or expanded non-
agricultural uses within lands
historically designated for non-
agriculture and non-resource uses
shall be subject to the applicable
policies of Subsections 3.5 through 3.10
of this Plan as well as Subsection 3.2.8,
Minimum Distance Separation (MDS)
Formulae.
Clarified that the only permitted
conversion of lands designated
“Agricultural Area” is through a
settlement area boundary
expansion per PPS 4.3.4, and that
the permitted new or expanded non-
agricultural uses under Subsections
3.5 – 3.10 are within the lands
historically designated for such
uses, consistent with EOP 5.18.
3 3.3.11
Certain types of farming operations
require outside farm labour to function. As
such, the Municipality supports the
Certain types of farming operations
require outside farm labour to function. As
such, the establishment of farm labour
Revised wording to clarify the
establishment of farm labour
accommodation is permitted subject
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_County-Comments
2/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
erection or placement of additional
dwellings on farm parcels where the
size or nature of the farming operation
warrants additional dwellings. The
establishment of farm labour
accommodation is permitted in the
“Agricultural Area”, subject to the following
policies:
a) Minor Variance: Such dwellings may
only be permitted by a minor variance
to the Zoning By-law and may not be
severed from the farm operation;
b) Built-Form: Such dwellings may be
temporary dwellings in the form of a
mobile home or modular home; or a
permanent dwelling in the form of a
converted dwelling or bunkhouse;
c) Alternative Location(s):
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;
a) Need: Sufficient information must be
provided which outlines how the type,
scale, and/or size of the farm
operation warrant the need for a
supplementary farm dwelling;
accommodation is permitted in the
“Agricultural Area”, subject to the
following policies:
a) Minor Variance: Such
accommodations may only be
permitted by a minor variance to the
Zoning By-law and may not be
severed from the farm operation;
b) Built-Form: Such accommodations
may be temporary building(s) in the
form of a mobile home or modular
home; or a permanent building(s) in
the form of a converted dwelling or
bunkhouse;
c) Alternative Location(s):
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;
d) Need: Sufficient information must be
provided which outlines how the type,
scale, and/or size of the farm
operation warrant the need for the
proposed farm labour
accommodation(s);
e) Existing accommodations: Sufficient
justification must be provided to show
how any existing farm labour
to criteria, consistent with EOP
5.11.
Reviewing the section, the
references to supplementary farm
dwelling and dwelling unit was also
corrected to the new language of
farm labour accommodations in
building(s).
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_County-Comments
3/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
b) Existing dwellings: Sufficient
justification must be provided to show
how any existing farm labour
dwelling units that are part of the
farming operation can’t satisfy the
housing needs of the farming
operation;
c) Location: Sufficient justification must
be provided to show how the location
of the farm labour dwelling unit
makes efficient use of existing
services and infrastructure and how
the location will not impact
surrounding land uses. Preference will
be given to close proximity to principal
farm dwellings and the use of natural
landscaping to buffer temporary
dwellings from surrounding land uses;
d) Size and Type: The farm labour
dwelling unit is of a minimum size
and type that can accommodate both
health unit and building code
requirements, and shall be no larger
than necessary to accommodate the
needs of the temporary farm help
residing in the dwelling. Preference
will be given to temporary dwellings,
or alternatively permanent dwellings
that are one storey in height, with a
cumulative maximum floor area of
approximately 167 m2 for all farm
accommodations that are part of the
farming operation can’t satisfy the
housing needs of the farming
operation;
f) Location: Sufficient justification must
be provided to show how the location
of the farm labour accommodation
makes efficient use of existing
services and infrastructure and how
the location will not impact
surrounding land uses. Preference
will be given to close proximity to
principal farm dwellings and the use
of natural landscaping to buffer
temporary dwellings from surrounding
land uses;
g) Size and Type: The farm labour
accommodation is of a minimum
size and type that can accommodate
both health unit and building code
requirements, and shall be no larger
than necessary to accommodate the
needs of the temporary farm help
residing in the accommodation.
Preference will be given to temporary
building(s), or alternatively
permanent building(s) that are one
storey in height, with a cumulative
maximum floor area of approximately
167 m2 for all farm labour
accommodations on the lot;
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_County-Comments
4/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
labour accommodation dwelling(s)
on the lot;
e) Rural Character: The temporary
dwellings, or alternatively permanent
dwellings, address visual impacts on
rural character through architecture,
massing, and landscaping;
f) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary dwellings, or alternatively
permanent dwellings;
g) Services: The farm labour dwelling
unit must demonstrate an adequate
supply of potable water and sanitary
sewage disposal system to the
satisfaction of the Municipality.
Preference will be given to dwellings
which can make use of existing
services; and,
Vehicular access: The farm labour
dwelling unit must demonstrate how
vehicular access will not contribute to any
traffic-related hazards to the satisfaction
of the appropriate road authority.
Preference will be given to the use of
existing driveways.
h) Rural Character: The temporary
building(s), or alternatively
permanent building(s), address
visual impacts on rural character
through architecture, massing, and
landscaping;
i) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary building(s), or
alternatively permanent building(s);
j) Services: The farm labour
accommodation must demonstrate
an adequate supply of potable water
and sanitary sewage disposal system
to the satisfaction of the Municipality.
Preference will be given to
building(s) which can make use of
existing services; and,
Vehicular access: The farm labour
accommodation must demonstrate how
vehicular access will not contribute to any
traffic-related hazards to the satisfaction
of the appropriate road authority.
Preference will be given to the use of
existing driveways.
4 3.3.11.2
Farm labour accommodation that cannot
comply with the policies in Subsection
3.3.12.1 above are referred to as “Large
Scale Farm Labour Accommodation” and
may be permitted for temporary
Farm labour accommodation that cannot
comply with the policies in Subsection
3.3.12.1 above are referred to as “Large
Scale Farm Labour Accommodation” and
may be permitted for temporary
Clarified that a Site Plan Application
is required for Large Scale Farm
Labour Accommodation, consistent
with current practice and as
requested by the County. Further
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_County-Comments
5/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
accommodation of seasonal farm labour
through temporary dwellings, or a
permanent dwelling subject to a Site-
Specific Official Plan and Zoning By-law
Amendment based on the following
criteria:
a) Alternative Location(s):
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;
b) Rural Character: The temporary
dwellings, or alternatively permanent
dwellings, address visual impacts on
rural character through architecture,
massing, and landscaping;
c) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary dwellings, or alternatively
permanent dwellings;
…
accommodation of seasonal farm labour
through temporary dwellings or a
permanent dwelling, subject to a Site-
Specific Official Plan and Zoning By-law
Amendment and a Site Plan Application
based on the following criteria:
a) Alternative Location(s):
Demonstration that alternative
locations for the accommodation in
existing farm labour
accommodation 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;
b) Rural Character: The temporary
building(s), or alternatively
permanent building(s), address
visual impacts on rural character
through architecture, massing, and
landscaping;
c) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary building(s), or
alternatively permanent building(s);
…
clarified both temporary and
permanent dwellings are subject to
the noted applications and policies
through relocated comma.
Reviewing the section, the
references to supplementary farm
dwelling was also corrected to the
new language of farm labour
accommodations in building(s).
5 3.3.11.3
The Municipality may enter into an
agreement with the applicant relating to
such matters as location, maintenance,
buffering, removal, and period of
The Municipality may enter into a
development agreement with the
applicant relating to such matters as
location, maintenance, buffering, removal,
Clarifying the type of agreement,
which is secured either through a
Minor Variance (Farm Labour
Accommodation) or Site Plan
Revisions to the Final Draft Official Plan
February 26, 2026
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
occupancy of any Farm Labour
Accommodation, as well as any other
matters deemed appropriate to ensure
that the dwelling is used for its intended
purpose of providing housing for farm
help.
and period of occupancy of any Farm
Labour Accommodation, as well as any
other matters deemed appropriate to
ensure that the building(s) is used for its
intended purpose of providing housing for
farm help.
Control (Large Scale Farm Labour
Accommodation).
Reviewing the section, the
references to supplementary farm
dwelling was also corrected to the
new language of farm labour
accommodations in building(s).
6 3.5.2
Development of Mobile Home Parks is
limited to expansions of existing parks or
to new parks within settlement areas as
designated on the Schedules of this Plan.
The expansion of any of the listed existing
parks above, will be subject to the policies
of Subsection 4.5 of this Plan. Proposed
expansion of Mobile Home Parks into the
“Agricultural Area” designation shall be
discouraged and may only be considered
by a site-specific Official Plan Amendment
and an accompanying Zoning By-law
Amendment, subject to the policies of the
Provincial Planning Statement for non-
agricultural uses in prime agricultural
areas and applicable policies of this Plan.
Development of Mobile Home Parks is
limited to expansions of existing parks or
to new parks within settlement areas as
designated on the Schedules of this Plan.
The expansion of any of the listed
existing parks above, will be subject to
the policies of Subsections 3.2.8 and 4.5
of this Plan. Proposed expansion of
Mobile Home Parks into the “Agricultural
Area” designation shall be discouraged
and may only be considered by a site-
specific Official Plan Amendment and an
accompanying Zoning By-law
Amendment, subject to the policies of the
Provincial Planning Statement for non-
agricultural uses in prime agricultural
areas, the Minimum Distance
Separation Formulae, and applicable
policies of this Plan.
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
7 3.6.1
Seasonal travel trailer parks and
campgrounds may be permitted in areas
designated “Seasonal Travel Trailer Parks
and Campgrounds” on Schedule “B” of
this Plan. Subject to the policies of
Seasonal travel trailer parks and
campgrounds may be permitted in areas
designated “Seasonal Travel Trailer
Parks and Campgrounds” on Schedule
“B” of this Plan. Subject to the policies of
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
Revisions to the Final Draft Official Plan
February 26, 2026
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
Subsection 3.2 of this Plan and the
Provincial Policy Statement, it shall be the
policy of this Plan to encourage new
seasonal travel trailer parks or
campgrounds to locate in areas conducive
to such development. Such areas should
be part of the Otter Creek System, or on
the shoreline of Lake Erie where
exceptional scenic vistas, aesthetic
settings and recreational opportunities
exist, subject to the policies of this Plan
including Section 8 (Development
Hazards). Consideration in the evaluation
of proposed seasonal travel trailer parks
or campgrounds shall be in accordance
with Subsection 4.6 of this Plan.
Subsection 3.2 of this Plan and the
Provincial Policy Statement, it shall be the
policy of this Plan to encourage new
seasonal travel trailer parks or
campgrounds to locate in areas
conducive to such development. Such
areas should be part of the Otter Creek
System, or on the shoreline of Lake Erie
where exceptional scenic vistas, aesthetic
settings and recreational opportunities
exist, subject to the policies of this Plan
including Subsection 3.2.8 (Minimum
Distance Separation (MDS) Formulae)
and Section 8 (Development Hazards).
Consideration in the evaluation of
proposed seasonal travel trailer parks or
campgrounds shall be in accordance with
Subsection 4.6 of this Plan.
8 3.7.4
In order to protect the surrounding
resource lands from the effects of the
proposed use, the proposed institutional
use should meet, in addition to the
policies of this Plan, the following criteria:
In order to protect the surrounding
resource lands from the effects of the
proposed use, the proposed institutional
use is subject to the Minimum
Distance Separation Formulae and
should meet, in addition to the policies of
this Plan, the following criteria:
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
9 3.8.1
All commercial uses are encouraged to be
located within settlement areas.
Notwithstanding this, commercial uses
may be permitted in areas currently
designated “Commercial / Highway
Commercial” on Schedule “B” of this Plan.
All commercial uses are encouraged to
be located within settlement areas.
Notwithstanding this, commercial uses
may be permitted in areas currently
designated “Commercial / Highway
Commercial” on Schedule “B” of this Plan
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
Revisions to the Final Draft Official Plan
February 26, 2026
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
subject to the Minimum Distance
Separation Formulae.
10 3.8.3
The establishment of new, or expansion
of existing, commercial uses in the Rural
Area shall be discouraged and may only
be considered by a site-specific Official
Plan Amendment and an accompanying
Zoning By-law Amendment. The following
policies shall govern the development and
zoning of commercial uses, which shall be
included in a ‘Highway Commercial Zone’
or ‘Rural Commercial Zone’ in the Zoning
By-law and which are subject to the
policies of the Provincial Planning
Statement for non-agricultural uses in
prime agricultural areas, where
applicable:
The establishment of new, or expansion
of existing, commercial uses in the Rural
Area shall be discouraged and may only
be considered by a site-specific Official
Plan Amendment and an accompanying
Zoning By-law Amendment. In addition
to the Minimum Distance Separation
Formulae per Subsection 3.2.8, the
following policies shall govern the
development and zoning of commercial
uses, which shall be included in a
‘Highway Commercial Zone’ or ‘Rural
Commercial Zone’ in the Zoning By-law
and which are subject to the policies of
the Provincial Planning Statement for
non-agricultural uses in prime agricultural
areas, where applicable:
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
11 3.9.2
In order to protect the surrounding
resource lands from the effects of the
proposed use, the proposed recreational
use should meet, in addition to the
policies of this Plan, the following criteria:
In order to protect the surrounding
resource lands from the effects of the
proposed use, the proposed recreational
use is subject to the Minimum
Distance Separation Formulae and
should meet, in addition to the policies of
this Plan, the following criteria:
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
12 3.10.2
Industrial uses in locations other than the
Bayham Industrial Park may be permitted
on a limited basis subject to an Official
Plan Amendment and an accompanying
Zoning By-law Amendment, and provided
they meet all other applicable policies of
Industrial uses in locations other than the
Bayham Industrial Park may be permitted
on a limited basis subject to an Official
Plan Amendment and an accompanying
Zoning By-law Amendment, provided
they meet the Minimum Distance
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
this Plan, and the Zoning By-law
regulations for industrial uses.
Separation Formulae, all other
applicable policies of this Plan, and the
Zoning By-law regulations for industrial
uses.
13 5.2(d)
The Municipality shall rely on the
expertise of the Province and the Long
Point Region Conservation Authority in
identifying potential natural heritage
features; and,
The Municipality shall rely on the
expertise of the Province in identifying
potential natural heritage features; and,
Revised to recognize provincial
changes to the scope of
Conservation Authorities.
14 5.10.1(a)
has reasonable confirmation that
development can proceed in accordance
with County, provincial and/or federal
requirements; and
has reasonable confirmation that
development can proceed in accordance
with provincial and/or federal
requirements; and
Removed reference to County as
jurisdiction for fish habitat or the
habitat of threatened or endangered
species is provincial and/or federal.
15 6.3.1
Roads in the Municipality shall be
classified into a hierarchy on the basis of
jurisdiction, function, user characteristics,
speed and interconnections. The
classification of roads and the existing
and proposed road system is shown on all
Schedules and Appendices of this Plan,
and are identified as follows:
Provincial Highways - Provincial
Highways are designed to provide a traffic
moving function and are not intended to
service adjacent lands. Provincial
Highways typically service high volumes
of traffic at high speeds.
County Roads – County Roads are
designed to provide a range of traffic
volumes for moving people and goods
Roads in the Municipality shall be
classified into a hierarchy on the basis of
jurisdiction, function, user characteristics,
speed and interconnections. The
classification of roads and the existing
and proposed road system is shown on
all Schedules and Appendices of this
Plan, and are identified as follows:
Provincial Highways - Provincial
Highways are designed to provide a
traffic moving function and are not
intended to service adjacent lands.
Provincial Highways typically service high
volumes of traffic at high speeds.
County Roads – County Roads are
designed to provide a range of traffic
volumes for moving people and goods
Added definition of Collector Roads,
being one of two classifications of
Municipal Roads. County Rural
Collector Roads and County Urban
Collector Roads are included within
the definition of County Roads for
the purposes of this plan.
Two minor typos are also corrected
for consistency in nomenclature.
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
throughout the County of Elgin and to
adjacent municipalities.
Local Roads – Local Road are
Municipally-owned roads which are
intended to provide access to abutting
properties, to serve destinations as
opposed to through traffic, and to act as
feeders to the arterial road system.
Private Roads - Private roads are lanes,
driveways, roads, or rights-of-way
maintained by private individuals or
bodies. It is the policy of this Plan to limit
new development on private roads. The
creation of a new lot for any purpose on a
private road outside of a plan of
condominium is not permitted, unless
specifically permitted in this Plan.
throughout the County of Elgin and to
adjacent municipalities.
Collector Roads – Collector Roads are
Municipally-owned roads which are
intended to provide both access to
abutting properties and traffic
movement between local roads, other
collector roads, and the arterial road
system. Collector Roads are listed in
Table 2.
Local Roads – Local Roads are
Municipally-owned roads which are
intended to provide access to abutting
properties, to serve destinations as
opposed to through traffic, and to act as
feeders to the arterial road system.
Private Roads - Private Roads are lanes,
driveways, roads, or rights-of-way
maintained by private individuals or
bodies. It is the policy of this Plan to limit
new development on private roads. The
creation of a new lot for any purpose on a
private road outside of a plan of
condominium is not permitted, unless
specifically permitted in this Plan.
16 6.3.2
The required right-of-way width (or road
allowance) of a road or highway shall be
determined by the authority having
jurisdiction. Generally, Municipality of
The required right-of-way width (or road
allowance) of a road or highway shall be
determined by the authority having
jurisdiction.
Policy is revised to use the base
language from EOP policy 8.3,
modified to provide specific right-of-
way ranges for Municipal roads
Revisions to the Final Draft Official Plan
February 26, 2026
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11/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
Bayham-owned arterial roads shall
have a right-of-way ranging from 20
metres to 30 metres. Local roads shall
have a right-of-way ranging from 20
metres to 26 metres. In some cases,
such as cul-de-sacs and short streets,
consideration may be given to road
allowances that are less than 20
metres in width; however, in no case
shall a road allowance be created that
is less than 15 metres in width.
The right-of-way width for any public road
may allow for the placement of travel
lanes, turning lanes, utilities,
infrastructure, high occupancy vehicle
lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped
boulevards, where appropriate.
New roads and re-constructed roads
under the Municipality’s jurisdiction
shall be developed to comply with the
following standards:
Collector Roads shall have a right-of-
way width of between 20 metres and
26 metres.
Local Roads shall have a right-of-way
width of 20 metres, with site-specific
consideration of no less than 15
metres for cul-de-sacs or short streets
Land dedications for roads and/or road
widening purposes shall be dedicated
to the authority having jurisdiction at
no expense. Where ranges of a
standard are provided, it shall be at
the sole discretion of the Municipality
to determine the appropriate standard.
Deviations from these standards may
be considered when:
a) the location of an identified
cultural heritage resource
limits design options; and/or
b) the presence of a natural
system feature or mature trees
limits design options.
similar to the approach of the
County. The subsection clarifies
that the required right-of-way width
is determined by the authority
having jurisdiction, which
necessarily includes the County as
the applicable authority for County
roads.
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
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12/13
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
The right-of-way width for any public road
may allow for the placement of travel
lanes, turning lanes, utilities,
infrastructure, high occupancy vehicle
lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped
boulevards, where appropriate.
17 6.3.2.1
In addition to the road right-of-way width
in Subsection 6.3.2, the Municipality
may, without the need for an amendment
to this Plan, require the dedication of
lands to be used for ‘daylight triangles’, to
provide sufficient sight distances and
turning lanes to provide safe and
appropriate access where major traffic
generators intersect. Where additional
land is required for intersection
improvements, such land shall be
dedicated to the Municipality at no
expense.
In addition to the road right-of-way width
in Subsection 6.3.2, the authority having
jurisdiction may, without the need for an
amendment to this Plan, require the
dedication of lands to be used for
‘daylight triangles’, to provide sufficient
sight distances and turning lanes to
provide safe and appropriate access
where major traffic generators intersect.
Where additional land is required for
intersection improvements, such land
shall be dedicated to the authority
having jurisdiction at no expense.
Revised to clarify conveyance is to
the authority having jurisdiction.
18 6.3.2.3
As a condition of a development approval,
land for road widenings shall be conveyed
at no expense to the Municipality in
accordance with the provisions of the
Planning Act. As a general principle,
required road widenings will be taken
equally from both sides of the right-of-
way. Unequal road widenings may be
considered by the Municipality where the
area is affected by a topographic feature
which is difficult to overcome or costly to
develop for road purposes.
As a condition of a development
approval, land for road widenings shall be
conveyed at no expense to the authority
having jurisdiction in accordance with
the provisions of the Planning Act. As a
general principle, required road widenings
will be taken equally from both sides of
the right-of-way. Unequal road widenings
may be considered by the Municipality
where the area is affected by a
topographic feature which is difficult to
Revised to clarify conveyance is to
the authority having jurisdiction.
Revisions to the Final Draft Official Plan
February 26, 2026
www.arcadis.com
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
overcome or costly to develop for road
purposes.
19 Table 2
(New)
[Table 2 added at end of Subsection
6.3.2, listing all Collector Roads by
segment; subsequent Tables and
references renumbered accordingly]
Revised to include a specific list of
Municipally-owned Collector Roads.
20
Schedules
A, B, B1, B2,
B3, C, D,
and
Appendix 1,
2
Base Features
…
Local Roads
Base Features
…
Municipal Roads
Revised as Municipal Roads
includes both Local Roads and
Collector Roads.
21 11.6.7.2(b)
The policies of this Plan and the
requirements of the Municipality regarding
consents may be implemented through a
site plan agreement between the
Municipality and the applicant pursuant to
the Planning Act.
The policies of this Plan and the
requirements of the Municipality
regarding consents may be implemented
through a development agreement
between the Municipality and the
applicant pursuant to the Planning Act.
Clarified the form of agreement is a
development agreement.
Outlook
FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
From Marg Underhill <MUnderhill@bayham.on.ca>
Date Wed 2026-02-18 10:11
To Henry, Jeff <jeff.henry@arcadis.com>
Cc Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the
sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Good Morning Jeff
Please see the LPRCA message below and provide a response.
Thank you.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: planning <planning@lprca.on.ca>
Sent: Wednesday, February 18, 2026 8:59 AM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good morning Marg,
LPRCA staff have been reviewing final draft OP and will be sending some comments/recommendations shortly,
however, there is one section we were hoping for some clarification on. Regarding section 8.13 – Development
Subject to a Planning Act Approval, what are some example situations where the municipality would expect this
to apply?
LPRCA staff interpret this as essentially saying: when there is a planning application for a property that contains
natural hazards, but the associated development is exempt from a permit from LPRCA, that the municipality will
still consult with LPRCA to ensure any concerns are addressed by making them conditions for approval.
LPRCA would be circulated to provide comments on any planning application where the property contains natural
hazards as always, so when would a formal development agreement be anticipated? Or, is this being
misinterpreted on our end?
2/18/26, 1:47 PM FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane9 1/2
Thanks and look forward to your response,
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: January 28, 2026 4:38 PM
To: Thomas Thayer <cao@bayham.on.ca>; Meagan Elliott <MElliott@bayham.on.ca>; Bell
<planninganddevelopment@bell.ca>; Bell Circulations <circulations@bell.ca>; Canada Post 2
<connie.richardson@canadapost.ca>; Circulations Intake Planning & Environmental Design <mmm@mmm.ca>;
County Planning <planning@elgin.ca>; Eastlink <engineering.request@corp.eastlink.ca>; Elgin Federation of
Agriculture <elginfarmers@gmail.com>; Enbridge Gas <ONTLands@enbridge.com>; EPCOR <gas@epcor.com>;
Hydro One <landuseplanning@hydroone.com>; Hydro One - Alex Yang <alex.yang@hydroone.com>;
Infrastructure Ontario <NoticeReview@infrastructureontario.ca>; LDCSB Planning <planning@ldcsb.ca>; planning
<planning@lprca.on.ca>; Metis <consultations@metisnation.org>; MPAC <MR23Enquiry@mpac.ca>; NFTC Sales
<sales@nftctelecom.com>; Ontario Power Gen Corporation (executivevp.lawanddevelopment@opg.com)
<executivevp.lawanddevelopment@opg.com>; ORHMA-Restaurant Assoc. <info@orhma.com>; Rogers
Communication <Newdevelopment@rci.rogers.com>; Southwestern Public Health
<environmentalhealth@swpublichealth.ca>; TVDSB Planning <planning@tvdsb.ca>
Cc: DCS Planning General Email <planning@norfolkcounty.ca>; Allison Adams <aadams@malahide.ca>;
planning@tillsonburg.ca; planning@oxfordcounty.ca
Subject: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Please see the attached Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham
Official Plan Review.
Please forward any questions to the undersigned.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
2/18/26, 1:47 PM FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review - Henry, Jeff - Outlook
about:blank?windowId=SecondaryReadingPane9 2/2
Outlook
FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
From Marg Underhill <MUnderhill@bayham.on.ca>
Date Wed 2026-02-18 14:48
To LPRCA Planning <planning@lprca.on.ca>
Cc Henry, Jeff <jeff.henry@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the
sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Good Afternoon, Braedan
Your comments were forwarded to our municipal planner.
Please see the response below.
Please let me know if you have further questions or comments.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Henry, Jeff <jeff.henry@arcadis.com>
Sent: Wednesday, February 18, 2026 2:28 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Subject: Re: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Hello Margaret,
The intent of Section 8.13 was to proactively address potential regulations enabling Subsection 28(4.1)-
(4.2) of the Conservation Authorities Act, as provided by Subsection 40(1)(g). Updates to O. Reg. 41/24
or any other regulation have not (to date) included enabling language under those subsections to
exempt development activities that are part of a development authorized under the Planning Act in
prescribed municipalities.
Should the above noted subsection of the Conservation Authorities Act be enabled through future
regulations to include the Municipality of Bayham, we understand that LPRCA circulation/permitting
2/18/26, 3:00 PM Inbox - Henry, Jeff - Outlook
https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0A2xrCSnVar0WeU5pMKtpusAAC4QBCOwAA?nativeVer…1/4
could potentially no longer be required or permitted in hazardous lands, wetlands, and river or stream
valleys, notwithstanding the overriding public interest in regulating such developments.
The references to conditions of approval and development agreements are necessarily broad, and are
intended to include conditions of approval arising from Minor Variances, Consents, and Plans of
Subdivision or development agreements as part of Site Plan Approvals.
This language was included in the First Draft Official Plan released in December 2024 and has not been
modified. Nothing in Section 8 has been modified in the Final Draft Official Plan released in January
2026, except a missed renumbering typo on an internal references within Subsection 8.14.
We hope that provides clarification on the intent and we would welcome comments from LPRCA.
Cheers, Jeff
Jeff Henry (he/him), RPP, MCIP
Urban Planner
Arcadis Professional Services (Canada) Inc.
Our new address: 420 Wes Graham Way, Suite 106 I Waterloo, ON I N2L 0J6 I Canada
T +1 519 585 2255
C +1 519 998 5883
www.arcadis.com
IBI Group is now proudly a part of Arcadis.
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From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: Wednesday, February 18, 2026 10:11
To: Henry, Jeff <jeff.henry@arcadis.com>
Cc: Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Subject: FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
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Good Morning Jeff
Please see the LPRCA message below and provide a response.
Thank you.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
2/18/26, 3:00 PM Inbox - Henry, Jeff - Outlook
https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0A2xrCSnVar0WeU5pMKtpusAAC4QBCOwAA?nativeVer…2/4
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: planning <planning@lprca.on.ca>
Sent: Wednesday, February 18, 2026 8:59 AM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good morning Marg,
LPRCA staff have been reviewing final draft OP and will be sending some comments/recommendations shortly,
however, there is one section we were hoping for some clarification on. Regarding section 8.13 – Development
Subject to a Planning Act Approval, what are some example situations where the municipality would expect this
to apply?
LPRCA staff interpret this as essentially saying: when there is a planning application for a property that contains
natural hazards, but the associated development is exempt from a permit from LPRCA, that the municipality will
still consult with LPRCA to ensure any concerns are addressed by making them conditions for approval.
LPRCA would be circulated to provide comments on any planning application where the property contains natural
hazards as always, so when would a formal development agreement be anticipated? Or, is this being
misinterpreted on our end?
Thanks and look forward to your response,
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: January 28, 2026 4:38 PM
To: Thomas Thayer <cao@bayham.on.ca>; Meagan Elliott <MElliott@bayham.on.ca>; Bell
<planninganddevelopment@bell.ca>; Bell Circulations <circulations@bell.ca>; Canada Post 2
<connie.richardson@canadapost.ca>; Circulations Intake Planning & Environmental Design <mmm@mmm.ca>;
County Planning <planning@elgin.ca>; Eastlink <engineering.request@corp.eastlink.ca>; Elgin Federation of
Agriculture <elginfarmers@gmail.com>; Enbridge Gas <ONTLands@enbridge.com>; EPCOR <gas@epcor.com>;
Hydro One <landuseplanning@hydroone.com>; Hydro One - Alex Yang <alex.yang@hydroone.com>;
Infrastructure Ontario <NoticeReview@infrastructureontario.ca>; LDCSB Planning <planning@ldcsb.ca>; planning
<planning@lprca.on.ca>; Metis <consultations@metisnation.org>; MPAC <MR23Enquiry@mpac.ca>; NFTC Sales
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Cc: DCS Planning General Email <planning@norfolkcounty.ca>; Allison Adams <aadams@malahide.ca>;
2/18/26, 3:00 PM Inbox - Henry, Jeff - Outlook
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planning@tillsonburg.ca; planning@oxfordcounty.ca
Subject: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Please see the attached Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham
Official Plan Review.
Please forward any questions to the undersigned.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
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2/18/26, 3:00 PM Inbox - Henry, Jeff - Outlook
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Municipality of Bayham February 25, 2026
56169 Heritage Line
Straffordville, ON
N0J 1Y0
Attention: Municipality of Bayham Planning Department
RE: Final Draft of Municipality of Bayham’s new Official Plan
Long Point Region Conservation Authority (LPRCA) staff have reviewed the above-noted updates
proposed to the Municipality of Bayham’s Official Plan with respect to provincial land use planning and
development interests in areas subject to natural hazards, as per the delegated responsibility of this
Conservation Authority.
The overall intent of Chapter 5.0 - Protecting Public Health and Safety of the Provincial Planning
Statement, 2024, is to reduce the potential public cost and/or risk to Ontario’s residents from natural
or human-made hazards. As such, “development shall be directed away from areas of natural or
human-made hazards where there is an unacceptable risk to public health or safety or of property
damage, and not create new or aggravate existing hazards”. With this is mind, upon review of the
proposed draft OP, LPRCA staff have noted (below) some recommendations to improve clarity and
ensure consistency with Chapter 5 of the PPS.
# Section(s) Page(s) Current Draft Policy Comments/Recommendations
1 3.2.10
4.2.6
24, 52 Includes reference to various ARU
requirements in settlement and
agricultural areas.
In addition to being subject to appropriate land
use, size, and locational criteria, including
servicing and access requirements, the updated
OP should also recognize that ARUs should not
be permitted in areas subject to flooding
hazards, erosion hazards and/or dynamic beach
hazards. Furthermore, ARUs should not be
permitted in areas that would be rendered
inaccessible to people and vehicles during
times of flooding hazards, erosion hazards
and/or dynamic beach hazards.
2 4.4.8.7 62 “Lands within the area designated
“Open Space” may be susceptible to
hazardous conditions other than those
associated with flooding. As such, prior
to an Official Plan Amendment to
redesignate land from the Open Space
designation, written approval from the
Conservation Authority must be
obtained, if required by the
Municipality.”
If an OPA is proposed on any property subject
to natural hazards, the municipality is always
required to circulate the application to LPRCA
for review and comment with regards to
Chapter 5 of the PPS. There is no independent
“approval” granted by the Conservation
Authority for planning applications. However,
permits from LPRCA may be required for future
development proposals on the lands.
# Section(s) Page(s) Current Draft Policy Comments/Recommendations
3 5.2 (d) 68 “The Municipality shall rely on the
expertise of the Province and the Long
Point Region Conservation Authority in
identifying potential natural heritage
features”
Due to recent changes to the Conservation
Authorities Act, Conservation Authorities are no
longer able to provide review services with
respect to natural heritage. Despite this
change, LPRCA continues to regulate
development activities in and within 30 metres
if identified wetlands.
4 5.7 –
Development
In & Adjacent
to Wetlands
72 “Development and site alteration in
significant wetlands and coastal
wetlands is prohibited and is regulated
by conservation authorities under the
Conservation Authorities Act, with
specific regard to interference with
their hydrogeological function…”
All Provincially-Significant and Locally-
Significant Wetlands are regulated by LPRCA,
this includes coastal and inland wetlands.
5 6.4.9.2 88 “…The Municipality may require
applications for development or re-
development to include a stormwater
management plan prepared by a
qualified professional, in accordance
with the policies of this Section and
other applicable policies of this Plan, to
the satisfaction of the Municipality.”
The stormwater management plan may also
need to be prepared in accordance with
requirements of LPRCA, when applicable.
6 8.7 –
Floodplains;
Schedule B2
103-
105
Includes various policies for floodplain
development in Vienna, separated by
floodway and flood fringe.
The most recent/accurate floodplain
delineation study for Big Otter Creek through
Vienna was conducted in 2020. This study
completed updated mapping for the 100-year
floodplain and the regional floodplain and did
not re-evaluate flood fringe vs floodway. As it is
the most accurate representation of the overall
floodplain, it is currently used as the basis for
LPRCA development requirements. LPRCA
recommends the policies in the OP be revised
to match this most up-to-date information.
Overall, based on comparison between the two
sets of data, the updated 100-year floodplain
area aligns with the previous floodway area.
LPRCA is open to further discussion regarding
this section.
7 Throughout
document
- Reference to the Ministry of Natural
Resources and Forestry
Since the last OP update, this ministry has
removed “Forestry” from its title.
Staff appreciate the opportunity to review the Official Plan Amendment and look forward to further
discussion.
Best regards,
Braedan Ristine
Resource Planner
Long Point Region Conservation Authority
1/3
Arcadis Professional Services
(Canada) Inc.
420 Wes Graham Way
Suite 106
Waterloo, Ontario N2L 0J6
Canada
Phone: 519 585 2255
www.arcadis.com
Ms. Margaret Underhill
Deputy Clerk / Planning Coordinator
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville, ON N0J 1Y0
Date: March 2, 2026
Our Ref: 30260140 / 3404
Subject: Response to Elgin County Comments, Final Draft Official Plan (January 2026)
Dear Ms. Underhill,
We have reviewed the letter Braedan Ristine, Resource Planner for the Long Point Region Conservation
Authority, dated February 25, 2026. The letter was a response to the circulation of the Final Draft Official Plan,
January 2026 of the Municipality of Bayham.
We appreciated the opportunity to discuss these comments further on February 27, 2026 with yourself and the
LPRCA and appreciated receiving the line work for the updated 100-year floodplain of Big Otter Creek on Friday,
February 27, 2026 so that we can prepare map(s) to assist Municipality of Bayham Council and the public in
understanding the Official Plan mapping and policy changes within Vienna to align with current LPRCA regulatory
practice.
Please find below our responses to the comments provided in Table 1 below.
In addition, we have attached to this letter the redline revisions to the text of the Final Draft Official Plan arising
from these responses for ease of reference.
Table 1: Responses to LPRCA Comments
# Section Comment Response
1 3.2.10, 4.2.6
In addition to being subject to appropriate land use, size,
and locational criteria, including servicing and access
requirements, the updated OP should also recognize
that ARUs should not be permitted in areas subject to
flooding hazards, erosion hazards and/or dynamic
beach hazards. Furthermore, ARUs should not be
permitted in areas that would be rendered inaccessible
to people and vehicles during times of flooding hazards,
erosion hazards and/or dynamic beach hazards.
No change. Sections
3.2.10(c)(vii) and 4.2.6(e) note
that ARUs shall “comply with
the policies of this Plan and the
regulations established in the
Zoning By-law”, which includes
Section 8 (Development
Hazards). This is consistent
with how ARU policies are
addressed in the Elgin County
Official Plan.
2 4.4.8.7 If an OPA is proposed on any property subject to natural
hazards, the municipality is always required to circulate
Removed. This policy was
carried over from the existing
Margaret Underhill
Municipality of Bayham
March 2, 2026
www.arcadis.com 2/3
PTL_OPR-LPRCA-Response
# Section Comment Response
the application to LPRCA for review and comment with
regards to Chapter 5 of the PPS. There is no
independent “approval” granted by the Conservation
Authority for planning applications. However, permits
from LPRCA may be required for future development
proposals on the lands.
Official Plan (4.5.8.8). Policy
11.2.3(m) further provides for
review/comment on OPAs from
agencies having jurisdiction.
3 5.2(d)
Due to recent changes to the Conservation Authorities
Act, Conservation Authorities are no longer able to
provide review services with respect to natural heritage.
Despite this change, LPRCA continues to regulate
development activities in and within 30 metres if
identified wetlands.
Revised to remove reference
to LPRCA. Elgin County also
raised this comment.
4 5.7
All Provincially-Significant and Locally-Significant
Wetlands are regulated by LPRCA, this includes coastal
and inland wetlands.
Clarified Updated header to
“Significant Wetlands” and
removed reference to coastal
wetlands as superfluous. A
plain reading of “significant”
includes both “provincially-
significant” and “locally-
significant”.
5 6.4.9.2
The stormwater management plan may also need to be
prepared in accordance with requirements of LPRCA,
when applicable.
Clarified. The following
language is added to the end
of the policy: “Where
applicable, a stormwater
management plan may also be
required in accordance with
the requirements of the
Conservation Authority.”
6 8.7,
Schedule B2
The most recent/accurate floodplain delineation study
for Big Otter Creek through Vienna was conducted in
2020. This study completed updated mapping for the
100-year floodplain and the regional floodplain and did
not re-evaluate flood fringe vs floodway. As it is the most
accurate representation of the overall floodplain, it is
currently used as the basis for LPRCA development
requirements. LPRCA recommends the policies in the
OP be revised to match this most up-to-date information.
Overall, based on comparison between the two sets of
data, the updated 100-year floodplain area aligns with
the previous floodway area. LPRCA is open to further
discussion regarding this section.
Revised to align the Official
Plan policies with regulatory
practice at LPRCA by
removing references to a two-
zone policy in Vienna and
eliminating Floodway and
Flood Fringe policies, except to
continue to recognize that
minor extensions or
enlargements of existing
buildings and rebuilding of
buildings partially or totally
destroyed may be permitted
subject to authorization from
Margaret Underhill
Municipality of Bayham
March 2, 2026
www.arcadis.com 3/3
PTL_OPR-LPRCA-Response
# Section Comment Response
the Conservation Authority
continues to be permitted by
the Plan.
The language in 8.7.1 now
also aligns with Elgin Official
Plan policy 10.7, except as
required based on the above.
7 All MNRF Since the last OP update, this ministry has removed
“Forestry” from its title.
Revised references in Section
8.10, 10.3, and 11.4.6. Section
11.9 further provides “Where
this Plan makes reference to
any Ministry or Agency, such
reference shall be deemed to
include any successor Ministry
or Agency”, recognizing the
frequent changes made.
Conclusion
We trust that the responses provided address the comments of the LPRCA. We are available to engage in further
discussions with the County if required prior to adoption, recognizing opportunities will also exist after adoption
and prior to approval to discuss any potential modifications deemed appropriate by the County.
Sincerely,
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP
Urban Planner
Email: jeff.henry@arcadis.com
Direct Line: 519-585-2255
Mobile: 519-998-5883
Enclosures:
Revisions to Final Draft Official Plan
Revisions in Final Draft Official Plan
www.arcadis.com Arcadis Professional Services (Canada) Inc., 420 Wes Graham Way, Suite 106, Waterloo, Ontario, 519 585 2255 1/8 Revisions-to-Final-Draft-OP_LPRCA-Comments
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
1 4.4.8.7
(DELETE)
Lands within the area designated “Open
Space” may be susceptible to hazardous
conditions other than those associated
with flooding. As such, prior to an
Official Plan Amendment to redesignate
land from the Open Space designation,
written approval from the Conservation
Authority must be obtained, if required
by the Municipality.
(DELETE)
Official Plan Amendments within
regulated areas of the
Conservation Authority, including
hazard lands, are already required
to be circulated to the CA for
comments, but the CA is not an
approval authority for an OPA.
Subsequent subsection(s) is
renumbered accordingly.
2 5.7
5.7 Development In & Adjacent to
Wetlands
Development and site alteration in
significant wetlands and coastal wetlands
is prohibited and is regulated by
conservation authorities under the
Conservation Authorities Act, with specific
regard to interference with their
hydrogeological function. Development
proposed within 30 metres of a significant
wetland or coastal wetland shall only be
permitted subject to demonstrating, through
an environmental impact statement, that
there will be no negative impacts on the
wetland’s ecological features and functions,
and a demonstration that the
regulatory/permitting requirements of the
conservation authority having jurisdiction
can be met.
5.7 Development In & Adjacent to
Significant Wetlands
Development and site alteration in
significant wetlands is prohibited and is
regulated by conservation authorities
under the Conservation Authorities Act,
with specific regard to interference with
their hydrogeological function.
Development proposed within 30 metres
of a significant wetland shall only be
permitted subject to demonstrating,
through an environmental impact
statement, that there will be no negative
impacts on the significant wetland’s
ecological features and functions, and a
demonstration that the
regulatory/permitting requirements of the
conservation authority having jurisdiction
can be met.
LPRCA confirmed they regulated
all significant wetlands, whether
coastal or inland. Wetlands that are
neither provincially nor locally
significant are not regulated,
whether coastal or inland.
Revisions to the Final Draft Official Plan
March 2, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_LPRCA-Comments
2/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
3 6.4.9.2
In order to achieve no overall increase in
the peak level and volume of stormwater
runoff, all new development will be required
to provide suitable site grading and outlet
facilities for storm drainage. The
Municipality may require applications for
development or re-development to include a
stormwater management plan prepared by
a qualified professional, in accordance with
the policies of this Section and other
applicable policies of this Plan, to the
satisfaction of the Municipality.
In order to achieve no overall increase in
the peak level and volume of stormwater
runoff, all new development will be
required to provide suitable site grading
and outlet facilities for storm drainage.
The Municipality may require applications
for development or re-development to
include a stormwater management plan
prepared by a qualified professional, in
accordance with the policies of this
Section and other applicable policies of
this Plan, to the satisfaction of the
Municipality. Where applicable, a
stormwater management plan may also
be required in accordance with the
requirements of the Conservation
Authority.
LPRCA requested additional
language confirming a stormwater
management plan may be required
in accordance with their
requirements.
4 8.7
8.7.1 It is the intent of this Plan that no
development or site alteration be
permitted within the floodplain of a river
or stream system to minimize and
eliminate any risks to life and property
resulting from flooding, in accordance
with the Conservation Authority
regulations. Unless otherwise stated,
floodplain lands within the
Municipality are implemented using
a one-zone approach, except in
areas where a flood fringe has been
established using an approved two-
zone floodplain management concept,
or where authorization has been
8.7.1 It is the intent of this Plan that no
development or site alteration be
permitted within the floodplain of a
river or stream system to minimize
and eliminate any risks to life and
property resulting from flooding in
accordance with the Conservation
Authority regulations except within a
flood fringe where a two-zone
floodplain management concept has
been approved or where
authorization has been obtained from
the Conservation Authority. Buildings
and structures are not permitted
within the floodplain, except where
LPRCA conducted an updated 100-
year flood study of Big Otter Creek
in 2020, which did not include a
two-zone policy within Vienna. The
revisions aligns the Official Plan
policies with regulatory practice at
LPRCA by eliminating the two-zone
policy within Vienna. The language
in 8.7.1 now aligns with EOP 10.7,
recognizing that minor extensions
or enlargements of existing
buildings and rebuilding of buildings
partially or totally destroyed may be
permitted subject to authorization
from the Conservation Authority
Revisions to the Final Draft Official Plan
March 2, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_LPRCA-Comments
3/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
obtained from the Conservation
Authority. Buildings and structures are
not permitted within the floodplain,
except where authorization has been
obtained from the Conservation
Authority.
8.7.2 Lands that may be subject to
periodic flooding or slope instability
are identified as either “Floodway”
or “Flood Fringe” on Schedule “B2”
using a two zone concept for flood
plains. These lands are associated
with the Big Otter Creek, which flows
through the Village of Vienna.
8.7.3 Prior to the erection or alteration of
any buildings or structures that may be
permitted by the policies of this
subsection, or any other construction
that will require floodproofing measures,
a property survey shall be completed to
verify topographic elevations using
established vertical datum to align with
Conservation Authority having
jurisdiction..
8.7.4 Floodway
The “Floodway” designation shown
on Schedule “B2” is based on a
hydrologic calculation to develop a
two zone flood concept of the 1:100
authorization has been obtained from
the Conservation Authority.
8.7.2 Prior to the erection or alteration
of any buildings or structures that may
be permitted by the policies of this
subsection, or any other construction
that will require floodproofing
measures, a property survey shall be
completed to verify topographic
elevations using established vertical
datum to align with Conservation
Authority having jurisdiction.
8.7.3 Existing uses will be recognized
in the Zoning By-law as legal non-
conforming uses. Minor extensions or
enlargements to existing buildings
and structures which are not
otherwise prohibited by this Plan shall
comply with the regulations of the
Zoning By-law and are subject to the
authorization of the Conservation
Authority, including acceptable
floodproofing elevations and
measures. The Conservation
Authority will determine whether the
proposal is minor in nature and
specify the level of floodproofing
required.
continues to be permitted by the
Plan.
Revisions to the Final Draft Official Plan
March 2, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_LPRCA-Comments
4/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
year storm event on the Big Otter
Creek. The following policies are
applicable:
a) The erection of any buildings or
structures other than those
required for flood or erosion
control or otherwise permitted in
this subsection are prohibited;
b) The following uses may be
permitted, subject to the
authorization of the
Conservation Authority and
compliance with the regulations
of the Zoning By-law:
i) Open space for public or
private recreation purposes
excluding permanent
buildings and structures;
ii) Open space for marinas and
water-oriented commercial
and recreational uses;
iii) Agricultural uses, excluding
buildings and structures;
iv) Storage yards and parking
areas; storage materials as
long as they are not
explosive, buoyant,
corrosive, flammable, or a
pollutant;
v) Roads, bridges, railways and
other public services of
approved hydrologic design;
8.7.4 If partial or total destruction of a
building or structure occurs in the
Floodplain due to fire, flood, or other
natural disaster, that building or
structure may be rebuilt to its former
dimensions and for the same use as
existed immediately before its
destruction, subject to the
authorization of the Conservation
Authority, including acceptable
floodproofing elevations and
measures. Where there is land
available to relocate the building or
structure to another location on the
property that is not subject to flooding,
all avenues shall be considered to
protect the building or structure from
future risks and relocate outside of
the hazard.
Revisions to the Final Draft Official Plan
March 2, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP_LPRCA-Comments
5/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
vi) Appurtenances that would
not obstruct the passage of
flood waters or debris; and
vii) Approved structural works
used for flood and erosion or
sediment control.
c) Existing uses will be recognized in
the Zoning By-law as legal non-
conforming uses. Minor extensions
or enlargements to existing
buildings and structures which are
not otherwise prohibited by this
Plan shall comply with the
regulations of the Zoning By-law
and are subject to the authorization
of the Conservation Authority,
including acceptable floodproofing
elevations and measures. The
Conservation Authority will
determine whether the proposal is
minor in nature and specify the
level of floodproofing required; and,
d) If partial or total destruction of a
building or structure occurs in the
“Floodway” due to fire, flood, or
other natural disaster, that building
or structure may be rebuilt to its
former dimensions and for the
same use as existed immediately
before its destruction, subject to the
authorization of the Conservation
Authority, including acceptable
Revisions to the Final Draft Official Plan
March 2, 2026
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Revisions-to-Final-Draft-OP_LPRCA-Comments
6/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
floodproofing elevations and
measures. Where there is land
available to relocate the building or
structure to another location on the
property that is not subject to
flooding, all avenues shall be
considered to protect the building or
structure from future risks and
relocate outside of the hazard.
8.7.5 Flood Fringe
The “Flood Fringe” designation
shown on Schedule “B2” is based on
the Regulatory Flood level (1:100
Year Storm Event) of the Big Otter
Creek. The “Flood Fringe” defines
the upper limit of flooding under the
most severe regulation flood
conditions and applies to the area(s)
between the “Floodway” level and
the Regulatory Flood Level. The
following policies are applicable:
a) The development of buildings
and structures may be permitted
in the “Flood Fringe” designation
subject to the authorization of
the Conservation Authority,
including acceptable
floodproofing elevations and
measures, and shall comply with
the regulations of the Zoning By-
law, including acceptable
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March 2, 2026
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
floodproofing elevations and
measures. Safe access for
vehicles and pedestrians must
be provided and maintained
during flood conditions;
b) The permitted uses and
floodproofing requirements for
buildings and structures in the
“Flood Fringe” designation shall
be detailed in the Zoning By-law;
c) Existing uses may be recognized
as permitted uses by the
underlying land use
designations. The extension,
enlargement, expansion and
redevelopment or floodproofing
of existing buildings and
structures may be permitted in
the “Flood Fringe” designation
and shall comply with the
regulations of the Zoning By-law
and are subject to the
authorization of the
Conservation Authority,
including acceptable
floodproofing elevations and
measures;
d) If partial or total destruction of a
building or structure occurs in
the “Flood Fringe” designation
due to flood, fire or other natural
disaster, that building or
Revisions to the Final Draft Official Plan
March 2, 2026
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Revisions-to-Final-Draft-OP_LPRCA-Comments
8/8
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
structure may be rebuilt, subject
to compliance with the
regulations of the Zoning By-law
and the authorization of the
Conservation Authority,
including acceptable
floodproofing elevations and
measures; and,
e) Placement or removal of fill shall
require the authorization of the
Conservation Authority.
5 Schedule
B2
[Floodway and Flood Fringe
designations and mapping] (DELETE)
Based on the above, Floodway and
Flood Fringe is removed from
mapping and legend.
6 4.4.1.1
There are eleven (11) land use
designations / constraints that apply in the
three villages as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
• Floodway
• Flood Fringe
There are nine (9) land use designations /
constraints that apply in the three villages
as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
Given changes to Section 8.7
above, the Floodway and Flood
Fringe designations have been
removed.
7 8.10, 10.3,
11.4.6
…Ministry of Natural Resources and
Forestry… …Ministry of Natural Resources… Adjusted to reflect change in the
name of the Ministry.
Outlook
RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
From planning <planning@lprca.on.ca>
Date Wed 2026-03-04 10:54
To Marg Underhill <munderhill@bayham.on.ca>
Cc Henry, Jeff <jeff.henry@arcadis.com>; Thomas Thayer <cao@bayham.on.ca>; Barrett, Dave
<dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the
sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Good morning,
Thanks for sharing these responding comments.
There is just one additional point LPRCA staff wanted to make note of.
With regards to keeping some of the language around additions and replacement of structures in the floodplain,
despite removal of the two-zone policies – just so you are aware, LPRCAs policies for replacement of existing
residential structures in the floodplain does not allow for replacement in situations where damage/destruction
was caused by flooding. Obviously you’ve noted these kinds of projects would be subject to LPRCA approval but
we just wanted to provide some clarity around this for Bayham to take into account when determining the final
language used in the OP.
If you have any questions please let me know. Thanks,
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: March 2, 2026 11:32 AM
To: planning <planning@lprca.on.ca>
Cc: Henry, Jeff <jeff.henry@arcadis.com>; Thomas Thayer <cao@bayham.on.ca>; Barrett, Dave
<dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good Morning Braedan
Thank you for the comments you provided and the meeting with follow-up mapping on Friday Feb 27th.
3/4/26, 4:50 PM Inbox - Henry, Jeff - Outlook
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Please see our planner’s responding comments attached.
Any further questions or comments, please let us know.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: planning <planning@lprca.on.ca>
Sent: Wednesday, February 25, 2026 11:09 AM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good morning,
Please see the attached comments from LPRCA.
If you have any questions please feel free to contact us.
Thank you,
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: February 18, 2026 5:02 PM
To: planning <planning@lprca.on.ca>
Cc: Henry, Jeff <jeff.henry@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Hi Braedan
I don’t have any previous LPRCA comments.
The LPRCA has been circulated on each NOTICE:
1. Notice of Public Meeting Final Draft - sent January 28, 2026
2. Notice of Open House #2 of the Draft Official Plan December 2024 - sent December 17, 2024
3. Notice of Public Open House - sent May 17, 2024 and again June 18, 2024
Regards,
3/4/26, 4:50 PM Inbox - Henry, Jeff - Outlook
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Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: planning <planning@lprca.on.ca>
Sent: Wednesday, February 18, 2026 3:31 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Henry, Jeff <jeff.henry@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good afternoon,
Thank you for the quick response, this does clarify things well.
Otherwise, Marg, do you have any record of LPRCA providing comments on previous drafts of this OP? Staff could
not find any and have been doing a full review of the most recent version.
Thanks,
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: February 18, 2026 2:48 PM
To: planning <planning@lprca.on.ca>
Cc: Henry, Jeff <jeff.henry@arcadis.com>; Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma
<emma.tillery@arcadis.com>
Subject: FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good Afternoon, Braedan
Your comments were forwarded to our municipal planner.
Please see the response below.
Please let me know if you have further questions or comments.
Regards,
Margaret Underhill
3/4/26, 4:50 PM Inbox - Henry, Jeff - Outlook
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Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: Henry, Jeff <jeff.henry@arcadis.com>
Sent: Wednesday, February 18, 2026 2:28 PM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Cc: Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Subject: Re: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Hello Margaret,
The intent of Section 8.13 was to proactively address potential regulations enabling Subsection 28(4.1)-(4.2) of the
Conservation Authorities Act, as provided by Subsection 40(1)(g). Updates to O. Reg. 41/24 or any other
regulation have not (to date) included enabling language under those subsections to exempt development activities
that are part of a development authorized under the Planning Act in prescribed municipalities.
Should the above noted subsection of the Conservation Authorities Act be enabled through future regulations to
include the Municipality of Bayham, we understand that LPRCA circulation/permitting could potentially no longer
be required or permitted in hazardous lands, wetlands, and river or stream valleys, notwithstanding the overriding
public interest in regulating such developments.
The references to conditions of approval and development agreements are necessarily broad, and are intended to
include conditions of approval arising from Minor Variances, Consents, and Plans of Subdivision or development
agreements as part of Site Plan Approvals.
This language was included in the First Draft Official Plan released in December 2024 and has not been modified.
Nothing in Section 8 has been modified in the Final Draft Official Plan released in January 2026, except a missed
renumbering typo on an internal references within Subsection 8.14.
We hope that provides clarification on the intent and we would welcome comments from LPRCA.
Cheers, Jeff
Jeff Henry (he/him), RPP, MCIP
Urban Planner
Arcadis Professional Services (Canada) Inc.
Our new address: 420 Wes Graham Way, Suite 106 I Waterloo, ON I N2L 0J6 I Canada
T +1 519 585 2255
C +1 519 998 5883
www.arcadis.com
IBI Group is now proudly a part of Arcadis.
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From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: Wednesday, February 18, 2026 10:11
To: Henry, Jeff <jeff.henry@arcadis.com>
Cc: Barrett, Dave <dave.barrett@arcadis.com>; Tillery, Emma <emma.tillery@arcadis.com>
Subject: FW: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Arcadis Warning: Exercise caution with email messages from external sources such as this message. Always verify the
sender and avoid clicking on links or scanning QR codes unless certain of their authenticity.
Good Morning Jeff
Please see the LPRCA message below and provide a response.
Thank you.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
From: planning <planning@lprca.on.ca>
Sent: Wednesday, February 18, 2026 8:59 AM
To: Marg Underhill <MUnderhill@bayham.on.ca>
Subject: RE: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Good morning Marg,
LPRCA staff have been reviewing final draft OP and will be sending some comments/recommendations shortly,
however, there is one section we were hoping for some clarification on. Regarding section 8.13 – Development
Subject to a Planning Act Approval, what are some example situations where the municipality would expect this
to apply?
LPRCA staff interpret this as essentially saying: when there is a planning application for a property that contains
natural hazards, but the associated development is exempt from a permit from LPRCA, that the municipality will
still consult with LPRCA to ensure any concerns are addressed by making them conditions for approval.
LPRCA would be circulated to provide comments on any planning application where the property contains natural
hazards as always, so when would a formal development agreement be anticipated? Or, is this being
misinterpreted on our end?
Thanks and look forward to your response,
Braedan Ristine, Resource Planner
3/4/26, 4:50 PM Inbox - Henry, Jeff - Outlook
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Long Point Region Conservation Authority
4 Elm Street, Tillsonburg, ON. N4G 0C4
519-842-4242 ext. 235.
bristine@lprca.on.ca
From: Marg Underhill <MUnderhill@bayham.on.ca>
Sent: January 28, 2026 4:38 PM
To: Thomas Thayer <cao@bayham.on.ca>; Meagan Elliott <MElliott@bayham.on.ca>; Bell
<planninganddevelopment@bell.ca>; Bell Circulations <circulations@bell.ca>; Canada Post 2
<connie.richardson@canadapost.ca>; Circulations Intake Planning & Environmental Design <mmm@mmm.ca>;
County Planning <planning@elgin.ca>; Eastlink <engineering.request@corp.eastlink.ca>; Elgin Federation of
Agriculture <elginfarmers@gmail.com>; Enbridge Gas <ONTLands@enbridge.com>; EPCOR <gas@epcor.com>;
Hydro One <landuseplanning@hydroone.com>; Hydro One - Alex Yang <alex.yang@hydroone.com>;
Infrastructure Ontario <NoticeReview@infrastructureontario.ca>; LDCSB Planning <planning@ldcsb.ca>; planning
<planning@lprca.on.ca>; Metis <consultations@metisnation.org>; MPAC <MR23Enquiry@mpac.ca>; NFTC Sales
<sales@nftctelecom.com>; Ontario Power Gen Corporation (executivevp.lawanddevelopment@opg.com)
<executivevp.lawanddevelopment@opg.com>; ORHMA-Restaurant Assoc. <info@orhma.com>; Rogers
Communication <Newdevelopment@rci.rogers.com>; Southwestern Public Health
<environmentalhealth@swpublichealth.ca>; TVDSB Planning <planning@tvdsb.ca>
Cc: DCS Planning General Email <planning@norfolkcounty.ca>; Allison Adams <aadams@malahide.ca>;
planning@tillsonburg.ca; planning@oxfordcounty.ca
Subject: Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham Official Plan Review
Please see the attached Notice of Public Meeting - Final Draft Official Plan Municipality of Bayham
Official Plan Review.
Please forward any questions to the undersigned.
Regards,
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
PO Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
munderhill@bayham.on.ca
www.bayham.on.ca
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COMMENTS RECEIVED & RESPONSES SENT DURING BAYHAM OPR TO MARCH 25, 2026 1. Name: Mark Hulst Address: 10668 Culloden Road Contact: Comment received: February 1, 2024
I would like to expand the Hamlet of "North Hall' Northerly of its current boundary line, (approximately 1350' feet), for the purpose of creating new residential building lots. Please find attached a copy of my property boundaries as reported by Geo warehouse and also
a rough draft of a potential layout to create 10 new residential lots I have apportioned 100' of the entire frontage to allocate towards the municipal drain that currently runs through my property.
I understand that an Engineer will have to compile a plan to include details of lot lines drainage etc etc. and that zoning will have to be amended as well as minor variances. If you could bring this matter up to the Township Planning department, I would appreciate it.
Thanks and please let me know if you have any questions comments or concerns. Response sent: October 15, 2024 Hello Mark, Arcadis has reviewed your request to include the subject property identified as 10668 Culloden Road within the Hamlet of North Hall Settlement Area boundary. To date, we received two (2) correspondences, one (1) dated February 2, 2024, and one (1) dated July 24, 2024. A ‘one-on-one’ meeting was also held on August 7th to discuss the proposed request in further detail. After completing our planning analysis and deliberating with Municipal of Bayham Staff, County of Elgin Staff, and Bayham Council, the subject property will not be included within the
Settlement Area boundary as part of the new Bayham Official Plan for the following reasons: 1. This parcel is a part of a larger agricultural parcel that is located outside of the settlement area boundary. The current configuration would result in the fragmentation of existing
agricultural lands, which should be protected as per Provincial and County policy direction. 2. The proposed boundary change request encourages strip development, resulting in the fragmentation of agricultural lands. Residential development should be directed within
settlement areas that are fully or partially serviced rather than privately serviced. 3. This parcel is located within a ‘Highly Vulnerable Aquifer’ area, as per the newly adopted Elgin County Official Plan, therefore, the addition of private septic beds may negatively
impact ground water quality and is contrary to the current public policy framework. The lands are also impacted by natural heritage features to the north. 4. The County of Elgin has identified in their newly adopted Official Plan that the Municipality of
Bayham has a residential land surplus of 93.2 hectares (specifically in Vienna and Port Burwell where full municipal services are available), as per the Land Needs Analysis prepared by Hemson Consulting. This means there are more lands designated for residential development than what the future projected population growth in Bayham requires. 5. County of Elgin, being the approval authority for the lower-tier municipality’s Official Plan, did not alter the Settlement Area boundaries as part of their newly adopted Official Plan. Given the intent of this Official Plan Review is to ‘conform’ to the newly adopted Elgin County Official Plan, the settlement area boundary will not include additional lands for residential
development and conform to what Elgin County has proposed. Please let us know if you have any questions or comments. We thank you for participating in this Official Plan Review project and certainly encourage you to stay engaged as we prepare the
first Draft Official Plan document for early November.
2. Name: Sara Peters Address: 11219 Plank Road, Eden Contact: Comment received: April 9, 2024 I am writing to respectfully request your consideration for the approval of a land severance for my property located at 11219 Plank Road, Eden, Ontario NOJ lHO. As a responsible landowner,
I have carefully evaluated this decision and believe that a severance would be in the best interest of both myself and the community. I am requesting this approval as I would like to sever 4 half acre lots as shown in the enclosed
diagram. I understand the importance of adhering to zoning regulations and ensuring that any development aligns with the overall planning objectives of the township/county. Therefore, I am
committed to working closely with the appropriate authorities to address any concerns and ensure that the proposed severance meets all necessary requirements. I believe that by granting this request, it will not only enhance the value and utility of the property
but also contribute positively to the community by facilitating responsible land development. Thank you for considering my request. I am available to provide any additional information or clarification as needed. I look forward to your favorable response. Response sent: October 15, 2024 Hello Sara, Arcadis has reviewed your request to include the subject property identified as 11219 Plank Road within the Hamlet of Eden Settlement Area boundary. To date, we received one (1) correspondence dated April 9, 2024. After completing our planning analysis and deliberating with Municipal of Bayham Staff, County of Elgin Staff, and Bayham Council, the subject property will not be included within the
Settlement Area boundary as part of the new Bayham Official Plan for the following reasons: 1. This parcel is a part of a larger agricultural parcel that is located outside of the settlement area boundary. The current configuration would result in the fragmentation of existing
agricultural lands, which should be protected as per Provincial and County policy direction. 2. The proposed boundary change request encourages strip development, resulting in the fragmentation of agricultural lands. The intent is to encourage comprehensive infill
development within the larger parcels of lands already existing within the Hamlet of Eden, rather than strip development along Plank Road. 3. The County of Elgin has identified in their newly adopted Official Plan that the Municipality of
Bayham has a residential land surplus of 93.2 hectares (specifically in Vienna and Port Burwell where full municipal services are available), as per the Land Needs Analysis prepared by Hemson Consulting. This means there are more lands designated for residential
development than what the future projected population growth in Bayham requires. 4. County of Elgin, being the approval authority for the lower-tier municipality’s Official Plan, did not alter the Settlement Area boundaries as part of their newly adopted Official Plan. Given the intent of this Official Plan Review is to ‘conform’ to the newly adopted Elgin County Official Plan, the settlement area boundary will not include additional lands for residential development and conform to what Elgin County has proposed. Please let us know if you have any questions or comments. We thank you for participating in this Official Plan Review project and certainly encourage you to stay engaged as we prepare the
first Draft Official Plan document for early November. 3. Name: Gerry Richer Contact:
Comment received: May 22, 2024 My name is Gerry Richer a retired resident living in Aylmer. I worked for the Ontario Government (MNRF) for some 35 years retiring in 2001. I am an indigenous First Nation of the Ojibwe Nation and have current ongoing working relations with various First Nations across Ontario. Recently, I read in this weeks edition of the Aylmer Express an article speaking to the council's discussion pertaining to the Land Acknowledgement Statement and so I would like to provide a comment.
Firstly, I applaud your initiative to potentially adopt a Land Acknowledgement statement to precede council business. On this point, the Land Acknowledgement was as result of the Truth and Reconciliation process as result of the centuries of abuse/ignorance of First Nation Treaty
and Inherent Rights. Prior to Canadian Confederation, the Royal Crown of England established numerous Treaties
with First Nations across Canada of which some were deemed unceded lands. Over the past century or more, many municipalities, directed/mentored by the Ontario/Federal Governments at times chose to ignore these Treaties and on most occasions preferred a confrontational/legal
approach to challenging First Nation Rights. Several Supreme Court decisions over the decades have ruled on the legality of such treaties. The Oka Crisis 1990 was over nothing less than an expansion of a golf course that supposedly
required some form of municipal sign-off. The Caledonia Occupation beginning in 1995 was over nothing less than a Plan of Subdivision which also had municipal sign-off. The Haldimand Tract issue was another matter unresolved. The history of circumstances aside, these incidents speaks to the failure or lack of consultation and recognition of First Nation Treaties which may have had a different outcome had their been an ongoing relationship between the stakeholders and First Nations. As your municipality is initiating an Official Plan review, I would encourage your office to reach out and consult with either the Six Nations at their Ohsweken office by contacting a Lauren
Jones at 519-445-0330 or the Chippewas of the Thames, a Mr Kodi Deleary, 226-919-7160. Either office would be available to provide a First Nation perspective. At the minimum, I would propose that a copy of the First Nation Treaty and its boundary be placed in the official plan as
a separate schedule. Their offices may speak to other matters at a policy level. I'm sure you agree that including stakeholder interests at the policy level would be more beneficial/proactive then soliciting input at the developmental stages which can be costly and
time consuming. Should you wish to discuss these matters further, please feel free to contact myself or either representative of the said communities. Response sent: January 7, 2026
Hello Mr. Richer, Thank you for your engagement with the Bayham Official Plan Review and your email received on May 22, 2024 regarding Council's adoption of a Land Acknowledgement statement
preceding Council business and your suggestions at the outset of the Official Plan Review project related to First Nations engagement. In recognition of the partnership between the Municipality and the local Indigenous peoples, a Territorial Acknowledgement was included in the December 2024 Draft Bayham Official Plan and will be included in the January 2025 Final Draft Bayham Official Plan. Further, and in conformity with the County of Elgin's new Official Plan, recently approved in September 2025, Policy 11.3.2 (a) of the Draft Bayham Official Plan states that the Municipality will "create, in collaboration area Indigenous communities and the County, an engagement
protocol to be applied when engaging and coordinating with Indigenous communities on planning matters."
We thank you again for your feedback and engagement with the Bayham Official Plan Review.
4. Name: Susanne Schlotzhauer Contact: Comment received: May 24, 2024 I trust this message finds you all well. I am writing to you following the special council meeting held last evening, which focused on the official plan review. I am eager to understand how I, as a resident of Bayham, can contribute to this significant process that will undoubtedly shape our
future. While I appreciate that the alignment of our policies with provincial and county guidelines is a matter best left to the professionals, I am interested in understanding what Bayham seeks from
its residents in terms of public input. This input, I believe, can play a crucial role in defining policies that will guide Bayham’s development. Many municipalities have found value in soliciting public input through questionnaires focused
on specific official plan policies. Such an approach not only encourages public participation but also ensures that the policies reflect the needs and aspirations of the community they are intended to serve.
I understand this kind of public engagement strategy is likely not a viable option for Bayham under our current budget constraints. However, I am keen to provide meaningful input into this process and would greatly appreciate any guidance on what Bayham is seeking from its
constituents. This will enable me to tailor my contributions effectively. Thank you for considering my request. I look forward to your advice and to participating in shaping the future of Bayham. Response sent: May 31, 2024 Your email has been added to the group notification list. Please be advised that the OP Review email address will provide the reminders for upcoming events/meetings, draft publication of the Official Plan, and any other changes to the project. Thank you for your interest in the OP Review.
5. Name: Susanne Schlotzhauer Contact: Comment received: May 24, 2024 Please add me to the Official Plan Review project mailing list for updates and to be notified of the future decision of the County of Elgin on the proposed Official Plan.
Will this mailing list provide reminders for upcoming OP events, or will reminders be coming through Bayham web site subscriptions and/or the Voyent Alert. Response sent: May 31, 2024
Your email has been added to the group notification list. Please be advised that the OP Review email address will provide the reminders for upcoming events/meetings, draft publication of the Official Plan, and any other changes to the project.
Thank you for your interest in the OP Review. 6. Name: Susanne Schlotzhauer Contact: Comment received: June 12, 2024 Mayor and Members of Council, I am writing to express my concern regarding the recent handling of the Official Plan Review NOTICE of the upcoming open house this Wednesday, June 19, 2024, included under Section
12.1.1 of the June 6, 2024 meeting of council. It has come to my attention that there was a missed opportunity to publicly announce the upcoming open house. Instead of making a verbal announcement under Section 12.1.1, the
decision was made to merely receive the information without verbal disclosure. This approach
effectively excludes those members of the public who do not read the agenda from being notified of the upcoming meeting. Furthermore, it appears that no effort was made to encourage public participation in the process. This was a missed opportunity to remind the public that their input ensures that decision making around the “horseshoe” is responsive to the needs of its constituents and receptive to their opinions. It is truly discouraging based on my observations over the past two council terms, this administration appears to be more inclined towards obstructing meaningful public engagement
opportunities rather than fostering them. Given the historical lack of public engagement in this process, this decision is both perplexing and disconcerting. I would appreciate an explanation as to why this course of action was chosen
and how it can be rectified. Perhaps the NOTICE can be shared on Elgin County’s social media page to help spread the word. Moving forward, I am interested in learning about the Municipality’s future plans to encourage
public engagement in the Official Plan Review process. I firmly believe that transparency and public involvement are paramount for the success of our community’s planning efforts. I look forward to your response. Response sent: June 14, 2024 Thank you for your interest. The Municipality of Bayham and the consultant team, Arcadis, are implementing a number of
public engagement and consultation methods throughout the Official Plan Review project. As noted in the PowerPoint presentation prepared by Arcadis from the May 23, 2024, Special Council Meeting (also available on the Official Plan Review 2024 webpage), the following methods were listed and will continue to be implemented: - Official Plan Review specific email address (those who opt-in will receive notifications) - Municipal webpage (alerts will be made on the website and the webpage will be updated accordingly) - Ongoing mailing/contact list
- Local newspaper (allows us to distribute notifications pertaining to the project. Notably, the Notice of Open House was circulated in the Aylmer Express on May 22nd and June 12th) - In-person Open Houses
- In-person and virtual One-on-One Appointments with the project team (this will be discussed at the Open House with additional details to follow). Depending on the levels of engagement throughout the process and what we hear from the
public or special interest groups, the Municipality of Bayham and consultant team may look at alternative public engagement methods where necessary. 7. Name: Tim Emerson Address: 92 Edison Drive, Vienna Contact: Comment received: June 19, 2024 What policies within the current Official Plan are working well and why? What policies would you want modified within the current Official Plan and why? Please remove my farm from Vienna Settlement + Re Zone A1 or A1 special and add that area to South of Vienna or South of Port Burwell West of Rail bed + and east of Otter Creek to better utilize water + sewage line along Plank Road Preferably Burwell Hwy 19 What should be considered within the Official Plan Review to ensure that future growth and development addresses local priorities and changing community needs and why?
Change A1 use to include on farm value added processing of farm crops, vegetable grain, processing ie brewery's, food processing etc Agritourism Allow Farmers increase income without boundaries + costly red tape + zoning applications Additional Thoughts:
Allows expanded uses of OS-1 in settlement areas with less influence from LPRCA. Response sent: January 20, 2026 Hello Mr. Emerson, Arcadis has reviewed your request and comments regarding a zone change and the removal of your lands from the Vienna Settlement Area, located at 92 Edison Drive, Vienna, which were received on June 19, 2024. The Municipality of Bayham Official Plan Review is a conformity exercise to ensure that the
policies of the Bayham Official Plan are consistent with provincial and conform to County plans and policies. The Municipality and Consultant, Arcadis, is no longer pursuing the Settlement Area boundary changes that were presented in the Progress Report #1 on August 29th, 2024 at
the Special Council Meeting for the Draft Bayham Official Plan as the Settlement Area Boundaries were not revised in the adopted County of Elgin Official Plan. Following the Special Council Meeting, Arcadis prepared the attached Memo in response to the
comments and questions received from Council and the public, which was presented at the October 17th, 2024 Council Meeting. More specifically, please refer to the section titled “UPDATED SETTLEMENT AREA BOUNDARY CHANGES”, in the Memo for details on the
minor revisions incorporated into the December 2024 Draft Official Plan, with the exception of the removal of the Port Burwell Provincial Park and related lands at the request of the Infrastructure Ontario.
As part of the December 2024 Draft Official Plan, your lands located at 92 Edison Drive, Vienna are included within a “Specific Policy Area No. 15” overlay pertaining to servicing, which is explained in Section 10.15 on page 10-5 of the December 2024 Draft Official Plan. Thank you for your continued participation in this Official Plan Review. 8. Name: Mark Hulst Address: 10668 Culloden Road, RR #4, Aylmer Contact:
Comment received: June 19, 2024 What policies within the current Official Plan are working well and why? - How many of the 1000 surplus lots available serviced?
- How long has there been a lot surplus? - If these lots were available from 2016 to present we should ask why they didn't sell? - Why doesn't North Bayham provide more Res/Lots? What policies would you want modified within the current Official Plan and why? I would suggest expanding the hamlet of North Hall to the North of the most North Boundary on Culloden Road. I have approx 1500' of Road Frontage that is serviced with Natural
Gas/Hydro/Telephone/ Currently there isn’t municipal water or sewer But, if the Hamlet is expanded, we could "Infill" + dig water wells (plenty of water & Install Septic Systems, Sandy, Loam mix) What should be considered within the Official Plan Review to ensure that future growth and development addresses local priorities and changing community needs and why? the feasibility of obtaining funding to expand municipal water + sewage to currently zoned subdivisions. Additional thoughts: With the additional jobs being created in Bayham's Newly developing Industrial land across from Chesterman's Equipment store. North Bayham should supply new housing options for workers that don't want to Drive/Live in Eden Straffordville + Pt Burwell where there are building lots
available (currently) - Sprawling population in Bayham + surrounding areas have increase significantly within the Last 5-7 years (with non local buyers from the GTA Woodstock Guelph etc)
- more lots will be needed for Housing for the Volkswagen Battery plant as well in the Near Future. Response sent: October 15, 2024 See Response #1 above. 9. Name: Adrienne Augustine Address: 57873 Carson Line
Contact: Comment received: July 2, 2024 Any chance you can tell me if there are any proposed changes which may impact 57873 Carson
Line? Not sure if we’d be consulted if there were? Do these project updates provide that level of information? Our farm is zoned Agricultural, now 5th generation, and has deep ravines with some
wetlands/significant areas which provide great habitat for many species who need distance from human activity. Response sent: July 3, 2024
Thank you for your question. There are no direct changes proposed for your property at this time. If there were to be any direct impact on any property, the owner and neighbours would be contacted.
There will be a review of all OP policies throughout this process including our policies regarding the Natural Heritage features i.e. significant wetlands, significant woodlands etc. The process does include consultation with the various agencies that provide us with data for inclusion in the document i.e. Long Point Region Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, Climate and Parks. Please follow along with the notifications that will be sent out and let us know with any questions.
10. Name: Mark Hulst Address: 10668 Culloden Road Contact: Comment received: July 24, 2024 Please consider for review the attached photo of a zoning map of North Hall Bayham Township. I’ve selected a few potential pin#s that I would like for your firm to consider for a “Land Swap”
within the boundary’s of North Hall. I would like to propose an extension of the north edge of the Hamlet Residential zoning to extend into my property located at 10668 culloden road (pin# 353390164) for the purpose of
developing/infilling up to 10-15 residential building lots fronting on culloden road . Please feel free to call or email me at anytime if you would like more information or if you have any questions or concerns.
P.S The current official plan reflects some plots in North Hall that although are zoned for residential are not being utilized because of the zoned land is being used for farmland within North Hall’s current boundary lines. Also there are 3 parcels that are zoned for HR but are not developable unless municipal services are installed which will never happen at this end of Bayham Township There are also 2 smaller acreage properties that have the HR zoning that are currently mostly consisting of wood plots and forest and swamp type land that could also never be developed for residential lots.( serviced with sewers and water or not)
With all of the existing and new industrial developments current in the North end of Bayham/ bordering the Town of Tillsonburg, I feel the new Official Plan should be creating lots for the people who work at these business’ in Northern Bayham township .
Looking forward to hearing from you
Response sent: October 15, 2024
See Response #1 above. 11. Name: Susanne Schlotzhauer Contact: Comment received: August 19, 2024
Dear Municipal Clerk, Planners, and Council Members, I am writing to express my deep concern regarding the recent public notice announcing that the Official Plan Update Report to be discussed at an August 29th special meeting of council will only be presented to the public by the end of day on August 27th. https://www.bayham.on.ca/municipal-office/planning-development/official-plan-review-2024/ The update will present a potentially significant policy change with insufficient time for public review. The release of information to the public essentially only allows one full business day to review the proposed settlement area boundary changes and contact Ward Councillors with any
questions, comments, or concerns. This limited timeframe is inadequate for meaningful public participation and undermines the official plan review process, as Council is meant to be the voice of the public.
As per the screen capture below from the first open house, it appears Bayham is already deviating from its presented Official Plan timeline, as a first-draft was expected in August, not a
status update as an ‘educational exercise’. How does this impact the timeline for release of a first draft? Under provincial policy, we would hope any proposed settlement area boundary expansion occur within fully serviced areas of Bayham. The Port Burwell Provincial Park represents about 63% of the Port Burwell Settlement Area, creating a significant barrier to growth. At an in-person open house held on June 19, 2024, I proposed removing the Provincially-owned lands from the Port Burwell settlement area to allow Port Burwell to grow. I would be particularly concerned if
proposed settlement area boundary changes resulted in a net increase in areas on partial services or a net decrease in settlement areas on full municipal services. It is crucial that the public has the opportunity to express concerns and provide input on such potentially significant
policy changes. On June 20, 2024, Bayham’s economists presented to Council their proposed increases in water billing rates over the next 10 years for the current 849 water users in Vienna and Port
Burwell. Alarmingly, these proposed rates only consider operations and maintenance of the current system and do not account for significant water system capital needs estimated to exceed $20 million. Although Council requested that these increased billing rates be deferred
until after the next election, the economists warned that more water users are needed in areas on full municipal services to offset the exorbitant costs burdened onto current users. We need growth to be able to afford to live here.
Current water users in Bayham are already facing significant barriers to development, which could help offset the high water and wastewater capital costs. During the August 15th public meeting regarding the current zoning housekeeping amendment intended to bring zoning by-laws in compliance with Bill 23, it was highlighted that the current zoning by-laws within the Village Residential zones create significant barriers to development and unfair disadvantages not seen elsewhere in Bayham, Elgin, and Norfolk Counties. Additionally, there appears to be an unwillingness of this Council to approve moderate density development in areas on full services. If development is focused in areas serviced by private wells, it will negatively impact current
water users financially as they struggle to finance an ever-crumbling infrastructure. On top of significant increases in taxes and water billing rates, this council has also proposed to hit Port Burwell with an area-specific tax to pay for $20 million of a $30 million stormwater infrastructure
upgrade. In unanswered written correspondence to Council, I have argued that burdening Port Burwell residents with the cost of this project is unjustified, given that the project will benefit all of Bayham, not just Port Burwell residents. Municipal engineers have confirmed that
improvements to our stormwater infrastructure will increase sewage capacity by about 100 households, allowing for increased development across Bayham, not just Port Burwell. The proposed area-specific tax is therefore unjustified. The infrastructure costs facing Port Burwell
residents seem unattainable for the average household. I ask again, how can Council represent their constituents under this Official Plan review if there is not adequate time given to the public to review the information and reach out to their
Councillors with their questions, concerns, and comments? The public has a right to review the proposed preliminary settlement area boundary and should be given, at a minimum, the time established under Bayham’s procedural rules. Even if this information is presented at the time the Agenda is published, the public is still not afforded the opportunity to make a delegation to Council, as a request for delegation is required before the agenda is even published. “This meeting is ultimately an educational exercise between the consultant team and Council with respect to the status of the Official Plan Review project and how the Settlement Area
Boundaries in the Official Plan may change through this review.” The information being proposed has a potentially significant impact on Bayham residents and represents a potentially significant policy change. Silencing the public seems contrary to the official plan review process.
I am requesting the Official Plan Review update be conducted in an open meeting where the public can participate and bring their voices to the table, or allow a longer period for review, as stipulated under our procedural rules, allowing public comments to come forward. An agenda for the planned August 29th Special Meeting would suggest the agenda and information be published this Friday, August 23, 2024. As this is a time sensitive matter, I would appreciate your immediate attention to this matter. Please advise before Friday how Bayham intends to address my concerns.
Response sent: August 20, 2024 Good evening, Susanne –
The Special Council Meeting on August 29th is meant to be for information purposes only, whereby Council will get an understanding of the project timeline, consultation, and the preliminary Settlement Area Boundary changes that may occur. This exercise is for information
purposes only and no decision of Council is being made on the 29th. This is to give Council a ‘taste’ of the potential Official Plan Settlement Area changes that may occur so they are not ‘unaware’ or ‘misinformed’ when Municipal Staff and Arcadis release the FULL First Draft OP
Text and Mapping in Phase Three of the project. The proposed material presented on the 29th DOES NOT represent the first Draft Official Plan for Phase Three. We will make that clear to Council and those listening in on the Special Council Meeting. Once the First Draft OP Text and
Mapping is released, there will be opportunity to review the material in full, thus providing the public a comprehensive document to provide comments on. As noted by the consultant team, consultation is ongoing throughout this project, so additional changes may be necessary after the first Draft OP is released prior to issuing the FINAL Draft Official Plan for Council’s adoption in Phase Four of the project. While members of the public cannot actively participate at the August 29th Special Council Meeting, we will still be encouraging comments and questions from the public following the presentation. The consultant team would be more than happy to have a One-on-One
Appointment/Meeting to discuss your comments or questions after you complete a review of the presentation material. It is understood that you had previously requested a meeting, but Margaret Underhill received no confirmation.
Further, with respect to the timelines, the consultant team specifically noted in their presentation that these timelines are “estimated”. The draft is to be released sometime between August – October to account for any potential disruption. For example, we just received news today that
the Minister has issued the updated Provincial Planning Statement, taking effect on October 20, 2024. The consultant team will now need to factor this updated provincial document in their review/analysis to ensure the Draft Official Plan is consistent with the new PPS, as we
previously noted at the Open House that we did not have a specified timeline from the Province as to when the new PPS would be released or come into effect. This may alter the estimated timing of the first Draft Official Plan (which Arcadis will note in the presentation on August 29th)
and we hope you can appreciate that Municipal Staff and Arcadis are working diligently to address these very recent changes as part of the OP Review. With respect to your comments expressed at the Open House regarding the Port Burwell settlement area (notably the Provincial Park), the consultant team has taken your comments into consideration and will be addressing them at the August 29th Meeting. We appreciate your comments and feedback as the Municipality and Arcadis works through this project and we hope the above provides clarification. As noted above, we strongly encourage that you request a One-on-One Appointment with the consultant team.
In regards to the timing of the Special Meeting Agenda and due notice, the Procedural By-law No. 2023-021 notes under Section 4.11.4:
“Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than twenty-four (24) hours before the time appointed for the Special Meeting.” The Municipality anticipates releasing the Special Meeting Agenda Tuesday morning (27th) for a meeting at 6pm on the 29th. We are giving ~55 hours’ worth of notice, which is over and above by-law requirements. We trust this answers your questions/addresses your concerns. Any further procedural
questions can be followed up with the Clerk. Zoom Meeting Held with Mr. B Wade, Margaret Underhill & Thomas Thayer: August 28, 2024 Follow-up Comment received August 28, 2024: Thank you all for your time this afternoon for a zoom meeting. In followup from my email of
August 19th and in light of our discussions this afternoon, I believe my concerns re settlement area boundary adjustments and development on partial services were articulated. I appreciate Arcadis' desk top exercise to identify parcels of land to be considered to be removed from within
the existing settlement area boundaries based on certain development criteria - eg either due to natural constraints (natural heritage systems, hazardous lands, highly vulnerable aquifers and wellhead protection areas, etc.) and/or planning policies such as, being identified as residential
surplus, ag land fragmentation, unwanted strip development, infrastructure and servicing constraints. I was, and still am, a bit perplexed over the proposal to require the preparation of a Block Plan for the development of the western portion of Straffordville without doing the same for the large track of land along Light Light in Vienna, where water and sanitary services will have to be extended. The urgency of repairing the failing water main becomes apparent if we are to develop on full services without concern over infrastructure failure. However, it is my understanding the large track of undeveloped residential lands within Vienna could be
developed in the same manner as Straffordville (on partial services) should the Muncipality demonstrate failed infrastructure or that it is impossible to bring municipal services to the area. I would think that development on full services would be important given Vienna and
Straffordville Settlement Areas are located entirely within an area mapped with sensitive groundwater features - namely, highly vulnerable aquifer (HVA) and sensitive groundwater recharge areas (SGRA) - that shall be protected in accordance with Section 7.13 of Elgin
County Official Plan. Tier 2 and 3 Areas that use groundwater as a source of drinking water are under additional stress. There is a section under Section 7.13 that pertains directly to development on partial services.
The preliminary settlement area boundary adjustments being presented to council on August 29th result in a net decrease in settlement area lands, with the only potential for development identified to be located within Straffordville and north of Eden, on partial services.
Development focused in areas on partial services, with little potential for growth in Tier 1 Settlement Areas on full municipal services will have a negative economic impact onto the existing 849 municipal water users in Port Burwell and Vienna, who are burdened with rising infrastructure operation and maintenance costs alongside astronomical infrastructure repairs. Residence are facing a 600% increase in monthly water fees alone. This does not appear to be sustainable planning. Without being informed of Bayham's proposed servicing policies, as required under Section 8.24 of Elgin Official Plan, it might be just as prudent to identify areas where Bayham can grow.
I also touched on Elgin's strategic initiative for Tourism and Bayham's Strategic Plan to enhance the east beach and restore the lighthouse, which will support local tourism. But we also need year round growth, not just seasonal.
We understand this OP review is an exercise in conformity with Elgin's 2024 Official Plan (pending provincial approval) and the new Provincial Policy to come into effect in October of this year. I have touched on some areas where I believe clear development objectives and strong policies need to be developed for Bayham. Respectfully, Susanne Schlotzhauer
12. Name: Stephen Cornwell Address: 261 Broadway, P.O. Box 460, Tillsonburg, Ontario N4G 4H8 Contact: Comment received: October 3, 2024 Letter submission by Stephen Cornwell (CJDL) on behalf of the property owner, Brenda VanQuaethem, in reponses to the "Progress Report #1" and Special Council Meeting on August
29th. To Whom It May Concern:
We have reviewed the Bayham Official Plan Progress Report #1 – Phase Two, prepared by Arcadis and dated August 26, 2024 (the “Arcadis Report”) on behalf of our client, Brenda VanQuaethem, owner of a farm property described as Part of Lots 22 to 24, Concession 9 in
Eden, we would like to express our concerns with the recommendation that portions of her property be removed from the Settlement Area designation in the new Bayham Official Plan.
The Arcadis Report shows our client’s property as including two separate areas currently within
the Eden settlement boundary and it recommends that they be redesignated to agriculture to avoid the “fragmentation of the existing agricultural lands”. Notwithstanding that the portions of the property that are currently designated ‘Hamlet’ are by definition, not agricultural lands, this
rationale is faulty. Removing the developable land from the larger parcel would result in a retained farm of over 30 ha (74 acres), which is substantially above the 20 ha minimum lot area requirement of the Agricultural (A1) that is currently applied to the property, and there is nothing about its configuration that would impair future farming activity on it.
With existing residential and industrial uses established in the area, the current configuration of the Eden settlement boundary on the subject property meets Provincial Policy Statement (2024) requirements for a compact urban form (Section 2.4.3(c)). While considerations about the fragmentation of farmland on this property are unfounded, the owner is willing to consider a ‘land-swap’ change to the settlement area that would see the southerly portion re-designated to ‘Agricultural’ in exchange for an identical area of land around
the northerly settlement portion of their property. We would also note that we have already had meetings with municipal staff and Arcadis consultants regarding the owner’s intention to develop the subject property and we are
disappointed that such interactions do not appear to have been a consideration of the Arcadis Report. The report states that “Elgin County’s adopted Official Plan identified a residential land surplus of 93.2 hectares in the Municipality of Bayham” [emphasis in original], which suggests
that much of the development land could sit vacant beyond the time horizon. This makes the recommendation to ‘down-zone’ lands for which specific development proposals have been advanced seem counter-intuitive.
In summary, we are greatly concerned about any suggestion that these lands should be considered for removal from settlement designations in the Bayham Official Plan. We would greatly appreciate it if these particular recommendations for settlement area reductions could be
reconsidered. We are happy to engage further on these matters. Please feel free to reach out to us for further discussions. Response sent: October 11, 2024 Thank you for providing the letter dated October 3rd, 2024, in response to the Progress Report #1 presented at the August 29th Special Council Meeting. We have had an opportunity to review the letter and offer the following comments.
The Municipality and Consultant, Arcadis, is no longer pursuing the Settlement Area boundary changes that were presented in the Progress Report #1 for the Draft Bayham Official Plan. Your client’s property will remain within the existing Settlement Area of Eden, as this will maintain conformity with the adopted (not approved) Elgin County Official Plan that did not alter the boundaries in Bayham. Following the Special Council Meeting, Arcadis prepared the attached Memo in response to the comments and questions received from Council and the public. More specifically, please refer to
the section titled, “UPDATED SETTLEMENT AREA BOUNDARY CHANGES”, in the Memo for details on the minor revisions now proposed to the settlement areas. As part of the Draft Official Plan, your client’s lands will include a “Specific Policy Area” pertaining to servicing, which is
explained on Page 5-6 of the Memo. This Memo is included in Staff Report DS-76/24 being presented at the upcoming October 17th Council Meeting for Council to receive for information purposes. The Report is attached and the
Agenda is available on the municipal website under “Agendas & Minutes”. Please let us know if you have any additional questions or comments with respect to the Official Plan Conformity Review.
13. Name: Stephen Cornwell Address: 261 Broadway, P.O. Box 460, Tillsonburg, Ontario N4G 4H8 Contact: Comment received: October 24, 2024 To Whom It May Concern: As noted in our previous submission to the Bayham Official Plan Review process, on behalf of clients of ours, we would like to propose changes to the Eden settlement boundary. Our clients include, Brenda VanQuaethem - owner of a farm property described as Part of Lots 22 to 24, Concession 9, and VanQuaethem Farms – owner of two farm properties described as Part of Lot 21, Concession 9 and Parts of Lots 23 and 24, Concession 9 (as shown below).
Proposed ‘Land Swap’
Under the 2020 version of the Provincial Policy Statement municipalities could consider “adjustments of settlement area boundaries outside a comprehensive review” in certain circumstances where “there would be no net increase in land within the settlement areas” (Section 1.1.3.9). Many of adjustments to settlement areas that were made under this section were referred to as ‘land swaps’ since Official Plan settlement designations were removed from some areas and added to others, normally at the request of the involved owners. While the 2024 version of the PPS no longer includes this explicit guidance for “boundary
adjustments”, it also no longer requires settlement boundary expansions to be supported by a comprehensive review. Section 2.3.2 of the 2024 PPS simply requires planning authorities to consider “the need to designate and plan for additional land to accommodate an appropriate
range and mix of uses”. With this requirement in mind, we recognize that the County of Elgin has identified in their newly adopted Official Plan that the Municipality of Bayham has a surplus of land available for residential development, and as the Bayham Official Plan Review process
continues, the Municipality will be looking at opportunities to reduce and/or reconfigure its settlement area boundaries. With this letter, our clients are requesting changes to the Eden settlement area boundary that
are tantamount to a ‘land swap’, where the total area within the settlement boundary remains the same but equal amounts of lands are added and removed from the settlement area. The specific configurations of the proposed swaps are shown in detail in the attached drawing.
An excerpt from the drawing is shown below:
Specifically, our clients are proposing that 5.59 ha of settlement area designation be transferred from the VanQuaethem Farms property described as Part of Lot 21, Concession 9 (shown in green hatching), to an identical area be added to their property described as Part of Lots 23 and
24, Concession 9 (shown in solid green). Similarly, we are asking that 3.97 ha of settlement area designation be transferred from two areas of Brenda VanQuaethem’s property described as Part Lots 22 to 24, Concession 9
(shown in yellow hatching), and an identical area be added to the northerly portion of that property (shown in solid yellow). Justification
Our clients are proposing these adjustments as residential development of the areas proposed for removal is hindered by servicing constraints. Those areas are low-lying, and significant
interventions would be required for them to be connected to Eden’s municipal sanitary service facilities (i.e. a pumping station would be required). The separate 0.37 ha triangle of settlement area designation that is included in the proposed transfer would adjust the boundary so that it extends parallel from Plank Road at a practical depth for development. To demonstrate that the proposed northerly extension of the settlement boundary on either side of Plank Road is appropriate, the drawing shows how an internal road network could be
extended into these development areas to accommodate new residential developments. In terms of the 2024 PPS requirements for planning authorities to consider in allowing “settlement area boundary expansion”, we offer the following:
The issue of need as described in Section 2.3.2.1(a) is not relevant as no net increase in the total Eden settlement area is proposed. Section 2.3.2.1(b) makes clear that whether or not “there is sufficient capacity in existing or
planned infrastructure and public service facilities” should be considered, and the lands proposed for development will have sufficient capacity for sanitary services upon completion of the pumping station upgrade that is scheduled for this year.
With regard to agricultural land protections; neither the lands to be added nor those to be removed constitute specialty crop areas (Section 2.3.2.1(c)), there are no alternative locations which avoid prime agricultural areas or would be on lower priority agricultural lands (Section
2.3.2.1(d)), both areas comply with the minimum distance separation formulae (Section 2.3.2.1(e)), and no impacts on the agricultural system would result (Section 2.3.2.1(f)). Consistent with PPS Section 2.3.2.1(g), the proposed added settlement area lands provide for the phased progression of urban development in Eden, as demonstrated in the conceptual development plans. The adjustments we are proposing for the Eden Settlement Boundary are consistent with both the 2020 and 2024 Provincial Policy Statements. Boundaries
Please note that our proposed swap relies on the settlement boundary mapping provided to us by the Municipality. The drawing shows the Eden Settlement Boundary with a thick red dashed line on the attached drawing. The settlement boundary mapping shown in the Elgin County
Official Plan (shown in solid purple) is significantly different from the Municipality’s mapping on each of the subject properties. If we should base our proposal on the County’s mapping, please let us know and we will adjust the proposal accordingly.
Summary In conclusion, we would greatly appreciate it if these proposed adjustments to the Eden settlement area could be considered as part of the Municipality of Bayham Official Plan Review
process. Please feel free to contact us with any questions or concerns about this request. Sincerely,
Stephen Cornwell MCIP, RPP Senior Planner CJDL Consulting Engineers Response sent: January 7, 2026 Hello Mr. Cornwell, Thank you for your letter, dated October 4th, 2024, on behalf of Brenda VanQuaethem, in response to the Progress Report #1 presented at the August 29th Special Council Meeting. We
have had the opportunity to review the letter and discuss the request with County planning staff and offer the following comments. The Municipality and Consultant, Arcadis, is no longer pursuing the Settlement Area boundary
changes that were presented in the Progress Report #1 for the Draft Bayham Official Plan as
the Settlement Area boundaries must conform to the boundaries in the County Official Plan, except for minor modifications as permitted by policy 2.9 of the new Elgin County Official Plan, approved in 2025. Based on discussions with the County, the proposed land-swap is not a minor modification and would require a County Official Plan Amendment. Therefore, the existing portions of your client’s property in the existing Settlement Area of Eden will remain as is in the Final Draft Municipality of Bayham Official Plan to maintain conformity
with the new Elgin County Official Plan, approved in 2025. Should the owner wish to pursue a ‘land-swap’ change to the settlement area in the future, we understand that a request for pre-consultation meeting request should be submitted to the
County prior to submitting the required County Official Plan Amendment application. Thank you for your engagement with the Municipality of Bayham Official Plan Review. 14. Name: Todd Devitt Contact: Comment Received: December 4, 2024 Hello Margaret, Further to my voicemail, I have been retained by Larry Milmine to assist with the potential
rezoning of the parcel of land with Roll # 3401-000-007-09202 back into the Richmond Hamlet. I understand that he has been corresponding with you, and that a formal letter may be needed for the purposes of considering the rezoning in the upcoming Official Plan Conformity Review. To the extent possible, please take this e-mail as notice for that purpose, but as mentioned in my voicemail, I do have instructions to provide a more formal letter / notice that meets any requirements you may have. Please kindly call me at your earliest convenience, or let me know when would be a good time to call you, to discuss the another further.
Thank you in advance for your assistance with the above matter. Best regards, TODD W. DEVITT
McKenzie Lake Lawyers LLP Lawyer Response sent: N/A – One-on-one meeting held December 17, 2024 15. Name: Jeff Bolichowski Contact: Comment received: January 22, 2025
I'm reaching out to follow up on last week's open house for the Official Plan Review. I was the participant who asked about Design Guidelines and built form policy. It was mentioned that you're interested in taking one-on-one meetings via Zoom on the OP review. I'm working with an organization called the Masonry Council of Ontario, the not-for-profit trade group for Ontario's brick and stone sector. For the past decade or so, we've been going around the province looking at the current best practices in design policy through municipal planning, and we'd welcome the chance to offer some input in terms of progressive practices and get a sense of where Bayham plans to go in this area.
Would it be possible to set up a call in the next couple of weeks, via Zoom? I've linked my colleagues John Armstrong and Andrew Payne in as well. Initial Response sent: February 10, 2025
Your interest is welcome. The topic you wish to discuss doesn’t necessarily fit in to the
conformity purpose of our current OP Review, however, we would certainly be interested in the
conversation and collecting your comments to have for future considerations.
Response sent: January 7, 2026 Hello Mr. Bolichowski, Thank you for your attendance and engagement at the Open House for the Municipality of Bayham’s Official Plan Review as well as the one-on-one consultation with the Municipal Staff and Consultant, Arcadis, on February 13th, 2025. More specifically, thank you for your inquiry regarding the Bayham Official Plans design
guidelines and community planning permit system. With respect to Urban Design requirements, subsequent to that meeting, the province has consulted on and enabled legislation to permit limiting the required information and material a
municipality can require to deem certain Planning Act applications complete. Further, the approved County of Elgin Official Plan included modifications that removed "Urban Design Brief" from the list of supporting information that may be required as part of a complete application.
The Final Draft Municipality of Bayham Official Plan will conform to this modified County policy. Should the Municipality pursue the creation of Urban Design Guidelines in the future, it may be difficult to assess the consistency of applications to those Guidelines given provincially-directed
policy changes. In regard to the Community Planning Permit System, the implementation of a Community Planning Permit System (CPPS) is out of the scope of this Official Plan Conformity Review. We note that, should the Municipality elect to pursue CPPS in the future, a detailed Official Plan Amendment would be required in any event. Thank you again for engaging in the Official Plan Review process. 16. Name: Gerry Richer
Contact: Comment received: January 7, 2026 Hello Marg, what a surprise, I vaguely remembered responding to your notice of the OP
update.. I honestly can't recall what I said in 2024 but needless to say recognizing the Haudenosaunee and the Anishinabek nations and associated Treaties would certainly suffice.. However, the municipality may wish to extend that further by establishing communication
protocols with the hosting First Nation. Many FN band councils have neither the capacity nor whereforall to participate at local municipal planning processes so it would be more productive to interact at the policy/strategic level.. Just FYI cheers
Gerry Richer Aylmer. Response sent: N/A (Acknowledged)
17. Name: Tracey Davies Contact: Comment received: February 1, 2026 Please add my email address to the mailing list for updates on the future decisions of the County of Elgin on the proposed Official Plan.
Response sent: February 25, 2026
Hi Tracey Sorry for the delayed response. Your email has been added to the mailing list. For your information, please see the attached NOTICE regarding the Public Meeting for the Final Draft of the Official Plan.
Thank you for your interest. 18. Name: Lindsay Blair Contact: Comment received: February 19, 2026 Good Morning Margaret,
I hope that you are well. Our team has been working on our reports and studies for the submission of planning applications for the Meadows Mobile Park. Our planners, WSP, have the following clarification
and suggestion regarding the property and the OP reference. Would you be able to review the below and advise? It is our understanding that the Site is designated Mobile Home Parks as shown on Schedule A1
(Land Use of the Official Plan). We’ve identified the Site in the snippet below with a red arrow. Section 3.1.5 (Mobile Home Parks), Policy 3.1.5.1 of the Bayham Official Plan states that mobile Home parks are permitted in lands designated Mobile Home Parks. The issue is specifically, Policy 3.1.5.1.1 which refers the Site as Lots 23 and 24, Concession 9, and states that the existing 4.1 ha mobile home park is permitted as well as a 5.5 ha expansion subject to requirements. Based on our analysis and based on a survey plan, the existing mobile home park is currently 5.1 ha in size. Can the municipality please confirm what was used to reference the 4.1 ha is
accurate or if this should be 5.1 ha? In addition, please note that we have reviewed the Municipality’s Final Draft Official Plan January 2026, and we note that the policies continue to refer to the existing mobile home park
size as 4.1 ha in Section 3.5 Mobile Home Parks Designation, Policy 3.5.1 (a) as per the snippet below. We should aim to correct this to the accurate size. Is there an opportunity to have the size
corrected through the Municipal’s Official Plan Review process? We would include in our proposed Official Plan Amendment application, but we wanted to flag this prior to our application submission.
Thank you. Response sent: February 24, 2026 We have reviewed the request from Lindsay Blair on behalf of Meadows Mobile Park received
on February 19, 2026. Through the Official Plan Review, we are cleaning up outdated site-specific designations and policies for non-agricultural uses in the prime agricultural area to ensure compliance with the PPS and County of Elgin Official Plan that we have noticed or where it has been brought to our attention. In the case of the Meadows Mobile Home Park, we appreciate your bringing this issue to our attention. In our review, the area designated "Mobile Home Parks" on existing Schedule 'A1' of the current
Official Plan and carried forward onto Schedule B of the Final Draft Official Plan is smaller than the area zoned site-specific Mobile Home Park (MH-2) zone on Schedule A Map No. 3 of Zoning By-law 456-2003. The designated area is also smaller than the existing footprint of the Mobile
Home Park and the zoned area is larger than the existing footprint. Based on a review of the
GIS mapping from the December 18, 2025 Consolidated Zoning By-law 456-2003, the area zoned MH-2 is just under 6.7ha in area. We propose to address this issue by: 1. Modifying the area designated on new OP Schedule B to match the area zoned MH-2 on the version to be adopted by Council. 2. Modifications to Final Draft Official Plan policy 3.5.1(a) per the below (deletions, additions), which maintains the existing total potential permissions of 9.6 ha given a revised existing
designated area of 6.7ha (4.1ha + 5.5ha = 9.6ha becomes 6.7ha + 2.9ha = 9.6ha): In addition to an existing 4.1 hectare mobile home park, an additional 5.5 2.9 hectares of land to a maximum of 9.6 hectares contiguous with the existing mobile home park in
Lots 23, 24, Concession 9, and municipally addressed as 11981 Plank Road, will be considered for mobile home park purposes may be designated "Mobile Home Parks" subject to site-specific Official Plan and Zoning By-law amendments in accordance with
the applicable Official Plan policies and subject to the following requirements: (remainder of policy maintained as-is) Please review and advise if you have any comments or concerns on the above. If you can do so by end-of-day on March 2, we can include this update in my presentation to the Special Council meeting on March 5th along with other unrelated modifications arising from comments received from the most recent circulation.
Please note that Council will not be asked to adopt the new Official Plan on March 5th, which will occur at a forthcoming meeting anticipated later in March. The additional time will allow us to address any additional comments from Council and the public that arise on (or before) March 5th. 19. Name: Lindsay Blair Contact: Comment received: March 4, 2026
Hi Margaret I am submitting comments on behalf of the landowners of the Meadows Mobile park pursuant to the official plan update.
The owners support the musicalities update to the OP to reflect the changes necessary and as proposed by WSP to address inaccuracies in the language OP. Further, the owner further support efforts to increase density through communal services and for
land use changes to residential from agricultural where existing residential Uses exist. Lindsay Response sent: March 4, 2026 Hi Lindsay Thank you for the comments. Regards,
Margaret Underhill 20. Name: Susanne M. Schlotzhauer Contact: Comment received: March 4, 2026 Dear Municipal Staff and Members of Council, Please accept the attached written comments regarding the Municipality of Bayham’s Final Draft Official Plan (January 2026). I am submitting two separate commentaries in PDF format: 1. Servicing Capacity, Groundwater Protection, and Growth Allocation 2. Tourism Policy Commentary: Settlement Area Framework and Waterfront Planning
These comments are provided as part of the statutory consultation process under Phase 4 – Final Draft and Adoption of the Official Plan. I understand that the Municipality will be considering public input prior to adopting the Final Draft and forwarding it to the County of Elgin, as the approval authority. Given that we are now in Phase 4, I would appreciate confirmation on the following:
• Will my written submissions be included in the package forwarded to the County of Elgin for their review and decision on the proposed Official Plan?
• Will I be added to the project mailing list to receive notice of the County’s future decision, as outlined on the Municipality’s website? Thank you for the opportunity to participate in this important process. Please do not hesitate to
contact me if any clarification or additional information would be helpful. Sincerely, Susanne Schlotzhauer
Port Burwell, Ontario Attachments:
1. Servicing Capacity, Groundwater Protection, and Growth Allocation Statutory Open House — March 5, 2026 Servicing Capacity, Groundwater Protection, and Growth Allocation Bayham Official Plan – Final Draft (January 2026) The Draft Official Plan introduces Specific Policy Area 15 (SPA-15) to govern development on lands within Tier 1 and Tier 2 Settlement Areas where full municipal servicing is not available. SPA-15 requires a Servicing Study demonstrating the “available capacity of existing full or partial water and sanitary sewage systems.” While this appears to provide a safeguard, the Plan does not define how servicing capacity is to be determined, measured, or tracked. “Available capacity” may refer to several different conditions, including theoretical design capacity, uncommitted reserve capacity, hydraulic constraints, or capacity remaining after
previously approved allocations. The Plan does not establish a methodology for calculating capacity, nor does it require the Municipality to publicly track or report servicing allocations. Without such clarity, the interpretation of “available capacity” may vary between applications and
may ultimately become a discretionary determination rather than a transparent planning framework. This concern is amplified by other provisions of the Plan.
Section 6 allows the Municipality discretion in determining when technical studies are required and the scope of those studies. Section 11 allows Council to interpret policies flexibly, provided the general intent is maintained. When read together, these provisions create a structural policy
gap: SPA-15 requires demonstration of servicing capacity, but the Plan does not define how capacity is calculated, allows discretion regarding the scope of servicing and groundwater studies, and permits policy interpretation at Council’s discretion.
This issue is further compounded by the servicing structure of Bayham’s settlement areas. Straffordville (Tier 2) has no municipal water anywhere within its boundary and is entirely dependent on private wells. Vienna (Tier 1) is expected to accommodate growth on full municipal services; however, large tracts of developable land north of Otter Creek are unserviced and fall under SPA-15. Because SPA-15 allows development on “full or partial” services, it is unclear whether the Draft OP permits development on private wells within Vienna’s Tier 1 boundary. If so, clarification is needed on whether this is intended as a temporary measure pending future servicing, or whether the Plan anticipates long-term reliance
on private wells within a Tier 1 settlement area. This raises significant groundwater sustainability concerns. Where development relies on private wells, groundwater sustainability becomes a critical long-term planning consideration.
Individual hydrogeological studies may demonstrate feasibility for a single development, but
they do not address cumulative withdrawals from the same aquifer. The County of Elgin Official Plan requires municipalities to ensure that groundwater quantity and quality will not be negatively impacted, and that cumulative impacts are considered—particularly in areas with highly vulnerable aquifers or significant recharge functions. The Draft Bayham OP contains groundwater protection policies in Section 5.12, including the possibility of requiring hydrogeological studies, cumulative groundwater impact assessments, and mitigation measures. However, Section 5.12.2 states that the need for such studies “will be
determined by the relevant approval authority,” making them optional rather than mandatory. SPA-15 does not reference Section 5.12, does not require groundwater studies, and does not require cumulative impact assessment. Section 11.5.2.3 lists groundwater studies as items that
may be required in a complete application, not that they shall be required. Section 6.4.4 requires the Municipality to establish a general monitoring program for municipal and private systems, including groundwater impacts. However, this is a municipal-level program,
not a development-level requirement. It is not tied to development approvals, does not require developers to fund monitoring, and does not require monitoring wells or cumulative impact evaluation. As written, it does not satisfy County OP requirements.
When SPA-15, Section 5.12, Section 6.4.4, and Section 11.5.2.3 are read together:
• groundwater studies are not mandatory
• cumulative groundwater impact assessment is not mandatory
• monitoring is not tied to development approvals
• SPA-15 allows development on partial services in both Tier 1 and Tier 2 areas •
• Vienna’s unserviced lands north of Otter Creek could develop on private wells
• no groundwater sustainability analysis is required
• no monitoring program is required as a condition of development This is not consistent with the County OP or the Provincial Planning Statement (2024), both of
which require municipalities to ensure long-term groundwater sustainability and prioritize full municipal servicing within settlement areas. There are also financial implications.
Vienna’s municipal water system currently serves approximately 880 users. If large SPA-15 lands in Vienna develop on private wells, the number of municipal water users will remain static while infrastructure costs continue to rise. This shifts the long-term financial burden onto existing
ratepayers and undermines the sustainability of the municipal water system. Given these considerations, the Official Plan would benefit from clearer policy direction addressing the relationship between servicing capacity, groundwater sustainability, and growth allocation. In particular, the Plan should clarify: • how servicing capacity is defined and measured • how wastewater servicing allocations are tracked and reported • whether SPA-15 permits development on partial services within Vienna’s Tier 1 boundary • whether hydrogeological and cumulative groundwater impact assessments are
mandatory for development on private wells • how the Plan satisfies County OP requirements for groundwater protection and cumulative impact evaluation
• how growth allocation supports the long-term financial sustainability of the municipal water system Clarifying these matters would strengthen transparency, reduce reliance on discretionary
interpretation, and ensure that growth decisions are guided by consistent and defensible planning policy aligned with the PPS 2024 and the County of Elgin Official Plan. Submitted by: Susanne M. Schlotzhauer Port Burwell, ON March 5, 2026
Spoken Version: Servicing Capacity, Groundwater Protection and Growth Allocation Thank you. My comments focus on servicing capacity, groundwater protection, and how growth is allocated under the Draft Official Plan. Specific Policy Area 15 applies to both Tier 1 and Tier 2 Settlement Areas. That creates a fundamental policy tension, because Straffordville and Vienna have very different servicing expectations. Straffordville has no municipal water anywhere within its boundary and is entirely dependent on private wells. Vienna, by contrast, is a Tier 1 Settlement Area, and Tier 1 areas
are expected to accommodate growth on full municipal services. However, SPA-15 requires only a Servicing Study demonstrating the “available capacity” of existing full or partial systems. It does not define how capacity is measured, it does not require
the Municipality to track or allocate capacity transparently, and it does not distinguish between Tier 1 and Tier 2 servicing expectations. As written, SPA-15 appears to allow development on partial services—including private wells—within Vienna’s Tier 1 boundary, particularly on the
large unserviced lands north of Otter Creek. If that interpretation is correct, it represents a significant departure from the servicing hierarchy in the Draft OP, the County Official Plan, and the Provincial Planning Statement, all of which
prioritize full municipal servicing in Tier 1 areas. The groundwater policies in Section 5.12 are strong in principle, but they are discretionary in practice. Section 5.12.2 states that the need for hydrogeological studies and cumulative
groundwater impact assessments “will be determined by the approval authority.” Section 11.5 lists these studies as items that may be required, not that they shall be required. SPA-15 does not reference Section 5.12 at all. And while Section 6.4.4 speaks to a municipal-level monitoring program, it is not tied to development approvals, does not require developers to fund monitoring, and does not require cumulative impact evaluation. When these sections are read together, groundwater studies are optional, cumulative impact assessment is optional, and monitoring is not secured through development approvals. This does not meet the County OP requirement to ensure long-term groundwater sustainability,
particularly in areas dependent on private wells. There is also a financial dimension. Vienna’s municipal water system currently serves roughly 880 users. If major growth areas in Vienna proceed on private wells rather than connecting to
municipal water, the number of users remains static while infrastructure costs continue to rise. That shifts the long-term financial burden onto existing ratepayers and undermines the sustainability of the municipal water system.
Given these implications, the Plan needs clear direction on four points: 1. whether SPA-15 permits development on partial services within Vienna’s Tier 1 boundary;
2. whether hydrogeological and cumulative groundwater impact assessments are mandatory for development on private wells; 3. how the Plan satisfies County OP groundwater requirements; and
4. how growth allocation supports the long-term financial sustainability of the municipal water system. Without these clarifications, the Plan does not provide a defensible or sustainable framework for servicing, groundwater protection, or long-term infrastructure planning. Thank you. 2. Tourism Policy Commentary: Settlement Area Framework and Waterfront Planning Statutory Open House — March 5, 2026 Tourism Policy Commentary: Settlement Area Framework and Waterfront Planning Bayham Official Plan – Final Draft (January 2026) The County of Elgin Official Plan identifies tourism as a strategic economic priority for the region. Lakeshore communities are recognized as key contributors to the County’s economic
vitality, cultural identity, and regional draw.
Bayham’s draft Official Plan states in Section 9.1.1 that “the growth of the tourism industry is a strategic priority for the Municipality and tourism uses shall generally be supported subject to the policies of this Plan.” This declaration aligns with County direction. However, beyond this general statement, the Plan does not meaningfully operationalize tourism within its settlement area structure — particularly in Port Burwell, which is Bayham’s primary waterfront and tourism destination. By comparison, Central Elgin’s Official Plan embeds tourism directly into the spatial and policy
framework of Port Stanley. In Central Elgin: • The waterfront is treated as a distinct planning focus. • Harbour and beach areas are addressed through targeted policy language.
• Tourism-supportive commercial uses are embedded in settlement land use designations. • Public access, waterfront function, and seasonal visitor patterns are acknowledged in policy.
• Infrastructure planning recognizes the role of tourism in shaping transportation, parking, and public realm priorities. Tourism in Central Elgin is not merely “supported”; it is planned for.
In Bayham’s draft Plan: • Tourism policy is largely concentrated in Section 3 under Rural Area agri-tourism. • Settlement Area policies contain only limited and passing references to tourism-related
uses. • There is no waterfront tourism policy framework. • Port Burwell is not identified as a tourism node within the settlement hierarchy. • There is no dedicated policy structure addressing harbour lands, marine tourism, waterfront commercial intensification, visitor infrastructure, or tourism-oriented placemaking within the Settlement Areas. • Infrastructure policies (Section 6) do not identify tourism-supportive investment priorities. While the draft Official Plan identifies tourism as a “strategic priority,” the Settlement Area
policies contain only limited references to tourism-related uses. There is no embedded framework that positions Port Burwell’s waterfront, harbour, or commercial core as a defined tourism node within the settlement hierarchy.
Instead, tourism support appears contingent upon general policy interpretation and Council discretion — effectively dependent on political will rather than structured as a guiding land-use principle. A strategic priority should be operationalized through clear spatial policy, integrated
infrastructure alignment, and explicit settlement-area objectives. In the absence of this structure, tourism remains aspirational language rather than a planned economic direction consistent with the Municipality’s own Strategic Plan and the County’s regional tourism objectives.
If tourism is truly a strategic priority, then the Official Plan should: 1. Explicitly identify Port Burwell as a waterfront tourism node within the settlement hierarchy.
2. Include a waterfront tourism policy framework addressing harbour lands, marine uses, beach access, tourism-oriented commercial uses, and public realm enhancement. 3. Integrate tourism planning with transportation and infrastructure policy. 4. Provide policy support for destination-oriented commercial intensification within the Port Burwell settlement area. 5. Align economic development, placemaking, and infrastructure planning with tourism objectives. Tourism cannot be treated as aspirational rhetoric in one section while lacking structural
expression elsewhere in the Plan. If tourism is a strategic priority, it must be embedded as a guiding principle within the Settlement Area policies and reflected in the Municipality’s infrastructure and growth framework.
In particular, the implementation of permanent paid parking infrastructure in Port Burwell to generate revenue from both residents and visitors formally recognizes tourism as a revenue-generating function of the Municipality. Tourism is therefore no longer incidental — it is part of the Municipality’s fiscal strategy. The Official Plan should reflect that reality through a clear waterfront tourism framework that supports and guides that economic role. Submitted by: Susanne M. Schlotzhauer, Port Burwell, ON March 5, 2026
Spoken Version — Tourism Policy Commentary Thank you. My comments relate to the treatment of tourism within the Draft Official Plan, particularly as it concerns the settlement area framework and waterfront planning.
The County of Elgin Official Plan identifies tourism as a strategic economic priority for the region. Lakeshore communities are recognized as central to the County’s economic vitality and cultural identity. Bayham’s draft Plan echoes this in Section 9.1.1, stating that tourism growth is
a strategic priority and that tourism uses will be supported. That alignment is welcome. However, beyond this general statement, the Plan does not meaningfully operationalize tourism within its land-use structure—especially in Port Burwell, which is Bayham’s primary waterfront
destination and the Municipality’s most significant tourism asset. Other municipalities, such as Central Elgin, embed tourism directly into their spatial and policy frameworks. In Port Stanley, the waterfront is treated as a distinct planning focus. Harbour
lands, beach areas, and tourism-supportive commercial uses are addressed through targeted policy language. Infrastructure planning explicitly recognizes the role of tourism in shaping transportation, parking, and public realm priorities. In other words, tourism is not simply “supported”; it is planned for. In contrast, Bayham’s draft Plan disperses tourism policy across sections, with most of the substantive language appearing under Rural Area agri-tourism. Within the Settlement Area policies, references to tourism are limited and incidental. There is no waterfront tourism framework. Port Burwell is not identified as a tourism node within the settlement hierarchy.
There is no policy structure addressing harbour lands, marine tourism, waterfront commercial intensification, visitor infrastructure, or tourism-oriented placemaking. Infrastructure policies do not identify tourism-supportive investment priorities.
The result is a disconnect: tourism is described as a strategic priority, but it is not embedded as a guiding principle within the settlement area framework. Instead, tourism support appears contingent on general policy interpretation and Council discretion. A strategic priority should not
depend on political will; it should be expressed through clear spatial policy, integrated infrastructure alignment, and explicit settlement-area objectives. This gap is particularly notable given the Municipality’s recent implementation of permanent paid
parking infrastructure in Port Burwell. That decision formally recognizes tourism as a revenue-generating function of the Municipality. Tourism is no longer incidental—it is part of Bayham’s fiscal strategy. The Official Plan should reflect that reality.
If tourism is truly a strategic priority, the Plan should explicitly identify Port Burwell as a waterfront tourism node; establish a dedicated waterfront tourism policy framework; integrate tourism considerations into transportation and infrastructure planning; and provide policy support for destination-oriented commercial intensification within the Port Burwell settlement area. These elements would align the Plan with both the County’s regional tourism objectives and Bayham’s own strategic direction. Thank you. Response sent: March 9, 2026 Thank you for your continued participation in the Official Plan Conformity Review. As noted by the Mayor and Municipal Planner at the Statutory Public Meeting on March 5,
2026, the scope of the project is to ensure the Official Plan conforms to provincial and County
policies, which have evolved significantly since the previous 5-year review. This scope did not include a comprehensive policy review and so, where changes to provincial and County policies did not impact existing Official Plan policies, these were maintained as is. As the County adopted a new Official Plan, significant changes in the ordering of existing policies in the Municipality of Bayham Official Plan was warranted through this conformity exercise to assist with alignment and make the Official Plan easier to read and administer.
Servicing, Groundwater, and Growth The intent of Specific Policy Area No. 15 was provided to Council and the public on pages 6-7 of the attached memo from October 2024 with a summary of what a Master Servicing Plan would
consider within the conclusions. The application of SPA No. 15 provides an additional level of protection for existing servicing systems to ensure capacity and potential constraints are identified prior to the approval of new development and the flexibility in language reflects the
variation in municipal servicing provided in the different settlement areas in the Municipality. That is, where full services are available, a study is required for both water and sanitary services, and where partial services are available, a study is required for the municipal service
that is available. These policies are read together with other policies so that where private water service is proposed, the groundwater policies and subdivision policies apply. These do not need to be specifically referenced as they are also part of the Official Plan.
With respect to detailing the specific requirements of a servicing study, the Official Plan is not an appropriate place to detail the technical requirements / terms of reference of a servicing study. These are determined by appropriate professional experts in accordance with applicable provincial guidance. Rather, the Official Plan enables the Municipality to require that certain technical work be done to its satisfaction prior to development proceeding. With respect to the monitoring of servicing capacity and the ability to limit development approvals based on capacity limitations, specific policies are provided in the Official Plan (6.4.4). With respect to the groundwater policies (Section 5.12), these new policies provide clear
authority for the existing Municipal practice of requiring cumulative groundwater impact assessment through the Plan of Subdivision process (Section 11.6.6 of the Official Plan and Section 51 of the Planning Act).
Finally, the complete application policies (Section 11.5.2) conform to the County's policies and are required under the Planning Act to enable the Municipality to require any number of studies. The studies required by a Municipality must be rationally connected to the application, and an
applicant may appeal the requirement to provide these studies to the Ontario Land Tribunal. It would not be appropriate to require all such studies for every application, which is why the language used is "may" rather than "shall".
The County has provided comments on the Final Draft Official Plan, none of which relate to servicing, Special Policy Area No. 15, groundwater, or complete application policies. Their comments and our response were included in the report(s) provided to Council on March 5th.
Tourism As noted above, the scope of the OPCR did not include a comprehensive policy review and so did not undertake any non-conformity related updates to tourism policies. That said,
• The existing Harbour Residential/Commercial Designation (4.4.4) in Port Burwell has been maintained and includes appropriate references to the waterfront and related uses that support commercial and tourism-supportive land uses.
• County policy direction related to tourism is mirrored in the Final Draft Bayham Official
Plan in the applicable sections, including placemaking (9.1.2), and enables the Municipality to undertake certain activities. Further, the establishment of a marina in Port Burwell is encouraged (6.3.11), implementing broader County direction.
• Agri-tourism is also a specific policy direction from the County generating conformity-related policy changes in Final Draft Bayham Official Plan. These policies recognize the significant role that agriculture plays in both the County and the Municipality. Should Council direct that a tourism strategy be prepared, such a strategy may identify changes to Official Plan policies to further enable elements of such a strategy. However, preparation and funding of any strategy and related implementation of recommended activities remains the purview of Council.
Thank you again for your participation in the Official Plan Conformity Review. 21. Name: Susanne M. Schlotzhauer Contact: Comment received: March 12, 2026 Dear Municipal Staff and Members of Council, Thank you for your March 9, 2026 correspondence regarding my comments on the Final Draft
Official Plan. I have prepared a written response addressing the tourism policy matters raised in your email, and I am submitting it as an attached PDF for inclusion in the public record.
This email addresses only the tourism policy gap identified in your response. I will be providing a separate written submission regarding the servicing, groundwater, and partial-services issues.
For completeness, I have also re-attached my original written tourism submission from March 4,
2026. These documents were submitted prior to the statutory public meeting and form part of my formal participation under Section 17 of the Planning Act.
I would appreciate written confirmation that: 1. My full submissions—not summaries—will be included in the record forwarded to
Bayham Council and to the County of Elgin as part of their review of the adopted Official Plan, and 2. All attachments submitted with this email will be added to the public record for the Official Plan Review. I note that the March 5, 2026 Statutory Public Meeting agenda included summaries of certain public comments rather than the full submissions. Given that the County of Elgin is the approval authority, and that appeal rights depend on the completeness of the record, I want to ensure that my comments are transmitted in full.
As the County of Elgin will be conducting its own review of the adopted Official Plan, I will also be forwarding my tourism submission directly to the County to ensure it forms part of the record
for their consideration as approval authority. Thank you for your attention to this matter. I look forward to your response and confirmation of
receipt of this correspondence and attachments. Attachment: (excluding resubmission of March 4th attachment)
Follow-up Submission - Tourism Conformity Tourism Policy Gap — Bayham Official Plan Final Draft For the Public Record Re: Statutory Open House — March 5, 2026
Tourism Policy Commentary: Settlement Area Framework and Waterfront Planning Bayham Official Plan – Final Draft (January 2026) Dear Municipal Staff and Members of Council, Thank you for your March 9, 2026 correspondence responding to my comments presented at the Statutory Public Meeting on March 5, 2026 regarding the Final Draft Bayham Official Plan. Your response indicates that the purpose of the current Official Plan review is to ensure
conformity with provincial and County policy, and that the scope of the project did not include a comprehensive policy review. As noted: “Where changes to provincial and County policies did not impact existing Official Plan policies,
these were maintained… significant changes in the ordering of existing policies… were undertaken to assist with alignment and make the Official Plan easier to read and administer.”
I appreciate the clarification of the Municipality’s position. However, this explanation does not address the issue raised in my submission regarding the treatment of tourism policy— specifically, the absence of a policy framework recognizing Port Burwell as a waterfront tourism
destination within the settlement area policies. The document before Council is not a minor update. It is a complete restructuring and rewriting of Bayham’s Official Plan to conform with the 2024 Provincial Planning Statement and the 2025 Elgin County Official Plan. Once a municipality undertakes a full rewrite to achieve conformity, it cannot selectively exclude upper-tier strategic directions on the basis that they were not part of a “comprehensive review.” That terminology reflects an older PPS framework that no longer governs the current conformity exercise. Under the PPS 2024 and the County OP, conformity is not optional, and it is not limited to policies the Municipality chooses to update. A local Official Plan must implement all relevant
upper-tier policy directions, including those related to tourism, waterfront communities, and regional economic development.
The Elgin County Official Plan clearly identifies tourism as a strategic economic priority and explicitly identifies Port Burwell as an established tourist destination. The County OP contains multiple policies supporting tourism development through:
• waterfront revitalization
• placemaking initiatives
• scenic route planning
• Community Improvement Plans
• marine port policies
• recognition of Lake Erie harbour communities as tourism gateways
Despite this regional policy direction, the Bayham Official Plan does not embed a corresponding tourism policy framework within the settlement area policies for Port Burwell.
Instead:
• tourism policy is largely confined to agri-tourism in rural areas
• Port Burwell is not identified as a tourism node within the settlement hierarchy
• there is no waterfront tourism policy framework
• there is no policy structure addressing harbour lands, marine tourism, waterfront commercial intensification, visitor infrastructure, or tourism-oriented placemaking
This creates a clear and material policy gap between the Elgin County Official Plan and the Bayham Official Plan. The issue raised in my comments is therefore not whether the Municipality was obligated to undertake a comprehensive rewrite of tourism policies. The issue is whether the Official Plan— having been reorganized and rewritten to conform with the PPS and the County OP— adequately implements the County’s tourism and waterfront economic development policy direction at the local level.
At present, it does not. This gap is particularly notable given that:
• Port Burwell is explicitly identified in the County OP as an established tourism destination
• Port Burwell is a Lake Erie harbour community and marine port
• the community forms part of the County’s scenic tourism route network
• the Municipality has previously adopted a Port Burwell Waterfront Master Plan
• the Municipality has implemented paid beach parking infrastructure, recognizing tourism
as a municipal revenue source
• the community contains significant tourism assets, including the Port Burwell Lighthouse
and Marine Museum, the Museum of Naval History – HMCS Ojibwa, the harbour waterfront, the Port Burwell Provincial Park, and a Blue Flag–certified beach
These facts demonstrate that tourism already functions as a major economic driver in Port Burwell. Yet the Bayham Official Plan does not provide a clear policy framework to guide or support that role within the settlement area policies, including the need to engage and partner
not only with the County, but also with federal agencies responsible for the harbour (DFO/Small Craft Harbours), the Port Burwell Provincial Park, and the HMCS Ojibwa Museum in tourism policy development for, and tourism development within, Port Burwell.
For ease of reference, Appendix A identifies relevant tourism and waterfront economic development policies within the Elgin County Official Plan that support Lake Erie waterfront communities—including Port Burwell—as tourism destinations and economic development nodes. As the approval authority for the Bayham Official Plan, the County of Elgin will ultimately determine whether the proposed Official Plan conforms with and adequately implements County
policy direction. Where a local Official Plan does not provide a clear framework for implementing County tourism and waterfront economic development policies, it is appropriate— and necessary—for the approval authority to consider whether additional policy direction is required
to ensure conformity. For a community explicitly identified in the County Official Plan as an established tourism
destination, the absence of a clearly articulated waterfront tourism framework within the Bayham Official Plan represents a conformity gap, not a matter of political preference.
Given this policy context, I would appreciate clarification regarding the Municipality’s rationale for not identifying Port Burwell as a waterfront tourism node within the settlement area framework, particularly given that the Elgin County Official Plan explicitly recognizes Port Burwell as an established tourism destination and identifies tourism and waterfront communities as important components of the County’s economic development strategy.
If the Municipality’s position is that the existing policies within the draft Bayham Official Plan adequately implement the County’s tourism policy direction, I would welcome a more detailed explanation of how those policies are intended to give effect to the County’s framework for waterfront tourism destinations. Absent such clarification, I intend to raise this conformity issue directly with Elgin County as the approval authority.
This correspondence addresses the tourism policy issue raised in my previous submission. Other matters raised during the statutory consultation process will be addressed separately.
Thank you for your consideration. Sincerely, Susanne Schlotzhauer
Port Burwell, Ontario Appendix A
Elgin County Official Plan Policies Supporting Tourism and Waterfront Destinations**
(For the Public Record — Conformity Analysis)
For clarity, this conformity analysis does not reproduce the numerous agri-tourism policies contained in Section 3 of the Bayham Official Plan. Those policies are acknowledged and are not in dispute. The issue raised in this submission is not the absence of rural or agricultural tourism direction, but the absence of a settlement-area-based tourism and waterfront policy framework for Port Burwell — the Municipality’s primary tourism destination and a community explicitly identified in the Elgin County Official Plan as a County-level tourism node. The presence of agri-tourism policies does not satisfy the County’s strategic direction for waterfront tourism communities, nor does it implement the County’s economic development policies
related to Lake Erie ports, scenic routes, placemaking, or waterfront revitalization. The conformity gap identified in this appendix therefore relates specifically to the lack of a local implementation framework for County-directed waterfront tourism policy, not to the rural
agri-tourism policies that already exist in the Bayham OP. Table A-1: County OP Tourism & Waterfront Policy Direction
County OP Section Policy Summary Relevance to Bayham
1.1 – County Overview Identifies Port Stanley,
Sparta, and Port Burwell as established tourist destinations attracting
visitors to the County.
Port Burwell is explicitly
recognized as a County-level tourism destination; Bayham’s OP
does not reflect this in its settlement area policies 3.0 – Economic Development (Strategic Direction)
Reinforces that downtowns, waterfronts, and Lake Erie
ports are economic and social focal points requiring supportive planning.
Bayham’s OP contains no waterfront tourism
framework for Port Burwell despite its status as a Lake Erie port.
3.1 – General Policy Tourism is recognized as a
key driver of the County’s economy and a sector requiring coordinated
planning.
Bayham’s OP limits tourism
policy to agri-tourism and does not provide coordinated planning for its
primary tourism destination
3.14 – Tourism Tourism growth is identified as a strategic priority for the County, requiring local
implementation
Bayham’s OP does not implement this priority within its settlement area
structure.
3.15 – Scenic Routes Scenic routes connect Lake Erie ports and tourism destinations, including Port
Burwell.
Bayham’s OP does not integrate scenic route planning or tourism corridor
policies.
3.16 – Downtowns & Waterfronts Supports waterfront
revitalization and identifies waterfronts as key tourism and economic development assets.
Bayham’s OP contains no
waterfront revitalization or tourism-oriented waterfront policy for Port Burwell
3.17 – Placemaking Encourages placemaking initiatives to attract visitors and support local economies.
Bayham’s OP does not include placemaking policies for Port Burwell’s waterfront or commercial core. 3.19 – Community Improvement Plans CIP tools are identified as mechanisms to support
waterfront revitalization and heritage tourism.
Bayham’s OP does not link CIP tools to Port Burwell’s
waterfront or tourism assets. 8.28 – Marine Ports Lake Erie ports are recognized as tourism gateways and economic resources requiring supportive policy.
Port Burwell is a Lake Erie port; Bayham’s OP does not include marine tourism or harbour-related policy direction.
Summary of Conformity Implications The Elgin County Official Plan: • identifies Port Burwell as a regional tourism destination • identifies Lake Erie ports as tourism gateways • directs local municipalities to implement County tourism and waterfront economic development policy • requires clear, predictable policy frameworks to support tourism, placemaking, and waterfront revitalization
The Bayham Final Draft Official Plan: • does not identify Port Burwell as a tourism node
• does not include a waterfront tourism policy framework • does not integrate tourism into settlement area planning • does not address harbour lands, marine tourism, scenic routes, or visitor infrastructure
• does not implement County-level placemaking or CIP direction for waterfront communities
This appendix demonstrates that the Bayham Official Plan, as currently drafted, does not conform to the County’s tourism and waterfront economic development policies and therefore does not fully implement the County’s strategic direction for Lake Erie waterfront communities.
Port Burwell’s tourism system includes federal, provincial, and national-level assets— including the DFO/Small Craft Harbours facility, the Port Burwell Provincial Park, the Museum of Naval History (HMCS Ojibwa), the Port Burwell Lighthouse and Marine Museum, and a Blue Flag–certified beach—underscoring the need for a local policy framework that reflects the County OP’s direction on cross-jurisdictional coordination and waterfront economic development.
Response sent: sent as dual response to comments received March 12th & 18th – see below #36 22. Name: Elaine Cartwright Contact: Comment received: March 12, 2026
I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include
a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan. Please ensure Port Burwell is properly recognized and supported. Response sent: March 23, 2026
Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including
Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11).
The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 23. Name: Sabrina and Wayne MacQueen Contact: Comment received: March 12, 2026 It has come to our attention that Port Burwell is being overlooked as a MAJOR tourist draw to
Bayham and there is no plan for the promotion of this jewel on Lake Erie. This has to be an oversight and simply must be well promoted. Promoting Port Burwell as the MAJOR TOURIST ATTRACTION for Bayham will benefit everyone. Port Burwell must be identified as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. There seems to be no problem collecting tourist dollars for visitors to our beach and yet there is no official plan?
I don't understand. Please advise and thank you for giving this the attention it obviously deserves. Thank you. Sabrina and Wayne MacQueen Residents of Port Burwell Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port
Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/
Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and
prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11).
The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on
April 2, 2026. 24. Name: Douglas Park Contact: Comment received: March 12, 2026 Like to see port burwell designated as a tourism town in the official plan. Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port
Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/
Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and
prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11).
The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on
April 2, 2026. 25. Name: Debbie and Rick Marlatt Contact: Comment received: March 12, 2026 To whom it may concern, I am writing to ask the Municipality to identify Port Burwell as a tourism node and to include a
proper tourism and waterfront policy framework in the Official Plan. Port Burwell has significant tourism assets such as the Port Burwell Provincial Park, the Blue Flag Status beach, the Marine Museum, the lighthouse, a beautiful beach which council obviously recognized as tourist area to
implement paid parking , the HMCS Ojibwa and lets not forget our harbour which not only
personal watercraft such as ourselves use but commercial fishermen use. It’s extremely clear and important to implement Port Burwell in the Official Plan for tourism and waterfront policy framework as it clearly aligns to Elgin County’s official plan. Sincerely Rick and Debbie Marlatt Vienna Response sent: March 23, 2026
Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism
(Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3).
The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and
rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the
Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 26. Name: Anita Gilvesy Contact: Comment received: March 12, 2026 To whom it may concern: I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port
Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. Thank you. Anita Gilvesy Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell.
We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina
(Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on
April 2, 2026. 27. Name: Laura Cott Contact:
Comment received: March 13, 2026 I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan. Please ensure Port Burwell is properly recognized and supported. Thank you.
Laura Edwards Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port
Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/
Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and
prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11).
The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 28. Name: Barry Wade Contact: Comment received: March 13, 2026
I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a
clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan. Please ensure Port Burwell is properly recognized and supported. Thank you.
Barry Wade Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port
Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/
Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the
Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 29. Name: Magdalena Braun
Contact: Comment received: March 12, 2026 To whom it may concern, I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. Thank you, Magdalena Vyse Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell.
We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina
(Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including
Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 30. Name: Katy Wells
Contact: Comment received: March 12, 2026 I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port
Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. Thank you Response sent: March 23, 2026
Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism
(Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11).
The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026.
31. Name: Kathy Mitchell Contact: Comment received: March 12, 2026 I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. Thank you. Response sent: March 23, 2026
Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism
(Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3).
The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and
rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 32. Name: Nelly Green Contact:
Comment received: March 15, 2026 I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS
Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan. Please ensure Port Burwell is properly recognized and supported.
Thank you. Response sent: March 23, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port
Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/
Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the
Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 33. Name: Lori & Jeff Carey
Contact: Comment received: March 15, 2026 I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan. Please ensure Port Burwell is properly recognized and supported.
Thank you. Jeff & Lori Carey Response sent: March 203, 2026
Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism
(Section 9.1.1) and carry-forward the existing policy support for Harbour Residential/ Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3).
The Plan also enables the Municipality to support placemaking initiatives (Section 9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality, including Port Burwell for a wide range of purposes, including tourism-related revitalization and
rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 34. Name: Kate Kent Contact: Comment received: March 14, 2026
If you’d like to send a quick email to support Port Burwell, here’s a simple message you can copy and paste: Subject: Port Burwell in the Official Plan
To: opreview@bayham.on.ca Township Council: I am writing to support identifying Port Burwell as a tourism node in Bayham’s Official Plan. Port
Burwell has significant tourism assets, including the Blue Flag Beach, Provincial Park, HMCS Ojibwa, the Lighthouse and Marine Museum, and the harbour. The Official Plan should include a clear tourism and waterfront policy framework that aligns with Elgin County’s Official Plan.
Please ensure Port Burwell is properly recognized and supported. Although I do not reside in Port Burwell, it is and has been a destination point for Lee and I so very many times. It is and has been in need of development far too long. It is such an oversight
to not capitalize on a natural opportunity. Kate Kent Thank you. Response sent: March 24, 2026 Thank you for your comments on the Official Plan Review regarding tourism policies and Port Burwell. We can confirm that the policies of the Final Draft Official Plan include support for tourism (Section 9.1.1) and carry-forward the existing policy support for Harbour
Residential/Commercial uses within Port Burwell (Section 4.4.4), encourage the establishment of a marina (Section 6.3.11), support expanding public access to the waterfront (Section 4.4.4.2-4.4.4.3). The Plan also enables the Municipality to support placemaking initiatives (Section
9.1.2) and prepare a Community Improvement Plan applicable to anywhere in the Municipality,
including Port Burwell for a wide range of purposes, including tourism-related revitalization and rehabilitation initiatives (Section 11.6.11). The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 35. Name: Sabrina and Wayne MacQueen
Contact: Comment received: March 15, 2026 Dear Council:
A Great Lakes historian weighs in on the Port Burwell Lighthouse In the recent London Free Press article on the future of the Port Burwell Lighthouse, Great Lakes historian **Wes Oleszewski**, author of Great Lakes Lighthouse: American and Canada,
said: “Frankly, from the viewpoint of a Great Lakes research historian, anything that was constructed of wood in 1840 and remains standing in 2026 should be preserved. To bulldoze such a
structure is not just sad, but it is nearly criminal. It is at least a slap in the face to Canadian history.” After the article was published, Mr. Oleszewski kindly responded to a message from our
community group and allowed us to quote from his written comments (shared below). His words highlight something many people in Port Burwell already understand: The 1840 Port Burwell Lighthouse is not just a local structure — it is a rare and significant piece of Great Lakes maritime history. Port Burwell was once a bustling port of commerce, a place where ships were built, cargo moved through the harbour, and the lighthouse provided a critical navigation point for mariners on Lake Erie. Yet today the future of this historic structure remains uncertain.
At the same time the municipality says it has no in-house funding available to begin restoration, council has approved millions of dollars in new borrowing for other municipal projects, namely the highly controversial $4-million SCC expansion.
That contrast raises an important question for our community: How do we recognize and protect the heritage assets that define Port Burwell?
Planning matters. Recognizing Port Burwell as a tourism destination in Bayham’s Official Plan, aligned with Elgin County’s tourism and waterfront revitalization policies, would help support the long-term
preservation of heritage assets like the lighthouse. The Port Burwell Lighthouse stood for more than 180 years. It deserves better than uncertainty.
Wes Oleszewski Author of 27 books including "Invisible Evil" and "World War II and the Great Lakes" "Call to Duty WWII" and "The Witch of November”. Forwarded to you from Sabrina and Wayne MacQueen Response sent: March 23, 2026
Thank you for your comments on the Official Plan Review specific to the lighthouse in Port Burwell. The Cultural Heritage policies contained in Section 9.3 provide the Municipality with a broad
range of tools to conserve cultural heritage resources. As you have noted, the key challenge is
then not policy but resources and acquiring those resources to enable the use of the available tools is beyond the scope of the Official Plan Review. The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. 36. Name: Susanne M. Schlotzhauer
Contact: Comment received: March 18, 2026
Dear Municipal Staff and Members of Council, Thank you for your March 9, 2026 correspondence regarding my comments on the Final Draft
Official Plan. Further to my previous correspondence, I am writing to provide a follow-up submission
addressing the servicing capacity, groundwater protection, and partial-services matters raised in your March 9 response. This submission is attached as a PDF for inclusion in the public record.
For clarity, this email addresses only the servicing and groundwater components of your March 9th response. As noted in my prior email, I provided a separate written submission addressing tourism policy matters, which was submitted on March 12, 2026. To date, I have not received confirmation of receipt of that submission. Given the absence of acknowledgment or response, I would appreciate clarification on the Municipality’s process for public submissions:
• What is the expected timeline for acknowledgment or response to written submissions?
• Will these submissions be formally reviewed and considered as part of the Official Plan process?
• Will a response be provided addressing the substance of the comments prior to Council adoption?
For completeness, I have also re-attached my original written submission dated March 4, 2026 regarding servicing capacity, groundwater protection, and growth allocation. These documents were submitted prior to the statutory public meeting and form part of my formal participation
under Section 17 of the Planning Act. I would appreciate written confirmation that:
1. My full submissions — not summaries — will be included in the public record 2. All materials will be forwarded to Bayham Council and to the County of Elgin as part of their review of the adopted Official Plan 3. All attachments submitted with this email will be included in full as part of the Official Plan Review record I note that the March 5, 2026 Statutory Public Meeting agenda included summaries of certain public comments rather than the full submissions. Given that the County of Elgin is the approval
authority, and that appeal rights depend on the completeness of the record, it is important that my submissions are transmitted in full.
As the County of Elgin will be conducting its own review of the adopted Official Plan, I will also be forwarding this submission directly to the County to ensure it forms part of the record for their consideration as approval authority. Thank you for your attention to this matter. I look forward to your confirmation of receipt of this correspondence and attachments, as well as clarification on how and when these submissions will be formally considered within the Official Plan review process.
Sincerely, Susanne Schlotzhauer
Port Burwell, Ontario Attachment (excluding resubmission of March 4th attachment)
Follow-up Submission – Groundwater Protection, Servicing Capacity, and Growth Allocation Dear Municipal Staff and Members of Council,
Thank you for your March 9, 2026 correspondence responding to my comments presented at the Statutory Public Meeting on March 5, 2026 regarding the Final Draft Bayham Official Plan. Your response indicates that the purpose of the current Official Plan review is to ensure conformity with provincial and County policy, and that the scope of the project did not include a comprehensive policy review. As noted: “Where changes to provincial and County policies did not impact existing Official Plan policies,
these were maintained… significant changes in the ordering of existing policies… were undertaken to assist with alignment and make the Official Plan easier to read and administer.”
I appreciate the clarification of the Municipality’s position. However, this explanation does not address the issues raised in my submission regarding groundwater protection, servicing capacity, and the long-term sustainability of development on partial services.
The document before Council is not a minor update. It is a complete restructuring and rewriting of Bayham’s Official Plan to conform with the 2024 Provincial Planning Statement and the 2025
Elgin County Official Plan. Once a municipality undertakes a full rewrite to achieve conformity, it cannot selectively exclude upper-tier strategic directions on the basis that they were not part of a “comprehensive review.” That terminology reflects an older PPS framework that no longer
governs the current conformity exercise. Under the PPS 2024 and the County OP, conformity is not optional, and it is not limited to policies the Municipality chooses to update. A local Official Plan must implement all relevant upper-tier policy directions, including those related to groundwater sustainability, cumulative impact assessment, and the servicing hierarchy. Groundwater in Bayham is not protected in a consistent, enforceable or development-linked way under the Final Draft Official Plan.
The Plan makes groundwater studies optional, does not require cumulative impact assessment, does not tie monitoring to development approvals, and allows development on private wells in Straffordville, Eden, and unserviced areas of Vienna without any long-term groundwater
sustainability framework. Nothing in the Plan commits the Municipality to expanding municipal water to these areas. In addition to these policy gaps, the Draft Official Plan is not sustainable for existing water users. Straffordville, Eden, and large portions of Vienna rely on private wells drilled into overburden aquifers that are already under pressure. The Plan permits additional development on these aquifers without requiring cumulative impact assessment, long-term monitoring, or any
commitment to extending municipal water to these areas. This exposes existing well users to increased risk of drawdown, interference, and long-term aquifer stress, particularly under climate-change conditions. It also undermines the financial sustainability of the Vienna/Port
Burwell municipal water system, which currently serves approximately 880 users; if growth proceeds on private wells rather than connecting to municipal water, the system’s fixed costs will continue to fall on a static user base. These outcomes are not consistent with the County
Official Plan or the PPS 2024 requirement to ensure long-term groundwater sustainability for both existing and future users.
My concerns are fourfold: 1. SPA-15 relies on a “Servicing Study” that is undefined and not designed to assess groundwater sustainability for development on private wells. A servicing study, as used in Ontario engineering practice, is a technical report designed for full municipal systems. It evaluates municipal water capacity, hydraulic modelling, reserve capacity, and system-wide allocations. These concepts do not apply to private wells. SPA-15 uses a tool designed for municipal pipes to regulate groundwater withdrawals, and it cannot do that. The Plan does not define what a servicing study must include, how capacity is calculated, or how constraints are identified.
2. The Draft OP does not commit to extending municipal water to Straffordville, Eden, or unserviced lands in Vienna. The Municipality is directing growth to areas that have no municipal water system and no long-
term servicing plan. This is not consistent with the servicing hierarchy in the PPS 2024 or the County OP, both of which require full municipal servicing in Tier 1 areas and limit partial services to exceptional circumstances. Long-term reliance on private wells in designated growth areas
raises significant groundwater sustainability concerns and shifts financial risk onto existing municipal water users. 3. Groundwater studies and cumulative impact assessments are discretionary, not mandatory. Section 5.12.2 states that the need for hydrogeological studies and cumulative groundwater
impact assessments “will be determined by the approval authority.” Section 11.5.2.3 lists groundwater studies as items that may be required in a complete application, not that they shall be required. SPA-15 does not reference Section 5.12 at all. This is not consistent with County OP requirements to ensure long-term groundwater sustainability and assess cumulative impacts, particularly in areas dependent on private wells. 4. Monitoring is not tied to development approvals. Section 6.4.4 requires the Municipality to establish a general monitoring program for municipal and private systems, including
groundwater impacts. However, this is a municipal-level program, not a development-level requirement. It is not tied to development approvals, does not require developers to fund monitoring, and does not require monitoring wells or cumulative impact evaluation. As written, it
does not satisfy County OP requirements.
A detailed conformity analysis, including the seven structural groundwater-protection failures, the sustainability risks, and a comparison of County OP requirements to the Draft Bayham OP, is provided in Appendix B. If the Municipality’s position is that the existing policies adequately implement County direction, I would welcome a more detailed explanation of how the Plan satisfies County groundwater
protection, cumulative impact, and servicing hierarchy requirements. Absent such clarification, I intend to raise this conformity issue directly with Elgin County as the
approval authority. Sincerely, Susanne Schlotzhauer Port Burwell, Ontario APPENDIX B – Groundwater & Servicing Conformity Analysis (Expanded) B-1: County OP Requirements vs. Bayham OP Policies B-2: Detailed Groundwater Protection Failures in the Draft Bayham OP The following seven structural failures demonstrate that groundwater in Bayham is not protected in any meaningful or enforceable way under the Final Draft Official Plan. 1. Groundwater studies are optional, not mandatory Section 5.12.2 states that hydrogeological studies and cumulative groundwater impact
assessments “will be determined by the approval authority.” This makes groundwater protection discretionary rather than required. 2. SPA-15 does not require groundwater studies at all SPA-15 requires only a “Servicing Study,” which is undefined and does not include groundwater sustainability analysis. SPA-15 does not reference Section 5.12, does not require
hydrogeological studies, and does not require cumulative impact assessment. 3. Monitoring is not tied to development approvals
Section 6.4.4 describes a general municipal monitoring program, but it is not secured through development approvals, does not require developers to fund monitoring, and does not require monitoring wells or cumulative impact evaluation.
4. Development on private wells is permitted in Tier 1 and Tier 2 areas SPA-15 allows development on “full or partial” services, enabling long-term reliance on private wells in Straffordville, Eden, and unserviced Vienna lands — contrary to the PPS 2024 and County OP servicing hierarchy. 5. The Draft OP does not commit to extending municipal water to Straffordville, Eden, or unserviced Vienna The Municipality is directing growth to areas with no municipal water system and no long-term
servicing plan. This undermines groundwater sustainability and shifts financial risk onto existing municipal water users. 6. Servicing capacity is undefined, untracked, and discretionary
SPA-15 requires demonstration of “available capacity,” but the Plan does not define capacity, does not establish a methodology for calculating it, and does not require tracking or reporting allocations. 7. A “Servicing Study” is the wrong tool for development on private wells Servicing studies are designed for full municipal systems (hydraulic modelling, reserve capacity, fire flow). These concepts do not apply to private wells. SPA-15 uses a tool designed for municipal pipes
to regulate groundwater withdrawals — and it cannot do that. B-2.1: Sustainability and Long-Term Water Supply Risks In addition to the structural policy gaps identified above, the Draft Bayham Official Plan does not satisfy the sustainability requirements of the PPS 2024 or the County Official Plan. The following
five concerns highlight the long-term risks to existing and future water users: 1. Sustainability is a required test under PPS 2024
The PPS requires municipalities to ensure long-term water supply for existing and future users. The Draft Bayham OP does not demonstrate how long-term groundwater sustainability will be maintained in areas dependent on private wells.
2. The County OP requires protection of existing water users The County OP explicitly requires municipalities to ensure groundwater quantity and quality will not be negatively impacted — including cumulative impacts. The Draft OP does not require cumulative groundwater impact assessment or monitoring tied to development approvals. 3. Bayham is directing growth to areas with no municipal water and no long-term servicing plan
Straffordville, Eden, and unserviced areas of Vienna are designated for growth despite having no municipal water system and no commitment to future servicing. This is the opposite of sustainable planning and contradicts the servicing hierarchy in both the PPS 2024 and the
County OP. 4. The 880 existing municipal water users are financially exposed
Vienna’s municipal water system currently serves approximately 880 users. If growth proceeds on private wells rather than connecting to municipal water, the system’s fixed costs will continue to fall on a static user base, undermining long-term financial sustainability.
5. Climate change increases the risk to overburden aquifers Lower recharge rates, more frequent drought cycles, and increased development pressure all compound the vulnerability of
the shallow overburden aquifers that Straffordville, Eden, and rural residents rely on. The Draft OP does not address these risks. B-3: Summary of Conformity Implications The Elgin County Official Plan requires municipalities to: • ensure long-term groundwater sustainability • assess cumulative impacts from development on private wells • prioritize full municipal servicing in Tier 1 areas
• protect vulnerable aquifers and recharge areas • track and allocate servicing capacity transparently • implement these requirements through enforceable local policy
The Bayham Final Draft Official Plan: • permits development on partial services in Tier 1 areas • does not define or track servicing capacity • does not require cumulative groundwater impact assessment • does not tie monitoring to development approvals • does not commit to extending municipal water to designated growth areas • does not implement County groundwater protection policies
These omissions represent a clear conformity gap with the County OP and the PPS 2024. Response sent: March 23, 2026 Good Morning Susanne
We received your emails and attachments dated March 12, 2026 regarding Tourism and March 18, 2026 regarding servicing capacity, groundwater protection, and partial-service matters. Thank you.
These submissions and all others received by March 25, 2026 will be included in the updated comment-response record. Should Council adopt the Official Plan, originals or copies of all comments received will be forwarded to the County of Elgin as the approval authority in
accordance with Subsection 17(23) of the Planning Act and O. Reg. 545/06. The municipal planner has further reviewed your March 12, 2026 letter and, in particular, Table A-1 that formed the basis for your assessment, and responds as follows:
• Section 1.1 of the County of Elgin Official Plan ("EOP"): This is a narrative description of
the County and is not direction to include specific policies in local official plans.
• EOP Section 3.0: The objectives assist in interpreting the intent of EOP policies and are
not themselves direction to include specific policies in local official plans.
• EOP Section 3.1: The County will lead coordination of these activities. Further, the
Municipality of Bayham Official Plan ("BOP") is not limited to agri-tourism as noted in the previous response provided on March 9, 2026.
• EOP Section 3.14: This policy language is included and localized at Section 9.1.1 of the BOP. Refer to the previous response provided on March 9, 2026 for examples of tourism direction included within the BOP.
• EOP Section 3.15: All scenic routes identified are roads under County jurisdiction. The County is a commenting agency on all development applications fronting onto County
roads.
• EOP Section 3.16: The policy language notes the County will support certain efforts and,
where appropriate, require certain studies. The BOP provides a land use policy framework and enables the necessary implementation tools to achieve the policy objectives.
• EOP Section 3.17: This policy language to encourage certain activities is included and localized at Section 9.1.2 of the BOP. No additional policies in the BOP are required for
Council to initiate a specific set of placemaking initiatives anywhere in the Municipality, subject to the appropriate processes, approvals, and funding.
• EOP Section 3.19: The County's policy language is substantially more restrictive than BOP Community Improvement Plan (CIP) policies and narrow the areas where the County would provide support. The BOP policies permits a CIP to be initiated for tourism
or waterfront initiatives, subject to the requirements of Section 28 of the Planning Act.
• EOP Section 8.28: As noted in the previous response provided on March 9, 2026, BOP
4.4.4 and 6.3.11 are examples of specific policy direction.
The municipal planner has also further reviewed your March 18, 2026 letter and, in particular, Table B-1 that formed the basis for your assessment, and responds as follows:
• EOP Section 2.3.3: There is no such section in the Approved EOP (Consolidated September 2025). Servicing Hierarchy policies are at EOP Section 8.16-8.18 and
includes a number of exceptions and justifications where connection to full municipal services are not proposed. These policies are mirrored at BOP Section 6.4.1, 6.4.2, and 6.4.5. Note that SPA No. 15 provides requirements in addition to the Servicing Hierarchy policies for specific lands. Refer to the previous response provided on March 9, 2026 for additional detail on the purpose and effect of SPA No. 15.
• EOP Section 7.2.1: There is no such section. BOP policies regarding cumulative impacts to groundwater mirror EOP Section 7.13 with identical language around the determination to require such studies by the relevant approval authority (see next response).
• EOP Section 7.2.3: There is no such section. EOP Section 7.13 regarding "Development
& Ground Water Features" is mirrored exactly in BOP Section 5.12.1.
• EOP Section 12.3: This section is not about servicing capacity, which is provided for in
EOP 8.19. This language is mirrored in BOP Section 6.4.5. Monitoring and allocating service capacity is provided for through BOP Section 6.4.3 and 6.4.4.
• EOP Section 13.2: This section is not about Local Official Plans. Regardless, providing for application requirements to be scoped to the application is an appropriate land use planning practice and the references provided in the submission that enable appropriate
flexibility in the BOP are also present in the EOP and for the same reason. Overall, the proposed Municipality of Bayham Official Plan conforms to the County of Elgin Official Plan, has regard for matters of provincial interest, and is consistent with the PPS. The revised March 2026 Final Draft Official Plan will be posted on or before March 27 on the Official Plan Review website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. We appreciate your on-going participation and engagement in the Official Plan Review and
trust the above provides additional clarity. 37. Name: The Meadows (Mobile Park) Contact: WSP c/o Daniel Rende Comment received: March 18, 2026
Thank you for providing the revised OP text with us. I don't have any comments at this time, however, can you advise when the revised draft will be posted online and what the cut off for comments would be? Response sent: March 20, 2026 The public meeting Notice for the Final Draft Official Plan was circulated January 28, 2026 with
comments to be submitted on or before the meeting date of March 5, 2026. Submissions and comments were taken into consideration by staff. The revised March 2026 Final Draft Official Plan is prepared and will be posted on or before March 27 on the Official Plan Review page on the municipal website. Council will consider adoption of the Official Plan at its meeting on April 2, 2026. Please let me know if you have any further questions.
Revisions to Final Draft Official Plan
www.arcadis.com Arcadis Professional Services (Canada) Inc., 420 Wes Graham Way, Suite 106, Waterloo, Ontario, 519 585 2255 1/24 Revisions-to-Final-Draft-OP
The Final Draft Official Plan was released on January 28, 2026, and circulated to agencies, departments, and all individuals requesting notification.
On February 6, 2026, the County of Elgin provided comments on the January 2026 Final Draft Official Plan by letter. On February 19, 2026, and
March 4, 2026, comments were received from the agent and planner for the Meadows Mobile Home Park respectively. On February 25, 2026, and
March 4, 2026, comments were received from the LPRCA. Additional public comments were also received between March 4, 2026 to March 18,
2026, and made at the Statutory Public Meeting on March 5, 2026.
The following additional changes were made in response to the above noted comments:
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
COUNTY OF ELGIN COMMENTS
1 1.1
An Official Plan is a strategic document
that describes how and where a
municipality will grow over a 30-year
planning horizon.
An Official Plan is a strategic document
that describes how and where a
municipality will grow over a 25-year
planning horizon.
Planning horizon intended to align
with County, being 2051 (25 years).
2 3.2.3
The conversion of lands designated
“Agricultural Area” to other uses shall be
strongly discouraged. Any such request
will require an Official Plan
Amendment and Zoning By-law
Amendment and be subject to the
following policies:
a) Requests to expand a settlement
area boundary shall be
considered in accordance with
provincial policy and the policies
of this Plan, recognizing the
excess of residentially designated
The conversion of lands designated
“Agricultural Area” to other uses shall be
strongly discouraged. Requests to expand
a settlement area boundary will require
an Official Plan Amendment and
Zoning By-law Amendment and shall be
considered in accordance with provincial
policy and the policies of this Plan,
recognizing the excess of residentially
designated lands described in Subsection
1.1.
Requests for new or expanded non-
agricultural uses within lands
historically designated for non-
Clarified that the only permitted
conversion of lands designated
“Agricultural Area” is through a
settlement area boundary
expansion per PPS 4.3.4, and that
the permitted new or expanded
non-agricultural uses under
Subsections 3.5 – 3.10 are within
the lands historically designated for
such uses, consistent with County
of Elgin Official Plan (EOP) 5.18.
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lands described in Subsection
1.1.
Requests for new or expanded non-
agricultural uses shall be subject to the
policies of the Provincial Planning
Statement for non-agricultural uses in
prime agricultural areas and the
applicable policies of Subsections 3.5
through 3.10 of this Plan.
agriculture and non-resource uses
shall be subject to the applicable
policies of Subsections 3.5 through 3.10
of this Plan as well as Subsection 3.2.8,
Minimum Distance Separation (MDS)
Formulae.
3 3.3.11
Certain types of farming operations
require outside farm labour to function. As
such, the Municipality supports the
erection or placement of additional
dwellings on farm parcels where the
size or nature of the farming operation
warrants additional dwellings. The
establishment of farm labour
accommodation is permitted in the
“Agricultural Area”, subject to the following
policies:
a) Minor Variance: Such dwellings may
only be permitted by a minor variance
to the Zoning By-law and may not be
severed from the farm operation;
b) Built-Form: Such dwellings may be
temporary dwellings in the form of a
mobile home or modular home; or a
permanent dwelling in the form of a
converted dwelling or bunkhouse;
c) Alternative Location(s):
Demonstration that alternative
Certain types of farming operations
require outside farm labour to function. As
such, the establishment of farm labour
accommodation is permitted in the
“Agricultural Area”, subject to the following
policies:
a) Minor Variance: Such
accommodations may only be
permitted by a minor variance to the
Zoning By-law and may not be
severed from the farm operation;
b) Built-Form: Such accommodations
may be temporary building(s) in the
form of a mobile home or modular
home; or a permanent building(s) in
the form of a converted dwelling or
bunkhouse;
c) Alternative Location(s):
Demonstration that alternative
locations for the accommodation in
existing farm dwellings on lots in the
same farm operation, in temporary
Revised wording to clarify the
establishment of farm labour
accommodation is permitted
subject to criteria, consistent with
EOP 5.11.
Reviewing the section, the
references to supplementary farm
dwelling and dwelling unit was also
corrected to the new language of
farm labour accommodations in
building(s).
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# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
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;
a) Need: Sufficient information must be
provided which outlines how the type,
scale, and/or size of the farm
operation warrant the need for a
supplementary farm dwelling;
b) Existing dwellings: Sufficient
justification must be provided to show
how any existing farm labour
dwelling units that are part of the
farming operation can’t satisfy the
housing needs of the farming
operation;
c) Location: Sufficient justification must
be provided to show how the location
of the farm labour dwelling unit
makes efficient use of existing
services and infrastructure and how
the location will not impact
surrounding land uses. Preference will
be given to close proximity to principal
farm dwellings and the use of natural
landscaping to buffer temporary
dwellings from surrounding land uses;
d) Size and Type: The farm labour
dwelling unit is of a minimum size
accommodation, in settlement areas
and other similar accommodation are
not feasible and not appropriate for
the intended accommodation;
d) Need: Sufficient information must be
provided which outlines how the type,
scale, and/or size of the farm
operation warrant the need for the
proposed farm labour
accommodation(s);
e) Existing accommodations: Sufficient
justification must be provided to show
how any existing farm labour
accommodations that are part of the
farming operation can’t satisfy the
housing needs of the farming
operation;
f) Location: Sufficient justification must
be provided to show how the location
of the farm labour accommodation
makes efficient use of existing
services and infrastructure and how
the location will not impact
surrounding land uses. Preference will
be given to close proximity to principal
farm dwellings and the use of natural
landscaping to buffer temporary
dwellings from surrounding land uses;
g) Size and Type: The farm labour
accommodation is of a minimum
size and type that can accommodate
both health unit and building code
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and type that can accommodate both
health unit and building code
requirements, and shall be no larger
than necessary to accommodate the
needs of the temporary farm help
residing in the dwelling. Preference
will be given to temporary dwellings,
or alternatively permanent dwellings
that are one storey in height, with a
cumulative maximum floor area of
approximately 167 m2 for all farm
labour accommodation dwelling(s)
on the lot;
e) Rural Character: The temporary
dwellings, or alternatively permanent
dwellings, address visual impacts on
rural character through architecture,
massing, and landscaping;
f) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary dwellings, or alternatively
permanent dwellings;
g) Services: The farm labour dwelling
unit must demonstrate an adequate
supply of potable water and sanitary
sewage disposal system to the
satisfaction of the Municipality.
Preference will be given to dwellings
which can make use of existing
services; and,
requirements, and shall be no larger
than necessary to accommodate the
needs of the temporary farm help
residing in the accommodation.
Preference will be given to temporary
building(s), or alternatively
permanent building(s) that are one
storey in height, with a cumulative
maximum floor area of approximately
167 m2 for all farm labour
accommodations on the lot;
h) Rural Character: The temporary
building(s), or alternatively
permanent building(s), address
visual impacts on rural character
through architecture, massing, and
landscaping;
i) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary building(s), or alternatively
permanent building(s);
j) Services: The farm labour
accommodation must demonstrate
an adequate supply of potable water
and sanitary sewage disposal system
to the satisfaction of the Municipality.
Preference will be given to
building(s) which can make use of
existing services; and,
k) Vehicular access: The farm labour
accommodation must demonstrate
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h) Vehicular access: The farm labour
dwelling unit must demonstrate how
vehicular access will not contribute to
any traffic-related hazards to the
satisfaction of the appropriate road
authority. Preference will be given to
the use of existing driveways.
how vehicular access will not
contribute to any traffic-related
hazards to the satisfaction of the
appropriate road authority. Preference
will be given to the use of existing
driveways.
4 3.3.11.2
Farm labour accommodation that cannot
comply with the policies in Subsection
3.3.12.1 above are referred to as “Large
Scale Farm Labour Accommodation” and
may be permitted for temporary
accommodation of seasonal farm labour
through temporary dwellings, or a
permanent dwelling subject to a Site-
Specific Official Plan and Zoning By-law
Amendment based on the following
criteria:
a) Alternative Location(s):
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;
b) Rural Character: The temporary
dwellings, or alternatively permanent
dwellings, address visual impacts on
rural character through architecture,
massing, and landscaping;
Farm labour accommodation that cannot
comply with the policies in Subsection
3.3.12.1 above are referred to as “Large
Scale Farm Labour Accommodation” and
may be permitted for temporary
accommodation of seasonal farm labour
through temporary dwellings or a
permanent dwelling, subject to a Site-
Specific Official Plan and Zoning By-law
Amendment and a Site Plan Application
based on the following criteria:
a) Alternative Location(s):
Demonstration that alternative
locations for the accommodation in
existing farm labour accommodation
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;
b) Rural Character: The temporary
building(s), or alternatively
permanent building(s), address
visual impacts on rural character
Clarified that a Site Plan Application
is required for Large Scale Farm
Labour Accommodation, consistent
with current practice and as
requested by the County. Further
clarified both temporary and
permanent dwellings are subject to
the noted applications and policies
through relocated comma.
Reviewing the section, the
references to supplementary farm
dwelling was also corrected to the
new language of farm labour
accommodations in building(s).
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c) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary dwellings, or alternatively
permanent dwellings;
…
through architecture, massing, and
landscaping;
c) Amenity Space: There is adequate
amenity space incorporated into the
development for the occupant(s) of
temporary building(s), or alternatively
permanent building(s);
…
5 3.3.11.3
The Municipality may enter into an
agreement with the applicant relating to
such matters as location, maintenance,
buffering, removal, and period of
occupancy of any Farm Labour
Accommodation, as well as any other
matters deemed appropriate to ensure
that the dwelling is used for its intended
purpose of providing housing for farm
help.
The Municipality may enter into a
development agreement with the
applicant relating to such matters as
location, maintenance, buffering, removal,
and period of occupancy of any Farm
Labour Accommodation, as well as any
other matters deemed appropriate to
ensure that the building(s) is used for its
intended purpose of providing housing for
farm help.
Clarifying the type of agreement,
which is secured either through a
Minor Variance (Farm Labour
Accommodation) or Site Plan
Control (Large Scale Farm Labour
Accommodation).
Reviewing the section, the
references to supplementary farm
dwelling was also corrected to the
new language of farm labour
accommodations in building(s).
6 3.5.2
Development of Mobile Home Parks is
limited to expansions of existing parks or
to new parks within settlement areas as
designated on the Schedules of this Plan.
The expansion of any of the listed existing
parks above, will be subject to the policies
of Subsection 4.5 of this Plan. Proposed
expansion of Mobile Home Parks into the
“Agricultural Area” designation shall be
discouraged and may only be considered
by a site-specific Official Plan Amendment
and an accompanying Zoning By-law
Development of Mobile Home Parks is
limited to expansions of existing parks or
to new parks within settlement areas as
designated on the Schedules of this Plan.
The expansion of any of the listed existing
parks above, will be subject to the policies
of Subsections 3.2.8 and 4.5 of this Plan.
Proposed expansion of Mobile Home
Parks into the “Agricultural Area”
designation shall be discouraged and may
only be considered by a site-specific
Official Plan Amendment and an
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
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Amendment, subject to the policies of the
Provincial Planning Statement for non-
agricultural uses in prime agricultural
areas and applicable policies of this Plan.
accompanying Zoning By-law
Amendment, subject to the policies of the
Provincial Planning Statement for non-
agricultural uses in prime agricultural
areas, the Minimum Distance
Separation Formulae, and applicable
policies of this Plan.
7 3.6.1
Seasonal travel trailer parks and
campgrounds may be permitted in areas
designated “Seasonal Travel Trailer Parks
and Campgrounds” on Schedule “B” of
this Plan. Subject to the policies of
Subsection 3.2 of this Plan and the
Provincial Policy Statement, it shall be the
policy of this Plan to encourage new
seasonal travel trailer parks or
campgrounds to locate in areas conducive
to such development. Such areas should
be part of the Otter Creek System, or on
the shoreline of Lake Erie where
exceptional scenic vistas, aesthetic
settings and recreational opportunities
exist, subject to the policies of this Plan
including Section 8 (Development
Hazards). Consideration in the evaluation
of proposed seasonal travel trailer parks
or campgrounds shall be in accordance
with Subsection 4.6 of this Plan.
Seasonal travel trailer parks and
campgrounds may be permitted in areas
designated “Seasonal Travel Trailer Parks
and Campgrounds” on Schedule “B” of
this Plan. Subject to the policies of
Subsection 3.2 of this Plan and the
Provincial Policy Statement, it shall be the
policy of this Plan to encourage new
seasonal travel trailer parks or
campgrounds to locate in areas conducive
to such development. Such areas should
be part of the Otter Creek System, or on
the shoreline of Lake Erie where
exceptional scenic vistas, aesthetic
settings and recreational opportunities
exist, subject to the policies of this Plan
including Subsection 3.2.8 (Minimum
Distance Separation (MDS) Formulae)
and Section 8 (Development Hazards).
Consideration in the evaluation of
proposed seasonal travel trailer parks or
campgrounds shall be in accordance with
Subsection 4.6 of this Plan.
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
8 3.7.4 In order to protect the surrounding
resource lands from the effects of the
In order to protect the surrounding
resource lands from the effects of the
Provide additional clarity that the
Minimum Distance Separation
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proposed use, the proposed institutional
use should meet, in addition to the
policies of this Plan, the following criteria:
proposed use, the proposed institutional
use is subject to the Minimum Distance
Separation Formulae and should meet,
in addition to the policies of this Plan, the
following criteria:
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
9 3.8.1
All commercial uses are encouraged to be
located within settlement areas.
Notwithstanding this, commercial uses
may be permitted in areas currently
designated “Commercial / Highway
Commercial” on Schedule “B” of this Plan.
All commercial uses are encouraged to be
located within settlement areas.
Notwithstanding this, commercial uses
may be permitted in areas currently
designated “Commercial / Highway
Commercial” on Schedule “B” of this Plan
subject to the Minimum Distance
Separation Formulae.
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
10 3.8.3
The establishment of new, or expansion
of existing, commercial uses in the Rural
Area shall be discouraged and may only
be considered by a site-specific Official
Plan Amendment and an accompanying
Zoning By-law Amendment. The following
policies shall govern the development and
zoning of commercial uses, which shall be
included in a ‘Highway Commercial Zone’
or ‘Rural Commercial Zone’ in the Zoning
By-law and which are subject to the
policies of the Provincial Planning
Statement for non-agricultural uses in
prime agricultural areas, where
applicable:
The establishment of new, or expansion
of existing, commercial uses in the Rural
Area shall be discouraged and may only
be considered by a site-specific Official
Plan Amendment and an accompanying
Zoning By-law Amendment. In addition
to the Minimum Distance Separation
Formulae per Subsection 3.2.8, the
following policies shall govern the
development and zoning of commercial
uses, which shall be included in a
‘Highway Commercial Zone’ or ‘Rural
Commercial Zone’ in the Zoning By-law
and which are subject to the policies of
the Provincial Planning Statement for non-
agricultural uses in prime agricultural
areas, where applicable:
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
11 3.9.2 In order to protect the surrounding
resource lands from the effects of the
In order to protect the surrounding
resource lands from the effects of the
Provide additional clarity that the
Minimum Distance Separation
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proposed use, the proposed recreational
use should meet, in addition to the
policies of this Plan, the following criteria:
proposed use, the proposed recreational
use is subject to the Minimum Distance
Separation Formulae and should meet,
in addition to the policies of this Plan, the
following criteria:
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
12 3.10.2
Industrial uses in locations other than the
Bayham Industrial Park may be permitted
on a limited basis subject to an Official
Plan Amendment and an accompanying
Zoning By-law Amendment, and provided
they meet all other applicable policies of
this Plan, and the Zoning By-law
regulations for industrial uses.
Industrial uses in locations other than the
Bayham Industrial Park may be permitted
on a limited basis subject to an Official
Plan Amendment and an accompanying
Zoning By-law Amendment, provided
they meet the Minimum Distance
Separation Formulae, all other
applicable policies of this Plan, and the
Zoning By-law regulations for industrial
uses.
Provide additional clarity that the
Minimum Distance Separation
(MDS) Formulae is applicable for
new or expanded uses, in
accordance with the PPS.
13 5.2(d)
The Municipality shall rely on the
expertise of the Province and the Long
Point Region Conservation Authority in
identifying potential natural heritage
features; and,
The Municipality shall rely on the
expertise of the Province in identifying
potential natural heritage features; and,
Revised to recognize provincial
changes to the scope of
Conservation Authorities.
14 5.10.1(a)
has reasonable confirmation that
development can proceed in accordance
with County, provincial and/or federal
requirements; and
has reasonable confirmation that
development can proceed in accordance
with provincial and/or federal
requirements; and
Removed reference to County as
jurisdiction for fish habitat or the
habitat of threatened or
endangered species is provincial
and/or federal.
15 6.3.1
Roads in the Municipality shall be
classified into a hierarchy on the basis of
jurisdiction, function, user characteristics,
speed and interconnections. The
classification of roads and the existing
and proposed road system is shown on all
Roads in the Municipality shall be
classified into a hierarchy on the basis of
jurisdiction, function, user characteristics,
speed and interconnections. The
classification of roads and the existing
and proposed road system is shown on all
Added definition of Collector
Roads, being one of two
classifications of Municipal Roads.
County Rural Collector Roads and
County Urban Collector Roads are
included within the definition of
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Schedules and Appendices of this Plan,
and are identified as follows:
Provincial Highways - Provincial
Highways are designed to provide a traffic
moving function and are not intended to
service adjacent lands. Provincial
Highways typically service high volumes
of traffic at high speeds.
County Roads – County Roads are
designed to provide a range of traffic
volumes for moving people and goods
throughout the County of Elgin and to
adjacent municipalities.
Local Roads – Local Road are
Municipally-owned roads which are
intended to provide access to abutting
properties, to serve destinations as
opposed to through traffic, and to act as
feeders to the arterial road system.
Private Roads - Private roads are lanes,
driveways, roads, or rights-of-way
maintained by private individuals or
bodies. It is the policy of this Plan to limit
new development on private roads. The
creation of a new lot for any purpose on a
private road outside of a plan of
condominium is not permitted, unless
specifically permitted in this Plan.
Schedules and Appendices of this Plan,
and are identified as follows:
Provincial Highways - Provincial
Highways are designed to provide a traffic
moving function and are not intended to
service adjacent lands. Provincial
Highways typically service high volumes
of traffic at high speeds.
County Roads – County Roads are
designed to provide a range of traffic
volumes for moving people and goods
throughout the County of Elgin and to
adjacent municipalities.
Collector Roads – Collector Roads are
Municipally-owned roads which are
intended to provide both access to
abutting properties and traffic
movement between local roads, other
collector roads, and the arterial road
system. Collector Roads are listed in
Table 2.
Local Roads – Local Roads are
Municipally-owned roads which are
intended to provide access to abutting
properties, to serve destinations as
opposed to through traffic, and to act as
feeders to the arterial road system.
County Roads for the purposes of
this plan.
Two minor typos are also corrected
for consistency in nomenclature.
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Private Roads - Private Roads are lanes,
driveways, roads, or rights-of-way
maintained by private individuals or
bodies. It is the policy of this Plan to limit
new development on private roads. The
creation of a new lot for any purpose on a
private road outside of a plan of
condominium is not permitted, unless
specifically permitted in this Plan.
16 6.3.2
The required right-of-way width (or road
allowance) of a road or highway shall be
determined by the authority having
jurisdiction. Generally, Municipality of
Bayham-owned arterial roads shall
have a right-of-way ranging from 20
metres to 30 metres. Local roads shall
have a right-of-way ranging from 20
metres to 26 metres. In some cases,
such as cul-de-sacs and short streets,
consideration may be given to road
allowances that are less than 20
metres in width; however, in no case
shall a road allowance be created that
is less than 15 metres in width.
The right-of-way width for any public road
may allow for the placement of travel
lanes, turning lanes, utilities,
infrastructure, high occupancy vehicle
lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped
boulevards, where appropriate.
The required right-of-way width (or road
allowance) of a road or highway shall be
determined by the authority having
jurisdiction.
New roads and re-constructed roads
under the Municipality’s jurisdiction
shall be developed to comply with the
following standards:
Collector Roads shall have a right-of-
way width of between 20 metres and 26
metres.
Local Roads shall have a right-of-way
width of 20 metres, with site-specific
consideration of no less than 15
metres for cul-de-sacs or short streets
Land dedications for roads and/or road
widening purposes shall be dedicated
to the authority having jurisdiction at
no expense. Where ranges of a
Policy is revised to use the base
language from EOP policy 8.3,
modified to provide specific right-of-
way ranges for Municipal roads
similar to the approach of the
County. The subsection clarifies
that the required right-of-way width
is determined by the authority
having jurisdiction, which
necessarily includes the County as
the applicable authority for County
roads.
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standard are provided, it shall be at the
sole discretion of the Municipality to
determine the appropriate standard.
Deviations from these standards may
be considered when:
a) the location of an identified
cultural heritage resource
limits design options; and/or
b) the presence of a natural
system feature or mature trees
limits design options.
The right-of-way width for any public road
may allow for the placement of travel
lanes, turning lanes, utilities,
infrastructure, high occupancy vehicle
lanes, sidewalks, paths, bicycle lanes,
medians, streetscaping and landscaped
boulevards, where appropriate.
17 6.3.2.1
In addition to the road right-of-way width
in Subsection 6.3.2, the Municipality
may, without the need for an amendment
to this Plan, require the dedication of
lands to be used for ‘daylight triangles’, to
provide sufficient sight distances and
turning lanes to provide safe and
appropriate access where major traffic
generators intersect. Where additional
land is required for intersection
improvements, such land shall be
dedicated to the Municipality at no
expense.
In addition to the road right-of-way width
in Subsection 6.3.2, the authority having
jurisdiction may, without the need for an
amendment to this Plan, require the
dedication of lands to be used for ‘daylight
triangles’, to provide sufficient sight
distances and turning lanes to provide
safe and appropriate access where major
traffic generators intersect. Where
additional land is required for intersection
improvements, such land shall be
dedicated to the authority having
jurisdiction at no expense.
Revised to clarify conveyance is to
the authority having jurisdiction.
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18 6.3.2.3
As a condition of a development approval,
land for road widenings shall be conveyed
at no expense to the Municipality in
accordance with the provisions of the
Planning Act. As a general principle,
required road widenings will be taken
equally from both sides of the right-of-
way. Unequal road widenings may be
considered by the Municipality where the
area is affected by a topographic feature
which is difficult to overcome or costly to
develop for road purposes.
As a condition of a development approval,
land for road widenings shall be conveyed
at no expense to the authority having
jurisdiction in accordance with the
provisions of the Planning Act. As a
general principle, required road widenings
will be taken equally from both sides of
the right-of-way. Unequal road widenings
may be considered by the Municipality
where the area is affected by a
topographic feature which is difficult to
overcome or costly to develop for road
purposes.
Revised to clarify conveyance is to
the authority having jurisdiction.
19 Table 2
(New)
[Table 2 added at end of Subsection
6.3.2, listing all Collector Roads by
segment; subsequent Tables and
references renumbered accordingly]
Revised to include a specific list of
Municipally-owned Collector Roads.
20
Schedules
A, B, B1,
B2, B3, C,
D, and
Appendix 1,
2
Base Features
…
Local Roads
Base Features
…
Municipal Roads
Revised as Municipal Roads
includes both Local Roads and
Collector Roads.
21 11.6.7.2(b)
The policies of this Plan and the
requirements of the Municipality regarding
consents may be implemented through a
site plan agreement between the
Municipality and the applicant pursuant to
the Planning Act.
The policies of this Plan and the
requirements of the Municipality regarding
consents may be implemented through a
development agreement between the
Municipality and the applicant pursuant to
the Planning Act.
Clarified the form of agreement is a
development agreement.
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MEADOWS MOBILE HOME PARK COMMENTS
22 3.5.1(a)
In addition to an existing 4.1 hectare
mobile home park, an additional 5.5
hectares of land in Lots 23, 24,
Concession 9, and municipally addressed
as 11981 Plank Road, will be considered
for mobile home park purposes subject to
site-specific Official Plan and Zoning By-
law amendments in accordance with the
applicable Official Plan policies and
subject to the following requirements:
…
In addition to an existing 5.1 hectare
mobile home park, an additional 4.5
hectares of land in Lots 23, 24,
Concession 9, and municipally addressed
as 11981 Plank Road, will be considered
for mobile home park purposes subject to
site-specific Official Plan and Zoning By-
law amendments in accordance with the
applicable Official Plan policies and
subject to the following requirements:
…
The existing mobile home park was
expanded to 5.1 hectares without
amendment to the Official Plan
within a still larger area zoned
Mobile Homes Parks (MH-2) in the
Zoning By-law. The total area of 9.6
hectares contemplated by the
existing policy is maintained.
Should the Mobile Home Park be
further expanded within but not
outside of the still larger area zoned
MH-2 and proposed to be
designated Mobile Home Park, this
would introduce an “error” that can
be corrected in the same manner
as this correction without requiring
an amendment to the Official Plan
at the time of a future consolidation.
23 Schedule B [Existing Mobile Home Park designation
at 11981 Plank Road]
[Revised Mobile Home Parks designation
at 11981 Plank Road]
The area designated Mobile Home
Parks at 11981 Plank Road are
modified to match the area with a
site-specific Mobile Home Parks
(MH-2) zone in the Zoning By-law
to maintain existing permissions.
LPRCA COMMENTS
24 4.4.8.7
(DELETE)
Lands within the area designated
“Open Space” may be susceptible to
hazardous conditions other than those
(DELETE)
Official Plan Amendments within
regulated areas of the Conservation
Authority, including hazard lands,
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associated with flooding. As such,
prior to an Official Plan Amendment to
redesignate land from the Open Space
designation, written approval from the
Conservation Authority must be
obtained, if required by the
Municipality.
are already required to be
circulated to the CA for comments,
but the CA is not an approval
authority for an OPA.
Subsequent subsection(s) is
renumbered accordingly.
25 5.7
5.7 Development In & Adjacent to
Wetlands
Development and site alteration in
significant wetlands and coastal
wetlands is prohibited and is regulated by
conservation authorities under the
Conservation Authorities Act, with specific
regard to interference with their
hydrogeological function. Development
proposed within 30 metres of a significant
wetland or coastal wetland shall only be
permitted subject to demonstrating,
through an environmental impact
statement, that there will be no negative
impacts on the wetland’s ecological
features and functions, and a
demonstration that the
regulatory/permitting requirements of the
conservation authority having jurisdiction
can be met.
5.7 Development In & Adjacent to
Significant Wetlands
Development and site alteration in
significant wetlands is prohibited and is
regulated by conservation authorities
under the Conservation Authorities Act,
with specific regard to interference with
their hydrogeological function.
Development proposed within 30 metres
of a significant wetland shall only be
permitted subject to demonstrating,
through an environmental impact
statement, that there will be no negative
impacts on the significant wetland’s
ecological features and functions, and a
demonstration that the
regulatory/permitting requirements of the
conservation authority having jurisdiction
can be met.
LPRCA confirmed they regulated all
significant wetlands, whether
coastal or inland. Wetlands that are
neither provincially nor locally
significant are not regulated,
whether coastal or inland.
26 6.4.9.2
In order to achieve no overall increase in
the peak level and volume of stormwater
runoff, all new development will be
required to provide suitable site grading
and outlet facilities for storm drainage.
In order to achieve no overall increase in
the peak level and volume of stormwater
runoff, all new development will be
required to provide suitable site grading
and outlet facilities for storm drainage.
LPRCA requested additional
language confirming a stormwater
management plan may be required
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The Municipality may require applications
for development or re-development to
include a stormwater management plan
prepared by a qualified professional, in
accordance with the policies of this
Section and other applicable policies of
this Plan, to the satisfaction of the
Municipality.
The Municipality may require applications
for development or re-development to
include a stormwater management plan
prepared by a qualified professional, in
accordance with the policies of this
Section and other applicable policies of
this Plan, to the satisfaction of the
Municipality. Where applicable, a
stormwater management plan may also
be required in accordance with the
requirements of the Conservation
Authority.
in accordance with their
requirements.
27 8.7
8.7.1 It is the intent of this Plan that no
development or site alteration be
permitted within the floodplain of a
river or stream system to minimize
and eliminate any risks to life and
property resulting from flooding, in
accordance with the Conservation
Authority regulations. Unless
otherwise stated, floodplain lands
within the Municipality are
implemented using a one-zone
approach, except in areas where a
flood fringe has been established
using an approved two-zone
floodplain management concept, or
where authorization has been
obtained from the Conservation
Authority. Buildings and structures are
not permitted within the floodplain,
except where authorization has been
8.7.1 It is the intent of this Plan that no
development or site alteration be
permitted within the floodplain of a
river or stream system to minimize
and eliminate any risks to life and
property resulting from flooding in
accordance with the Conservation
Authority regulations except within a
flood fringe where a two-zone
floodplain management concept has
been approved or where
authorization has been obtained from
the Conservation Authority. Buildings
and structures are not permitted
within the floodplain, except where
authorization has been obtained from
the Conservation Authority.
8.7.2 Prior to the erection or alteration
of any buildings or structures that may
LPRCA conducted an updated 100-
year flood study of Big Otter Creek
in 2020, which did not include a
two-zone policy within Vienna. The
revisions aligns the Official Plan
policies with regulatory practice at
LPRCA by eliminating the two-zone
policy within Vienna.
The language in 8.7.1 now aligns
with EOP 10.7, recognizing that
minor extensions or enlargements
of existing buildings and rebuilding
of buildings partially or totally
destroyed (other than by flood) may
be permitted subject to
authorization from the Conservation
Authority continues to be permitted
by the Plan.
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obtained from the Conservation
Authority.
8.7.2 Lands that may be subject to
periodic flooding or slope
instability are identified as either
“Floodway” or “Flood Fringe” on
Schedule “B2” using a two zone
concept for flood plains. These
lands are associated with the Big
Otter Creek, which flows through
the Village of Vienna.
8.7.3 Prior to the erection or alteration
of any buildings or structures that may
be permitted by the policies of this
subsection, or any other construction
that will require floodproofing
measures, a property survey shall be
completed to verify topographic
elevations using established vertical
datum to align with Conservation
Authority having jurisdiction..
8.7.4 Floodway
The “Floodway” designation
shown on Schedule “B2” is based
on a hydrologic calculation to
develop a two zone flood concept
of the 1:100 year storm event on
the Big Otter Creek. The following
policies are applicable:
be permitted by the policies of this
subsection, or any other construction
that will require floodproofing
measures, a property survey shall be
completed to verify topographic
elevations using established vertical
datum to align with Conservation
Authority having jurisdiction.
8.7.3 Existing uses will be recognized
in the Zoning By-law as legal non-
conforming uses. Minor extensions or
enlargements to existing buildings
and structures which are not
otherwise prohibited by this Plan shall
comply with the regulations of the
Zoning By-law and are subject to the
authorization of the Conservation
Authority, including acceptable
floodproofing elevations and
measures. The Conservation
Authority will determine whether the
proposal is minor in nature and
specify the level of floodproofing
required.
8.7.4 If partial or total destruction of a
building or structure occurs in the
Floodplain due to fire or other natural
disaster, excluding flood, that
building or structure may be rebuilt to
its former dimensions and for the
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a) The erection of any buildings
or structures other than those
required for flood or erosion
control or otherwise permitted
in this subsection are
prohibited;
b) The following uses may be
permitted, subject to the
authorization of the
Conservation Authority and
compliance with the
regulations of the Zoning By-
law:
i) Open space for public or
private recreation purposes
excluding permanent
buildings and structures;
ii) Open space for marinas
and water-oriented
commercial and
recreational uses;
iii) Agricultural uses,
excluding buildings and
structures;
iv) Storage yards and parking
areas; storage materials as
long as they are not
explosive, buoyant,
corrosive, flammable, or a
pollutant;
v) Roads, bridges, railways
and other public services of
same use as existed immediately
before its destruction, subject to the
authorization of the Conservation
Authority, including acceptable
floodproofing elevations and
measures. Where there is land
available to relocate the building or
structure to another location on the
property that is not subject to flooding,
all avenues shall be considered to
protect the building or structure from
future risks and relocate outside of the
hazard.
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approved hydrologic
design;
vi) Appurtenances that would
not obstruct the passage of
flood waters or debris; and
vii) Approved structural works
used for flood and erosion
or sediment control.
c) Existing uses will be recognized
in the Zoning By-law as legal non-
conforming uses. Minor
extensions or enlargements to
existing buildings and structures
which are not otherwise
prohibited by this Plan shall
comply with the regulations of the
Zoning By-law and are subject to
the authorization of the
Conservation Authority, including
acceptable floodproofing
elevations and measures. The
Conservation Authority will
determine whether the proposal is
minor in nature and specify the
level of floodproofing required;
and,
d) If partial or total destruction of a
building or structure occurs in the
“Floodway” due to fire, flood, or
other natural disaster, that
building or structure may be
rebuilt to its former dimensions
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and for the same use as existed
immediately before its
destruction, subject to the
authorization of the Conservation
Authority, including acceptable
floodproofing elevations and
measures. Where there is land
available to relocate the building
or structure to another location on
the property that is not subject to
flooding, all avenues shall be
considered to protect the building
or structure from future risks and
relocate outside of the hazard.
8.7.5 Flood Fringe
The “Flood Fringe” designation
shown on Schedule “B2” is based
on the Regulatory Flood level
(1:100 Year Storm Event) of the Big
Otter Creek. The “Flood Fringe”
defines the upper limit of flooding
under the most severe regulation
flood conditions and applies to the
area(s) between the “Floodway”
level and the Regulatory Flood
Level. The following policies are
applicable:
a) The development of buildings
and structures may be
permitted in the “Flood Fringe”
designation subject to the
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authorization of the
Conservation Authority,
including acceptable
floodproofing elevations and
measures, and shall comply
with the regulations of the
Zoning By-law, including
acceptable floodproofing
elevations and measures. Safe
access for vehicles and
pedestrians must be provided
and maintained during flood
conditions;
b) The permitted uses and
floodproofing requirements for
buildings and structures in the
“Flood Fringe” designation
shall be detailed in the Zoning
By-law;
c) Existing uses may be
recognized as permitted uses
by the underlying land use
designations. The extension,
enlargement, expansion and
redevelopment or
floodproofing of existing
buildings and structures may
be permitted in the “Flood
Fringe” designation and shall
comply with the regulations of
the Zoning By-law and are
subject to the authorization of
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the Conservation Authority,
including acceptable
floodproofing elevations and
measures;
d) If partial or total destruction of
a building or structure occurs
in the “Flood Fringe”
designation due to flood, fire or
other natural disaster, that
building or structure may be
rebuilt, subject to compliance
with the regulations of the
Zoning By-law and the
authorization of the
Conservation Authority,
including acceptable
floodproofing elevations and
measures; and,
e) Placement or removal of fill
shall require the authorization
of the Conservation Authority.
28 Schedule
B2
[Floodway and Flood Fringe
designations and mapping] (DELETE)
Based on the above, Floodway and
Flood Fringe is removed from
mapping and legend.
29 4.4.1.1
There are eleven (11) land use
designations / constraints that apply in the
three villages as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
There are nine (9) land use designations /
constraints that apply in the three villages
as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
Given changes to Section 8.7
above, the Floodway and Flood
Fringe designations have been
removed.
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• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
• Floodway
• Flood Fringe
• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
30 8.10, 10.3,
11.4.6
…Ministry of Natural Resources and
Forestry… …Ministry of Natural Resources… Adjusted to reflect change in the
name of the Ministry.
TECHNICAL CORRECTIONS (OMISSIONS, CLARIFICATIONS, TYPOS)
31 4.2.1.1
The Municipality of Bayham’s urban
character is defined by small, human
scale communities centred on a
crossroads, main street, or small
commercial core composed of
concentrations of pedestrian-friendly
(often older) built form, with a variety of
retail, employment, residential, and civic
uses. 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: …
The Municipality of Bayham’s urban
character is defined by small, human
scale communities centred on a
crossroads, main street, or small
commercial core composed of
concentrations of pedestrian-friendly
(often older) built form, with a variety of
retail, employment, residential, and civic
uses. 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, which may be further
detailed through urban design
guidelines and standards approved by
Council. Through the development
Permission for Council to create
urban design guidelines and
standards was unintentionally
omitted. These guidelines and
standards are supported by the
County per EOP 3.16.
Revisions to Final Draft Official Plan
March 25, 2026
www.arcadis.com
Revisions-to-Final-Draft-OP
24/24
# Section Jan 2026 Final Draft Official Plan Revised Final Draft Official Plan Rationale
review process for all planning
applications the Municipality shall: …
32 6.4.2
In accordance with the provincial water
and wastewater servicing hierarchy
established in Subsection 6.4.1, new
development in the Municipality will be
serviced as follows: …
In accordance with the provincial water
and wastewater servicing hierarchy
established in Subsection 6.4.1, new
development in the Municipality will be
serviced in accordance with applicable
provincial and/or municipal standards
as follows: …
Clarifies that servicing must be in
accordance with applicable
standards, including existing
standards in use by the
Municipality.
33 6.4.2 (b) i.
Development in the Village of
Straffordville shall require proof of potable
water by the Municipality.
Development in the Village of
Straffordville and the Hamlet of Eden
shall require proof of potable water by the
Municipality.
The Hamlet of Eden is also
serviced by individual water and
was inadvertently omitted.
34 11.6.6.5(d)
the creation of ltos within blocks in a plan
of subdivision that were clearly indicated
and intended to be further subdivided at
the time the application was considered
by Council.
the creation of lots within blocks in a plan
of subdivision that were clearly indicated
and intended to be further subdivided at
the time the application was considered
by Council.
Correction of a typo.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2026-019
BEING A BY-LAW TO PROVIDE FOR THE ADOPTION OF THE OFFICIAL PLAN FOR THE MUNICIPALITY OF BAYHAM WHEREAS Subsection 17(22) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, states that when the requirements of Subsections 17(15) to (21), as appropriate, have been met, and a council is satisfied that an official plan is suitable for adoption, that council may by by-law adopt all or part of the said plan, and submit it for approval to the County of Elgin;
AND WHEREAS the Municipality of Bayham has prepared a new official plan to replace the existing Municipality of Bayham Official Plan that is currently in effect; AND WHEREAS Council of the Corporation of the Municipality of Bayham considers it desirable and in the interest of the Municipality to adopt a new official plan for the Municipality of Bayham; AND WHEREAS all statutory requirements for the preparation and adoption of an official plan have been met;
NOW THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT the document attached hereto as Schedule ‘A’ to this By-law is hereby adopted as the Official Plan for the Municipality of Bayham. 2) THAT the Clerk of the Municipality of Bayham is hereby authorized and directed to give
notice of the adoption of the Official Plan for the Municipality of Bayham in accordance with Subsection 17(23) of the Planning Act, R.S.O. 1990, Chapter P. 13.
3) THAT the Clerk of the Municipality of Bayham is hereby authorized and directed to forward the Official Plan for the Municipality of Bayham, and the associated statutory record, to the County of Elgin for approval in accordance with Subsection 17(31) of Planning Act,
R.S.O. 1990, Chapter P. 13. 4) THAT the existing Official Plan for the Municipality of Bayham and all amendments thereto are hereby repealed. 5) THAT this by-law shall come into force and effect pursuant to the provisions of the Planning Act. READ A FRIST AND SECOND TIME THIS 2ND DAY OF APRIL 2026. READ A THIRD AND FINAL TIME AND PASSED THIS 2ND DAY OF APRIL 2026. _____________________________ _____________________________ MAYOR CLERK
SCHEDULE “A”
\V
_DSC0707 Pier.url
FINAL DRAFT | March 2026
Official Plan
of the
Municipality of Bayham
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TABLE OF CONTENTS i
TERRITORIAL ACKNOWLEDGEMENT v
Section 1 – INTRODUCTION
1.1 Purpose of this Plan 1-1
1.2 Background 1-2
1.3 Planning Context 1-2
1.4 Structure of this Plan 1-3
1.5 How to Read this Plan 1-4
1.6 Required Conformity 1-4
Section 2 – GROWTH MANAGEMENT & COMMUNITY STRUCTURE
2.1 Bayham Structure Plan 2-1
2.2 Settlement Areas 2-1
2.3 Strategic Employment Areas 2-5
Section 3 – THE RURAL AREA
3.1 Composition of the Rural Area 3-1
3.2 General Development Policies 3-2
3.3 Agricultural Area Designation 3-6
3.4 Estate Residential Designation 3-17
3.5 Mobile Home Parks Designation 3-18
3.6 Seasonal Travel Trailer Parks and Campgrounds Designation 3-19
3.7 Institutional Designation 3-19
3.8 Commercial / Highway Commercial Designation 3-20
3.9 Recreational Designation 3-21
3.10 Industrial Designation 3-21
3.11 Conservation Lands Designation 3-23
3.12 Licensed Pits and Quarries 3-25
Section 4 – SETTLEMENT AREAS
4.1 Composition of Settlement Areas 4-1
4.2 General Development Policies 4-1
4.3 Hamlets 4-9
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4.4 Villages 4-14
4.5 Mobile Home Parks 4-19
4.6 Seasonal Travel Trailer Parks 4-21
Section 5 – THE NATURAL SYSTEM
5.1 Composition of the Natural System 5-1
5.2 General Policies 5-1
5.3 Identification of the Natural System 5-2
5.4 Watershed Planning 5-5
5.5 Significance & the Natural System 5-5
5.6 Permitted Uses 5-5
5.7 Development In & Adjacent to Wetlands 5-6
5.8 Development In & Adjacent to Other Natural System Features 5-6
5.9 Destruction & Alteration of the Natural System 5-7
5.10 Development in Fish Habitat & the Habitat of Threatened or Endangered Species 5-7
5.11 Development & Surface Water Features 5-8
5.12 Development & Ground Water Features 5-8
5.13 Increasing Forest Coverage 5-9
5.14 Land Division & the Natural System 5-10
Section 6 – TRANSPORTATION & INFRASTRUCTURE SYSTEMS
6.1 Composition of the Transportation & Infrastructure System 6-1
6.2 Transportation & Infrastructure Permitted Uses 6-1
6.3 Transportation Systems 6-2
6.4 Water, Sewage and Stormwater Systems 6-8
6.5 Source Water Protection 6-14
6.6 Energy Systems 6-16
6.7 Linear Infrastructure Corridors 6-18
6.8 Telecommunications Facilities 6-19
6.9 New or Expanding Waste Management Operations & Waste Disposal Sites 6-19
Section 7 – NATURAL RESOURCE MANAGEMENT AREAS
7.1 Permitted Uses 7-1
7.2 Existing, New or Expanding Extraction Operations 7-1
7.3 Extraction Operations in the Agricultural Area 7-4
7.4 Rehabilitation of Extraction Operations 7-4
7.5 Petroleum Resources 7-5
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Section 8 – DEVELOPMENT HAZARDS
8.1 Composition of Development Hazards 8-1
8.2 General Policy 8-1
8.3 Role of Conservation Authority 8-2
8.4 Identification of Hazardous Lands and Sites 8-2
8.5 Permitted Uses 8-2
8.6 Hazardous Lands and Sites 8-2
8.7 Floodplains 8-3
8.8 Dynamic Beach Hazards 8-3
8.9 Erosion Hazards 8-4
8.10 Docks and Waterfront Structures 8-4
8.11 Public Road Access 8-5
8.12 Hazardous Lands & Climate Change 8-6
8.13 Development Subject to a Planning Act Approval 8-7
8.14 Development & Waste Disposal Sites 8-7
8.15 Contaminated or Potentially Contaminated Sites 8-8
8.16 Oil, Gas, and Salt Hazards & Former Natural Resource Extraction Operations 8-9
8.17 Wildland Fire Hazards 8-9
8.18 Abandoned Petroleum Wells 8-9
Section 9 – GENERAL POLICIES
9.1 Economic Development 9-1
9.2 Housing 9-2
9.3 Cultural Heritage 9-7
9.4 Climate Change 9-10
Section 10 – SPECIFIC POLICY AREAS
10.1 Specific Policy Area No. 1 – Elliott Road 10-1
10.2 Specific Policy Area No. 2 – Port Burwell Harbour 10-1
10.3 Specific Policy Area No. 3 – Chateau Wyndemere 10-1
10.4 Specific Policy Area No. 4 – New England 10-2
10.5 Specific Policy Area No. 5 - 10729 Plank Road 10-2
10.6 Specific Policy Area No. 6 – 53443 Heritage Line 10-2
10.7 Specific Policy Area No. 7 – 54728 Best Line 10-3
10.8 Specific Policy Area No. 8 – 55106 Vienna Line 10-3
10.9 Specific Policy Area No. 9 – 53291 Nova Scotia Line 10-3
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10.10 Specific Policy Area No. 10 – 4964 and 4968 Plank Road 10-3
10.11 Specific Policy Area No. 11 – 56237 Chute Line 10-4
10.12 Specific Policy Area No. 12 – 2 Robinson Street and 3 Erieus Street 10-4
10.13 Specific Policy Area No. 13 – 55032 Vienna Line 10-4
10.14 Specific Policy Area No. 14 – 55942 Maple Grove Line 10-4
10.15 Specific Policy Area No. 15 – Tier I & II Settlement Areas 10-4
10.16 Specific Policy Area No. 16 – 92 Edison Drive 10-5
10.17 Specific Policy Area No. 17 – 56149 Glen Erie Line 10-5
10.18 Specific Policy Area No. 18 – 11045 Bayham Norfolk Boundary Road 10-5
Section 11 – IMPLEMENTATION
11.1 Delegation of Authority 11-1
11.2 Monitoring and Review of the Official Plan 11-1
11.3 Consultation and Participation 11-3
11.4 Interpretation 11-4
11.5 Pre-Consultation and Complete Application Requirements 11-6
11.6 Planning Administration and Tools 11-10
11.7 Property Acquisition, Parkland Dedication, and Disposal of Surplus Lands 11-22
11.8 Community Benefits Charges 11-25
11.9 Reference to Legislation, Policies, & Guidelines 11-25
11.10 Discrepancies in the Plan 11-26
SCHEDULES / APPENDICES
Schedule “A” – Bayham Structure Plan
Schedule “B” – Land Use Plan
Schedule “B1” – Straffordville: Land Use and Constraints Plan
Schedule “B2” – Vienna: Land Use and Constraints Plan
Schedule “B3” – Port Burwell: Land Use and Constraints Plan
Schedule “C” – The Natural System
Schedule “D” – Richmond: Water Resources
Appendix “1” – Development Hazards
Appendix “2” – Natural Resource Management Areas
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The Municipality of Bayham recognizes that reconciliation is both an individual and collective
process. As a municipal government and a leader in our communities, we commit to learning
about our shared history with Indigenous communities.
It is acknowledged that the Municipality of Bayham is located on the Traditional Territory and
Ancestral Lands of the Anishinabek and Haudenosaunee Peoples who have a longstanding
relationship with the land and water throughout the region. The Municipality of Bayham is
located on lands covered by the Between the Lakes Treaty territory (Treaty 3, 1792).
As a Municipality, we have a responsibility for reconciliation and the continued stewardship of
the land on which we live and work and a commitment to the Truth and Reconciliation calls to
action. The Municipality commits to working with Indigenous and non-Indigenous partners to
support the ongoing work of truth, reconciliation, and healing. We commit to continue learning,
reflecting on our past, and working in allyship.
TERRITORIAL ACKNOWLEDGEMENT
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The Official Plan contains policies to guide growth and development in the Municipality of
Bayham to the year 2051. This new Official Plan sets out the urban and rural structure and
provides updates to the land use designations, policies, and schedules; pursuant to Section 26
of the Planning Act, has regard for matters of provincial interest in Section 2 of the Planning Act,
is consistent with the Provincial Planning Statement, and is in conformity with the County of
Elgin Official Plan.
1.1 Purpose of this Plan
An Official Plan is a strategic document that describes how and where a municipality will
grow over a 25-year planning horizon. In Ontario, an Official Plan is adopted under the
authority of the Planning Act as a document approved by the County of Elgin (being the
upper-tier government), that contains objectives and policies to guide the physical
development of a municipality, while having regard for relevant social, economic, built,
and natural environmental matters. Where an Official Plan is in effect, no public work is
to be undertaken, and no by-law passed for any purpose unless it is in conformity with
the Official Plan.
The purpose of this Official Plan is to position the Municipality of Bayham within the
land use planning framework of the Province of Ontario and County of Elgin, providing
clear goals, objectives, policies, and indicators to guide development, monitor growth,
and manage land use. Based on census data released by Statistics Canada in 2021, the
population of the Municipality of Bayham is 7,096. Based on the County of Elgin’s Official
Plan, approved in September 2025, the population of the Municipality is projected to
grow to 9,220 by the year 2051. It was further identified in the analysis that the
Municipality of Bayham has an 89.0 hectare surplus of residentially designated land
between the Tier I Settlement Areas of Vienna and Port Burwell. This means the
Municipality currently has 89.0 hectares of residentially designated lands greater than
what is required to accommodate the projected population growth between the years
2021-2051. This Official Plan incorporates policies to guide and manage this projected
growth within the Municipality. This Official Plan incorporates policies to guide and
manage this projected growth within the Municipality.
In line with the Municipality’s strategic directions, this Plan works alongside other
Municipality of Bayham plans, initiatives, and implementation tools to support a
successful, flexible, and resilient municipality. The Municipality of Bayham is an inclusive
place for people to live, work, and play in the context of its small-town and rural
character and this Plan sets the framework for growth and development to benefit that
character.
1 INTRODUCTION
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1.2 Background
The Corporation of the Municipality of Bayham occupies 248 km2 on the north shore of
Lake Erie, at the eastern end of Elgin County. The Municipality came into existence in
1998 as an amalgamation of the three separate municipalities formerly known as the
Township of Bayham, the Village of Port Burwell, and the Village of Vienna.
Prior to 1983, the three municipalities were members of the East Elgin Planning Area as
defined by the Treasurer of Ontario in 1973. The planning area also included the
Township’s of Malahide and South Dorchester, and the Village of Springfield. The East
Elgin Official Plan was approved by the Minister of Housing in 1976 and provided the
first set of comprehensive community planning policies for these municipalities. Upon
the Planning Act, 1983, the East Elgin Planning Area ceased to exist. Eventually all six of
the municipalities in East Elgin adopted individual Official Plans.
The first Official Plan for the Municipality of Bayham was adopted on July 5, 2001, and
approved August 16, 2002, repealing the various pre-amalgamation Official Plans. Since
2002, numerous amendments to the Official Plan were necessitated by changing local
circumstances and planning legislation and plans established by the Province of Ontario,
with the previous five-year review occurring on February 12, 2019. This Official Plan
repeals and replaces the previous Official Plan in its entirety.
1.3 Planning Context
The planning framework in the Municipality of Bayham is largely influenced by higher
levels of government, as enabled by the Planning Act. The Province of Ontario provides
broad policy direction to which municipalities must be consistent and conform. As a
lower-tier government under the County of Elgin, the Municipality of Bayham provides
specific policy direction to implementing Provincial legislation and County plans. Within
this framework, Bayham is the lower-tier government, responsible for providing detailed
planning policies tailored toward the Municipality’s unique context. The following
provides describes the regulatory framework:
a) Provincial Level - The Province of Ontario establishes the planning system used
throughout the entire province. This system is composed primarily of: the Planning
Act, which establishes the legislative basis for planning in the province; the Provincial
Planning Statement (or PPS), which establishes the policy basis for planning in
Ontario; provincial plans including regional growth plans (where applicable); and
various ministerial guidelines, implementation policies, and regulations that
implement the policies found in the PPS and provincial plans. All planning decisions
in Ontario must ‘be consistent’ with the direction of the PPS and must conform to
the provisions of the Planning Act. The Province is the approval authority of the
County Official Plan, and any amendments to it.
b) County Level – The County of Elgin is mandated by the Province to maintain a
county-wide official plan, and to act as approval authority for local official plans and
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official plan amendments, as well as all forms of land division. The County’s planning
system is composed primarily of: the County Official Plan and the County’s authority
to permit land division (severances, plans of subdivision / condominium, etc.). All
planning decisions made in the County of Elgin must conform to the County Official
Plan, and all other applicable by-laws.
c) Local Level – The Municipality of Bayham is responsible for all other aspects of the
planning system. The local planning framework is primarily composed of: the
Municipality of Bayham Official Plan that provides detailed / neighbourhood level
planning policies; Municipality of Bayham Zoning By-law to implement both the local
and County official plans; and site plan control by-laws. In some cases, the local
framework may also include: community improvement plans, secondary plans,
development charge by-laws, and parkland dedication by-laws. All decisions made in
the Municipality of Bayham must conform to the County Official Plan, Bayham
Official Plan, Zoning By-law, and all other applicable by-laws.
Prior to proceeding with any development application, a development proponent should
ensure they familiarize themselves with Ontario’s overall planning framework or retain a
qualified professional in the field of urban and regional planning to assist with
understanding and addressing the relevant components of the overall planning system.
1.4 Structure of this Plan
This Plan is composed of eleven (11) sections (Section 1 to 11) and Schedule/Appendices
as follows:
Section 1: Introduction - provides an overview of the purpose, background and
organization of the Official Plan.
Section 2: Growth Management & Community Structure - provides policies related to
growth management and the Municipality’s land use structure, notably Settlement
Areas, Rural Area, and Strategic Employment Areas.
Section 3: The Rural Area – provides detailed policies to protect the Rural Area,
including land use policies for the Agricultural Area and non-agricultural use
designations.
Section 4: Settlement Areas - provides detailed policies related to the Settlement Area,
including the land use designations which specifies the type, scale and form of
development and range of uses appropriate for each land use designation.
Section 5: The Natural System - provides policies that protect the natural heritage
system and their hydrologic and ecological functions from adverse environmental
impact.
Section 6: Transportation & Infrastructure Systems – provides policies that provide for
the integrated development of appropriate, safe, and effective transportation and
infrastructure systems, including local and county roads, provincial highways, railways,
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marine ports, water systems, wastewater systems, stormwater management systems,
waste management operations, telecommunications facilities, energy generation
facilities, and linear infrastructure corridors.
Section 7: Natural Resource Management Areas - provides policies on the natural
resources in the Municipality, including extraction of mineral, petroleum, mineral
aggregate, and salt resources.
Section 8: Development Hazards – provides policies to avoid or mitigate potential
negative impacts to public health and safety and risks to property and infrastructure due
to natural and human-made hazards in the Municipality.
Section 9: General Policies - provides policies for the entire Municipality and are not
specific to designated areas of land with respect to Economic Development, Housing,
Cultural Heritage, and Climate Change.
Section 10: Specific Policy Areas – provides a list of “Specific Policy Areas” pertaining to
Site-Specific Official Plan Amendments that have been approved to date.
Section 11: Implementation - describes the mechanisms and processes for the
administration and implementation of the Official Plan.
Schedules / Appendices – provides the maps (known as Schedules or Appendices) that
illustrate the various lands uses, as well as features which impact, or are impacted by
land uses, including natural environmental features, hazardous lands and sites, natural
resources, and the transportation network.
1.5 How to Read this Plan
Each Section of this Plan is structured around the general policies and composition,
followed by implementing policies and maps. After assessing each applicable
designation, map, and policy, the reader should refer to the Plan’s implementing policies
and processes to understand how the Plan will be implemented and applications
reviewed. This Plan is intended to be read in its entirety and the relevant parts are to be
applied to each situation. In most cases, multiple components of this Plan will be
relevant to a given situation, and as such, they will need to be considered jointly. There
is no implied priority in the organization of this Plan.
1.6 Required Conformity
As per the requirements of the Planning Act, Municipal Council shall not undertake any
public work or pass any by-law that does not conform to the intent and policies of this
Official Plan. It is intended that this Plan will be reviewed and updated to reflect
refinements in managing growth and to remain in conformity with Provincial and County
plans and policies.
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Growth management refers to the way in which the Municipality of Bayham oversees long-term
changes in population and economic activity to ensure the efficient use of land, resources, and
public infrastructure investment. This is based on the recognition that the Municipality’s long-
term prosperity, environmental health, and social well-being depends on wisely managing
change and promoting efficient land use and development patterns.
2.1 Bayham Structure Plan
Schedule “A” of this Plan constitutes the Bayham Structure Plan and illustrates the urban
boundaries of the Settlement Areas and the Strategic Employment Areas where
population and employment growth are planned to be accommodated in the
Municipality until 2051. Due to historical planning approvals, the lands contained within
these urban boundaries have the capacity to accommodate more population and
employment growth than the Municipality is projected to need by 2051.
2.2 Settlement Areas
2.2.1 Hierarchy of Settlement Areas
Within the Bayham Structure Plan, a hierarchy of settlement areas and their
associated urban boundaries have been established based on the scale, function,
and the level of services that exist. This hierarchy is comprised of three tiers of
settlement areas, as detailed below:
a) Tier I Settlement Areas – generally have the largest populations in the
Municipality, full municipal services (municipal water and sewage services),
and the highest levels of amenities and employment opportunities. Given the
level of infrastructure provided in these settlement areas and their ability to
accommodate growth, this Plan directs most new growth to these settlement
areas. Tier I Settlement Areas include the Village of Vienna and Port Burwell.
b) Tier II Settlements Areas – includes those settlement areas which are
generally smaller in population than Tier I Settlements. Tier II Settlements
have partial municipal services (municipal sewage services and private water
system), and limited amenity levels and employment opportunities. Limited
development is permitted in these settlement areas given the absence of full
municipal services and the lower levels of amenity and employment. Tier II
Settlement Areas include the Village of Straffordville and Hamlet of Eden.
2 GROWTH MANAGEMENT &
COMMUNITY STRUCTURE
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c) Tier III Settlements Areas – are generally composed of the smallest
communities in the Municipality. They are predominately residential in
function, and do not have any municipal services (i.e. services are provided
by individual on-site water and sewage services). Development in these
settlements is limited to minor infilling and rounding out of the existing built
area given the absence of full municipal services and limited urban amenities
and employment opportunities. Tier III Settlement Areas include the Hamlets
of Corinth, North Hall, Richmond, and Calton. Notwithstanding Subsection
2.2.1.b), the Hamlet of Richmond, despite having partial municipal services
(municipal water system and individual sewage services), is identified as a
Tier III Settlement Area for the purpose of this Plan.
2.2.2 Settlement Area Expansions & Establishing New Settlement Areas
To help ensure the efficient use of the Municipality’s existing urban land base, an
‘urban boundary review’ shall be conducted when identifying a new settlement
area or allowing for a settlement area boundary expansion of Tier II or III
settlement area, in which the following criteria shall be considered through an
amendment to this Plan:
a) must demonstrate there is an insufficient supply of lands to accommodate
30-years’ of urban growth through a review and analysis of the Municipality’s
population and employment projections and land needs assessments;
b) analyzes the existing land supply and demonstrates that any proposed
expansion will not adversely impact or undermine achieving the
Municipality’s intensification and redevelopment target;
c) includes an options analysis reviewing alternative growth directions to
determine how best to accommodate future development;
d) confirms the financial viability of expanding infrastructure and public service
facilities to any proposed urban expansion lands;
e) confirms that there is sufficient reserve capacity available in the sanitary
sewage and drinking water systems, or will imminently be available, to be
allocated to any proposed urban expansion lands, above what has already
been allocated to existing designated lands;
f) confirms that any proposed urban expansion lands do not include specialty
crop areas, as defined by provincial policy;
g) confirms that there are no reasonable alternatives which avoid prime
agricultural lands being included in the proposed urban expansion lands;
h) confirms that any proposed urban expansion lands complies with the
minimum distance separation formulae;
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i) assesses potential impacts on agricultural operations and the agricultural
system as a result of the expansion, and subsequently confirms that these
impacts can be mitigated to the extent feasible;
j) assesses potential impacts on the Natural Heritage System as a result of the
expansion and demonstrates that there will be no negative impacts on the
system’s ecological features and functions;
k) considers cross-jurisdictional issues including any servicing or access
arrangements with adjacent municipalities; and,
l) demonstrates that the proposed expansion lands will:
i. serve as a continuous and logical extension to the existing built-up area
that does not ‘leapfrog’ over existing undeveloped tracts of land;
ii. provide for the integration of new development within the fabric of the
existing built-up area from a community design, transportation, and open
space perspective;
iii. be easily accessed by, and connected to, the existing transportation
network; and,
iv. be located so that it can benefit from existing community facilities or
alternatively, be serviced by new community facilities that are developed
in a timely manner.
m) whether full municipal services are available to service that settlement area
2.2.3 Settlement Area Boundary Adjustments
Notwithstanding the requirements of Subsections 2.2.2, adjustments of a
settlement area boundary may be permitted through an amendment to this Plan,
and shall demonstrate:
a) there would be no net increase in land within the Municipality’s settlement
areas;
b) the adjustment would support the ability to meet the Municipality’s
intensification and redevelopment target;
c) the lands subject to the adjustment do not comprise specialty crop areas;
d) the proposed adjustment complies with the minimum distance separation
formulae (see Subsection 3.2.8 for more information);
e) impacts on agricultural operations which are adjacent or close to the
proposed adjustment are mitigated to the extent feasible; and,
f) the locational criteria established in Subsection 2.2.2.l) are met.
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2.2.4 Phasing of New Development in Designated Growth Areas
Designated growth areas refers to lands within the Municipality’s settlement
areas that are designated in an official plan for growth, but which have not yet
been fully developed (e.g., undeveloped, or vacant lands designated for
residential, employment, or commercial uses). To ensure that growth
management policies of this Plan are achieved, the following phasing policies
shall apply for designated growth areas:
a) Ensure that new development extends logically from existing built-up areas;
b) Ensure the orderly progression of new development and the timely provision
of the infrastructure and public service facilities required to accommodate it;
c) Where there is fragmentated land ownership, ensure the efficient use of land
by requiring the consolidation of development parcels, or by requiring the
development of a master plan or secondary plan;
d) Address circumstances where cost-sharing, front-ending, or other financial
contributions are required for the extension or upgrading of infrastructure
and servicing; and,
e) Address Subsection 6.4.3 of this Plan with respect to the allocation and
phasing of servicing.
2.2.5 Residential Intensification & Redevelopment
Intensification and redevelopment of existing residential areas is a key strategy to
managing growth in the Municipality and ensuring the efficient use of land and
infrastructure. As directed by the County Official Plan, the County will target 16%
of all new residential development to be achieved through intensification and
redevelopment. To assist the County in achieving this target, while also
respecting urban character, it is the intent of this Plan to support residential
intensification and redevelopment in Settlement areas where appropriate and in
accordance with the following policies, in addition to the policies of Section 6 and
all other policies of this Plan:
a) Encourage intensification and redevelopment within settlement area
boundaries on vacant or underutilized sites in order to efficiently utilize
designated settlement area land and available municipal services
b) The Municipality may ‘up-zone’ or ‘prezone’ sites for residential
intensification and redevelopment in the implementing Zoning By-law.
c) Targets for residential densities will be outlined in the individual land use
designations of this Plan;
a) The permitted forms of residential intensification development shall only be
permitted in those areas designated as “Hamlets” and “Villages” and will be
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permitted based on the level of water and wastewater servicing that is
available in the specific settlement areas;
b) Residential intensification and redevelopment may take the form of dwelling
conversion, street infilling, rear yard infilling, and infill subdivisions;
c) Residential intensification and redevelopment may only occur up to a
maximum density which maintains the minimum lot areas permitted in the
Zoning By-law, and/or is deemed suitable by the Municipality to satisfy the
proposed water supply and wastewater disposal systems; and,
d) When considering proposals for residential intensification and
redevelopment, and in addition to all other applicable development criteria
in this Plan, the Municipality will ensure that:
i. For dwelling conversions, the exterior design of the dwelling is
consistent with the surrounding area in terms of height, bulk, scale,
and layout;
ii. For street infilling, the proposal is consistent with Subsection
4.3.3.2.a), and with the established building line and setbacks of the
surrounding area;
iii. For rear yard infilling, the proposal is consistent with Subsection
4.3.3.2.a); the siting of buildings and parking areas minimizes the
impacts on neighbouring rear yards; direct vehicular access is
provided to a public street with sufficient width to allow efficient
vehicular use, on-site snow storage, and access and turn-around by
emergency vehicles; and,
iv. For infill subdivisions, the proposal is consistent with Subsections
4.3.3.2.a) and c); and measures will be undertaken through a
subdivision agreement, to buffer and screen the development from
surrounding residential uses.
2.3 Strategic Employment Areas
It is recognized that industries such as manufacturing, processing, the trades, research
and development, and distribution and logistics, will continue to be major drivers of
economic growth in the Municipality. It is also recognized that certain major
employment areas in the Municipality are of importance not just to the local economy,
but to the broader regional and/or the provincial economy. As such, it is imperative that
these strategic employment areas be identified and protected from conversion and
incompatible development. Strategic Employment Areas are delineated on Schedule “A’”
of this Plan and are:
a) large in scale and designed to accommodate large industrial users and/or operations
with significant employment requirements;
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b) located in close proximity to major transportation corridors or routes, including
highways, railways, airports, and marine ports; and
c) ideally serviced by both municipal water and sanitary sewer service.
2.3.1 Conversion of Employment Areas
2.3.1.1 As noted in Subsection 2.3 of this Plan, it is the intent of this Plan that strategic
employment areas be protected from conversion and incompatible development.
To that end, the Municipality will not permit the conversion of lands in Strategic
Employment Areas to other uses except where it is demonstrated that:
a) the proposed conversion is minor and located on the periphery of the
employment area;
b) there is an immediate need and identified user for the conversion;
c) the proposed use will not adversely affect the overall viability of the
employment area;
d) existing or planned infrastructure and public service facilities are available to
accommodate the proposed development; and,
e) the Municipality has sufficient employment lands to accommodate projected
employment growth over the planning horizon of this Plan.
2.3.1.2 An amendment to this Plan will be required to permit the conversion of a
strategic employment area to a non-employment designation.
2.3.2 Uses Not Permitted in Strategic Employment Areas
2.3.2.1 The following uses are not considered appropriate in strategic employment areas
and will not be permitted:
a) residential uses, commercial uses, public service facilities, and other
institutional uses; and,
b) retail and office uses that are not associated with the primary employment
use; and,
c) other sensitive land uses that are not ancillary to uses permitted in the
employment area.
2.3.2.2 Nothing in the above is intended to prohibit accessory office or retail uses that
form part of a larger employment operation such as administrative offices,
showrooms, or factory outlets
2.3.3 Other Employment Lands & Areas
Other employment lands and areas are composed of individual parcels or smaller
clusters of employment lands for small-scale industrial, manufacturing, and
warehousing that can be located adjacent to, or co-located with, sensitive land
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uses without adverse effects. In these areas and lands limited commercial and
retail uses that serve, or are directly related to, employment uses, as well as
limited residential uses for ‘live-work’ arrangements may be permitted.
2.3.4 Protection of Other Employment Lands & Areas
It is the intent of this Plan to ensure that the Municipality has an adequate
supply of employment land for a wide variety of employment uses. Recognizing
the importance of all employment lands, proposals to convert lands within an
employment designation that have not been identified as strategic to another
type of land use will be generally discouraged and only permitted in accordance
with provincial policy. An amendment to this Plan will be required to implement
a non-strategic employment area conversion in accordance with the policies of
this Plan.
2.3.5 Compatibility, Employment Areas
2.3.5.1 In accordance with provincial policy, on lands within 300 metres of any
employment area (Strategic Employment Area or otherwise), development shall
avoid, or where avoidance is not possible, minimize and mitigate potential
impacts on the long-term economic viability of employment uses within existing
or planned employment areas. To that end, where a sensitive land use is
proposed within 300 metres of an employment area, the Municipality shall
require a land use compatibility study to be completed, in accordance with
provincial guidelines, assessing potential impacts and required mitigation
measures on the employment lands and uses.
2.3.5.2 Where circumstances warrant, the Municipality may also require noise and
vibration, odour, traffic or similar assessments to ensure potential impacts as
assessed and mitigated.
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Section 3 – The Rural Area
The Rural Area is a foundational characteristic and defining feature of the Municipality of
Bayham, both spatially and culturally. With some of the best soils in Canada and an extensive
network of farming operations, processing facilities, and supporting industry, the Rural Area’s
agricultural industry is one of Bayham’s most important economic engines. The long-term
viability and resiliency of the Municipality’s agricultural land base and operations also has
provincial implications. To that end, the following objectives have been identified for the Rural
Area:
a) Preserve the agricultural and rural character of the Municipality;
b) Identify and protect the Municipality’s agricultural land base and protect agricultural
operations from conflicting land uses;
c) Ensure that lots are sized appropriately for servicing and sufficiently large enough to
protect the rural character and maintain flexibility for the agricultural industry;
d) Support a vibrant Rural Area by permitting appropriate and compatible on-farm
diversified uses and agriculturally related uses; and,
e) Encourage the use of environmental best practices for development and redevelopment.
3.1 Composition of the Rural Area
The Rural Area is composed of all lands outside of designated Settlement Areas and is
made up of the following land use designations, as shown on Schedule “B” of this Plan:
a) Agricultural Area, which constitutes the prime agricultural area under provincial
policy;
b) Estate Residential;
c) Mobile Home Parks;
d) Seasonal Travel Trailer and Campgrounds;
e) Institutional;
f) Commercial / Highway Commercial;
g) Recreational;
h) Industrial;
i) Conservation Lands; and,
j) Licenced Pits and Quarries.
3 THE RURAL AREA
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3.2 General Development Policies
Development in the Rural Area shall first and foremost protect agricultural land,
agricultural operations, resource extraction operations, natural heritage resources, and
rural character. In addition to the other policies of this Plan, the following policies will
direct development in the Rural Area:
a) Where permitted, non-agricultural development shall avoid removing lands under
active cultivation or pasture;
b) Lots shall be sized not just to accommodate required water and sewage service but
to protect rural character through minimum lot areas and building setbacks.
Specifically, when located in the “Agricultural Area” designation, new lots will
generally be a minimum of 40 ha or larger (for both the severed and retained
parcels), except where a farm consolidation is permitted, and shall be in compliance
with the regulations of the Zoning By-law;
c) Where development proposes to permit other uses in addition to agricultural uses,
the proponent shall be required to demonstrate that there is a sufficient supply of
drinking water available, prior to the granting of any approval;
d) Where development proposes to permit other uses in addition to agricultural uses,
the proponent shall be required to conduct a soils analysis to determine the
appropriate type of on-site sewage system;
e) Development shall front onto, and will be directly accessed, by a public road that is
maintained year-round by a public authority;
f) Development will conform to the access policies of the relevant road authority;
g) New development is encouraged to be planned and designed to mitigate and adapt
to the impacts of climate change through incorporating sustainable construction
materials or practices, green infrastructure, energy conservation standards, water
efficient technologies, and low impact development. For large development
proposals, applicants may be required to demonstrate how this will be achieved;
and,
h) Ribbon or strip development and indiscriminate development outside the
designated settlement areas shall not be permitted.
3.2.1 Agricultural Operations & Land Base
Being located amongst the rich agricultural soils of Southwestern Ontario, the
Municipality’s agricultural sector has been foundational to the development of
the Municipality and its economy. The regional and provincial importance of the
Municipality’s agricultural operations to food security, and associated industries
such as food processing, mean that protection of the Municipality’s agricultural
land base and operations are of strategic importance to the Municipality. To that
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end, agricultural operations and the agricultural land base shall be protected
over the long term.
3.2.2 Protecting the Agricultural System
3.2.2.1 The agricultural system is comprised of inter-connected elements that
collectively create a viable, thriving agricultural sector and includes agricultural
lands, farming operations, agriculturally related uses, agri-tourism operations,
supporting infrastructure, as well as employment uses that are related to, or rely
on, agriculture (such as food processing). Due to the importance of the
agricultural system to the Municipality’s economy, it will be protected from
development that may negatively impact its operations and its individual
components.
3.2.2.2 New development shall be compatible with the Municipality’s agricultural system
and its individual components and should be designed to avoid, mitigate, or
minimize negative impacts on the system or specific elements and operations in
the system.
3.2.2.3 The Municipality recognizes the importance of water resources, topsoil,
woodlots, and windbreaks for agricultural uses. Removal or alteration of trees
and soil in the Municipality are subject to the regulations of the Zoning By-law
and the County of Elgin Tree Cutting By-law. Landowners are encouraged to
consult with the Conservation Authority on matters of large-scale tree planting.
3.2.3 Protecting Against the Conversion of Agricultural Land
The conversion of lands designated “Agricultural Area” to other uses shall be
strongly discouraged. Requests to expand a settlement area boundary will
require an Official Plan Amendment and Zoning By-law Amendment and shall be
considered in accordance with provincial policy and the policies of this Plan,
recognizing the excess of residentially designated lands described in Subsection
1.1.
Requests for new or expanded non-agricultural uses within lands historically
designated for non-agriculture and non-resource uses shall be subject to the
applicable policies of Subsections 3.5 through 3.10 of this Plan as well as
Subsection 3.2.8, Minimum Distance Separation (MDS) Formulae.
3.2.4 Protecting & Enhancing Rural Character
3.2.4.1 The Municipality’s rural character is defined by land uses and development
patterns where farmlands, natural landscapes, and open spaces dominate. These
patterns of land use and development support farming operations, agrarian and
rural lifestyles, and rural- and resource-based economic activities. They also
influence architectural styles that often reflect traditional farm vernacular,
nature, and/or landscapes, and are sited in ways that reinforce the pastoral
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nature of the Rural Area with expansive setbacks from neighbouring properties
and roadways. The rural character in the Municipality will be protected by:
a) Directing urban uses, and uses that do not rely on a rural location to
Settlement Areas;
b) Protecting agricultural and resource-based uses from encroachments that
may negatively impact their operations;
c) Avoiding urban land use densities for non-agricultural and non-resource
extraction development; and
d) Encouraging the use of design concepts that reference or reflect the
traditional architectural styles and/or the landscape of the Rural Area.
3.2.4.2 Development in the Rural Area will protect and enhance this character and will
prevent the urbanization or suburbanization of the countryside. Protection of
rural character is not intended to require historic reproduction or to impede the
efficiency of agricultural and resource-extraction operations, and to that end,
innovative architectural styles and site layouts that protect the Municipality’s
rural character, while facilitating efficient operations, are encouraged.
3.2.4.3 Exceptions
While the protection and enhancement of Bayham’s rural character is a primary
consideration when evaluating new development, it is recognized that some
flexibility in implementing these policies is desirable to reflect the individual
circumstances of development proposals. To that end, the policies of Subsections
3.2.4.1 and 3.2.4.2 shall not apply to agricultural or resource-extraction uses, not
subject to site plan control. In the case of proposals for agricultural or resource-
extraction uses not subject to site plan control, applicants shall be encouraged to
demonstrate how their proposal will be sensitively integrated with the
surrounding context.
3.2.5 Adaptative Reuse of Non-agricultural Uses
Historical development in the Municipality has resulted in many instances of
non-agricultural uses scattered across the Rural Area. These uses include schools,
churches, municipal garages, gas stations, general stores, motels, and road-side
diners. While some of these uses are still operational, some no longer serve their
original function, or have been abandoned altogether. This Plan recognizes the
value and utility these legacy developments have in supporting intended or
alternative uses, and in reducing embodied carbon emissions from new
construction. As such, the Municipality will generally support the adaptative
reuse of these buildings subject to the other policies of this Plan, and may permit
limited expansion of these developments that support their adaptative reuse.
Specific consideration shall be given to evaluating the impacts on rural character
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and agricultural operations when reviewing development applications for
adaptative reuse of non-agricultural uses.
3.2.6 Existing Designated Areas of Non-agricultural Uses
The Municipality contains non-agricultural and non-resource extraction land use
designations in the Rural Area, that are often the result of historic planning
approvals. These include all designations on Schedule “B” of this Plan, except for
the “Agricultural Area” designation. There is nothing in this Plan that is intended
to prohibit their existence and are recognized as existing uses in this Plan.
Notwithstanding anything in this Section to the contrary, existing non-agricultural
designations shall be deemed as conforming designations by this Plan.
Development proposals within these areas shall be evaluated based on the
policies of this Section and the other relevant policies of this Plan.
3.2.7 Temporary Outdoor Special Events
The Rural Area lends itself to hosting large-scale temporary outdoor events such
as fairs, festivals, concerts, ploughing matches, historical re-enactments,
weddings, swap meets, and similar events. Nothing in this Plan is intended to
prohibit the hosting of one-time, seasonal, or annual events in the Rural Area so
long as:
a) the temporary outdoor special event shall be permitted on a temporary basis
through either a Special Event Permit (or equivalent) administered under the
Municipal Act, or a Temporary Use Zoning By-law Amendment in accordance
with the criteria outline in Subsection 11.6.5.2, and provided that the lands
are restored or improved after the close of the event; and,
b) all requirements of the public health authority having jurisdiction are
satisfied.
3.2.8 Minimum Distance Separation (MDS) Formulae
3.2.8.1 To provide for the long-term protection and expansion of agriculture uses, odour
conflicts shall be reduced by separating incompatible uses. This will be done by
requiring compliance with and limiting variances to the MDS Formulae.
3.2.8.2 New land uses, including the creation of new lots, and new or expanding
livestock facilities must comply with the MDS Formulae as based on the policies
of this Plan, the implementing Zoning By-Law, and The MDS Document
(Publication 853, Ministry of Agriculture, Food and Rural Affairs, 2016) as may be
updated from time to time.
3.2.9 Residential Uses
For many people the Rural Area is, and will continue to be, a desirable place to
live. However, the overpopulation of residential uses in the Rural Area can lead to
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the piecemeal urbanization of the countryside and the loss of rural character. It
can also restrict the establishment and expansion of agricultural operations. As
such, where this Plan and implementing Zoning By-law permits residential uses in
the Rural Area, only the following shall be permitted:
a) one single-detached dwelling per lot;
b) two additional residential units contained on the same lot as the single-
detached dwelling; and
c) farm labour accommodations.
3.2.10 Additional Residential Units
A maximum of two (2) additional residential units shall be permitted in any Rural
Area designation where a single-detached dwelling is permitted, subject to the
following policies:
a) Additional residential units may be located in the same building as the
primary dwelling or accessory building on the same property;
b) A maximum of one (1) additional residential unit may be located in an
accessory building;
c) Additional residential units shall:
i. be compatible with, and will not hinder, surrounding agricultural
operations, including compliance with MDS Formulae;
ii. have appropriate sewage and water services;
iii. address any public health and safety concerns;
iv. be of limited scale and are located within, attached, or in close
proximity to the principal dwelling or farm building cluster;
v. avoid taking land out of agricultural production, or where avoidance is
not possible, minimize land taken out of agricultural production;
vi. not be used for farm worker housing as intended in the Farm Labour
Accommodations policies in Subsection 3.3.11 of this Plan; and,
vii. comply with the policies of this Plan and the regulations established in
the Zoning By-law.
3.3 Agricultural Area Designation
The “Agricultural Area” designation shown on Schedule “B” of this Plan shall apply to
specialty crop areas and prime agricultural areas in the Municipality. Prime agricultural
areas in the Municipality of Bayham include prime agricultural lands, as well as all of the
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non-prime agricultural lands (Canada Land Inventory Class 4-7) as they have traditionally
been used for farming purposes and exhibit characteristics of ongoing agricultural uses.
3.3.1 Permitted Uses
Within the “Agricultural Area” designation, the primary use of land shall be for
normal farm practices and agriculture uses, including on-farm diversified uses.
Secondary uses within the “Agricultural Area” designation are limited to:
agriculturally related uses, limited residential uses, home-based businesses and
industries, agri-tourism operations, and temporary outdoor special events.
3.3.2 Agricultural Uses
Agricultural uses include the widest range of activities that involve the growing of
crops and/or raising of animals of varying sizes and intensities, with or without
buildings, and with or without a residence. Given the importance of agriculture
to the Municipality’s economic base, and its strategic provincial and national
importance, it is the policy of this Plan that the widest possible permissions be
given to agricultural operations across the Municipality. All types, sizes, and
intensities of agricultural uses and normal farm practices will be permitted and
encouraged in the “Agriculture” designation.
3.3.3 On-Farm Diversified Uses
3.3.3.1 On-farm diversified uses may be permitted in the “Agricultural Area” designation
in accordance with the policies of this section. Limitations on the type, size, scale
and area of on-farm diversified uses are primarily to ensure that such uses:
a) Are clearly secondary to the principal agricultural operation on the lot and
limited in area;
b) Are compatible with, and do not hinder, surrounding agricultural operations;
c) Protect prime agricultural areas for the long term;
d) Are appropriate for rural infrastructure and public services; and,
e) Do not undermine, or conflict with, the planned function of settlements.
3.3.3.2 On-farm diversified uses may include the following uses, provided they comply
with all the applicable policies of this section and this Plan:
a) Home based businesses and industries;
b) Agri-tourism operations;
c) Farm winery; or,
d) Ground-mounted solar facility.
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3.3.3.3 For greater clarity, the following uses shall not be permitted as an on-farm
diversified use:
a) Retail uses, offices, medical/dental clinics and restaurants, except where
explicitly permitted in this section;
b) Residential uses or accommodation, except for limited, short-term
accommodation, including a farm vacation rental or bed and breakfast;
c) Institutional uses;
d) Recreational uses and special event facilities;
e) Agriculturally-related uses;
f) Large scale commercial and industrial uses; and,
g) Other uses that, in the opinion of the Municipality, may:
i. Attract large numbers of customers or other people;
ii. Generate significant traffic, or not otherwise be appropriate for rural
infrastructure or public services;
iii. Create compatibility or enforcement issues;
iv. Undermine or conflict with the planned function of rural settlements,
except where explicitly permitted by the policies of this section; or,
v. Not otherwise be consistent with the applicable policies and
objectives of this Plan.
3.3.3.4 Wholesaling and/or retailing shall not be permitted, except where:
a) It is clearly ancillary to a permitted on-farm diversified use and limited to a
small proportion of the total gross floor area of the on-farm diversified use;
b) The goods, wares or merchandise offered for sale are produced, processed or
fabricated on the farm lot upon which the on-farm diversified use is located;
or,
c) It is restricted to the sale of farm inputs (e.g., feed, seeds or fertilizer)
primarily to farm operations in the area, or to the sale of farm produce grown
in the area.
3.3.3.5 Business offices and/or small restaurants (e.g., café, tea room) may only be
permitted, where they are clearly ancillary to a permitted on-farm diversified
use. Small scale office uses may also be permitted on an agricultural lot in
accordance with the requirements for a Home-based Businesses & Industries in
Section 3.3.5 of this Plan.
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3.3.3.6 The following development criteria apply to the establishment and use of on-
farm diversified operations:
a) Roadside Produce Stands: Small roadside farm produce stands, which
exclusively sell produce grown on the agricultural lot on which they are
located, may be permitted as an on-farm diversified use, as of right, so long
as the use meets the requirement of the implementing Zoning By-law.
b) Secondary to the Farm Operation: An on-farm diversified use will only be
permitted on an agricultural lot that is being actively farmed and must be
clearly secondary to the agricultural operation on the lot in terms of size,
scale and importance.
c) Site Plan Approval: On-farm diversified uses shall be subject to site plan
control to ensure, compliance with the applicable policies of this section, that
the use is appropriately located and restricted in area, and that any other site
design related matters are addressed. The Municipality may also utilize
business licensing or other measures to assist in regulating and monitoring
such uses to ensure they continue to comply with these policies.
d) More Than One On-Farm Diversified Use: More than one on-farm diversified
use may be permitted on a lot, however the cumulative gross floor area, land
area, and number of employees of all such uses on the lot shall not exceed
the limitations set out in this section.
e) Limitations on Land Area: The total land area used and/or occupied by an on-
farm diversified use and related facilities (e.g., buildings, parking, landscaped
areas, berms, outdoor storage, new driveways, individual on-site sewage
services) shall:
i. Be limited to the minimum area required for the proposed on-farm
diversified use;
ii. Not exceed 2% of the total lot area or 1.0 ha, whichever is the lesser;
and,
iii. Avoid locating on productive agricultural land to the greatest extent
possible, with the first priority being re-use of agricultural buildings
existing as of the date this Plan is approved.
f) Limitations on Building Size: The maximum gross floor area of all buildings
and/or structures used for the purposes of an on-farm diversified use or
agriculture-related use shall be regulated through the provisions of the
implementing Zoning By-Law.
g) Wineries, Breweries, Cideries and Distilleries: In addition to the general
requirements for an on-farm diversified use, a farm winery shall only be
permitted where:
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i. The farm winery uses crops (i.e., fruit/grains) grown on site to
produce the majority of the wine/cider/beer/spirits, and all alcoholic
commodities produced by the farm winery shall be processed,
fermented, and bottled on site;
ii. The floor area of an on-site tasting room and retail floor space shall be
in accordance with the provisions of the implementing Zoning By-law,
and shall not conflict with any minimum floor area requirement for
licensing approval; and,
iii. All provincial regulations, including licensing requirements of the
Alcohol and Gaming Commission of Ontario, are met.
h) Minor Exceptions to Scale of Use: Reasonable exceptions to the maximum
gross floor area for an on-farm diversified use may be considered through a
Site-Specific Zoning By-law Amendment or Minor Variance, where such use
cannot reasonably be located within a settlement area and provided such
areas or facilities do not interfere with the primary farming activity (e.g., area
used will continue to produce a harvestable crop), or negatively impact the
ability of the lands to continue to be used for agriculture (e.g., no site
alteration or soil compaction). A minor exception to the maximum gross floor
area cap in the implementing Zoning By-law may also be permitted for the
seasonal storage of boats, recreational vehicles and/or automobiles in farm
buildings or structures existing as of the date this Plan is approved.
Through the use of a Special Event Permit (or equivalent) administered under
the Municipal Act, or a Temporary Use Zoning By-law Amendment, minor
exceptions to the total site area restrictions for on-farm diversified uses may
be considered for temporary areas or facilities associated with short term
seasonal activities that are part of a farm-related tourism use (e.g., corn
maze) or onetime special event (e.g., ploughing match), provided such areas
or facilities do not interfere with the primary farming activity (e.g., area used
will continue to produce a harvestable crop), or negatively impact the ability
of the lands to continue to be used for agriculture (e.g., no site alteration or
soil compaction).
i) Restrictions on Scale and Expansions: Development proposals for new or
expanding on-farm diversified uses which would exceed the number of
employees, gross floor area or site area restrictions in this section will not be
permitted, unless demonstrated through a Site-Specific Zoning By-law
Amendment. Proposals that cannot comply with the policies of this Section
shall be directed to locate, or relocate, in a settlement area or must comply
with the applicable policies for non-agricultural uses in this Plan.
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j) Open Storage: A limited amount of open storage may be permitted for an on-
farm diversified use, provided that such storage is appropriately screened
from public view, neighboring properties and residential dwellings on
adjacent lots, and is in accordance with the implementing Zoning By-law.
k) Compatibility: On-farm diversified uses shall be compatible with, and not
hinder, surrounding agricultural operations, or other nearby land uses.
The proposed use, scale and location of the on-farm diversified use shall be
reviewed to ensure that potential compatibility issues with respect to traffic,
noise, dust, odour, spraying and other agricultural activities and normal farm
practices can be prevented or effectively mitigated. Further, an on-farm
diversified use shall be appropriately designed, buffered and/or separated
from nearby residential and other sensitive land uses to prevent, or
acceptably mitigate, potential impacts and to minimize risk to public health
and safety.
The on-farm diversified use shall be reviewed to ensure that all applicable
provincial and municipal requirements regarding, emissions, noise, odour,
nuisance, compatibility, water, and wastewater standards are addressed and
that the proposal has received all applicable environmental approvals and
addressed any public health and safety requirements.
The site plan approval for the proposed on-farm diversified use shall
incorporate any restrictions or requirements that may be necessary to
implement this policy.
l) Minimum Distance Separation: On-farm diversified uses shall be located in
conformity with MDS I. However, site specific exceptions may be considered
where:
i. an existing insufficient MDS I setback will not be further reduced and
the use is unlikely to create greater compatibility issues; or,
ii. the Municipality is satisfied that the level of human occupancy and/or
activity associated with the on-farm diversified use does not warrant
full compliance with MDS I;
The application of the MDS I setback to on-farm diversified uses will be
identified through the provisions of this Plan and the Zoning By-law.
m) Servicing: Existing or proposed individual on-site water services and
individual onsite sewage services are demonstrated to be adequate or will be
made adequate to serve the proposed on-farm diversified use, and shall be in
accordance with the requirements of the Municipality, including the
applicable policies of Section 6 of this Plan. On-farm diversified uses must
also be appropriate for other rural infrastructure and public services.
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n) Traffic and Access : Vehicular access for an on-farm diversified use shall not
create a traffic hazard due to proximity to bridges, railway crossings, curves or
grades or any other potential traffic hazard. On-farm diversified uses shall be
located on a road capable of accommodating the access and the type and
volume of traffic anticipated to be generated, to the satisfaction of the
authority with jurisdiction over the road, and be in accordance with the
applicable policies of Section 6 of this Plan.
o) Restrictions on Severance: The severance of an on-farm diversified use from
the agricultural lot upon which it is located shall not be permitted.
p) Other Applicable Policies: Proposals shall also comply with all other
applicable policies of this Plan.
3.3.4 Agriculturally-related Uses
Agriculturally-related uses are defined by provincial policy and are composed of
farm-related commercial and industrial operations that support the
Municipality’s agricultural sector, provide products and services directly to
farming operations, and benefit from being near the farming operations they
serve. Agriculturally-related uses are not considered On-Farm Diversified uses.
These uses include warehousing and distribution associated with local farming
operations, farm produce stands, grain dryers, agricultural research centres,
wineries and cideries, abattoirs, flour mills, stock yards, farm equipment repair,
agricultural auction establishments, and feed, seed, and fertilizer suppliers. These
uses will be permitted across the “Agricultural Area” designation subject to the
other policies of this Plan and the following:
a) when located in an agricultural designation, the total area of the use should
generally be less than 1 ha in size, including all buildings, driveways, parking,
and outdoor areas. Where a larger operation is proposed, the proponent will
be required to demonstrate that there will be no negative impacts on farming
operations or the rural character of the area;
b) the use serves agricultural operations in the area;
c) any buildings housing the agriculturally-related use are generally located
within the existing farm-building cluster, if located on a farm property;
d) there is no noise, lighting, dust, traffic, or odour from the business or industry
that will have an adverse impact on adjacent properties or agricultural
operations and will comply with the MDS Formulae;
e) that rural character is maintained or enhanced through the development’s
architecture, massing, and landscaping; and,
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f) the proposed potable water treatment and supply system; method of
sanitary sewage collection, treatment and disposal; solid waste disposal; and
any emissions to the environment shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks or its delegated authority and be in accordance with the policies of this
Plan.
3.3.5 Home-based Businesses & Industries
Home businesses and industries are classified as on-farm diversified uses under
provincial policy and include a wide range of small scale enterprises that can
operate discretely out of a residence, or other building, by the resident of the
property and include a range of professional services and the operations of
tradespeople but do not include manufacturing, retail, or wholesale operations.
Home-based businesses and industries will be permitted across in the
“Agricultural Area” designation subject to the On-Farm Diversified Use policies in
Section 3.3.3, and all other policies of this Plan.
3.3.6 Core Agri-tourism Operations
Agri-tourism operations are classified as on-farm diversified uses under provincial
policy and include a wide-range of leisure-related uses or activities related to
farming and agriculture. Uses that are directly related to a farming operation
such as ‘pick-your own’ produce establishments, tasting rooms for a winery or
cidery, sugar-shacks, petting zoos, tourist ranches, and produce markets shall be
permitted across the “Agricultural Area” designation subject to the On-Farm
Diversified Use policies in Section 3.3.3, and all other policies of this Plan.
3.3.7 Other Agri-tourism Operations
3.3.7.1 In some cases, agritourism operations may not have a direct relationship to a
farm operation or agriculture but may still be complementary to farming or rural
character. These uses include farmers markets, antique markets, bed and
breakfasts, and outfitters for hunting, fishing, and camping. They may also
include spas, retreats, outdoor recreational uses, and special event venues
whose programming is based around rural character and/or rural activities.
These uses may be permitted on a case-by-case basis in the “Agricultural Area”
designation subject to:
a) The On-Farm Diversified Use policies in Section 3.3.3;
b) Completion of an agricultural impact assessment to evaluate potential
impacts on agricultural operations and the agricultural system; and,
c) A Zoning By-law Amendment to ensure compatibility and appropriateness of
the proposed use.
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3.3.7.2 In undertaking any required agricultural impact assessment, the level of detail of
the assessment should correspond with the scale and intensity of the proposed
use.
3.3.8 Division of Agricultural Parcels
It is a policy of this Plan to discourage the division of large farms into smaller
holdings and to encourage continued farm use. The assembling and
disassembling of agricultural land into more efficient or more productive farming
units may be permitted. In considering applications to divide agricultural parcels
of land, the Municipality shall have regard to:
a) The need to discourage the unwarranted fragmentation of farmland;
b) The agricultural capability of the land;
c) The type of agricultural activity engaged in and proposed to be engaged in;
d) Both the severed and retained parcels must be sufficiently large enough to
permit flexibility for future changes in the type or size of the farming
operation, in order to meet changing economic conditions;
e) The severed and retained parcels are both suitable for the type of agriculture
use(s) common in the area and the farm size is appropriate for the type of
agriculture operation proposed;
f) The requirements of the Planning Act and the Provincial Planning Statement,
as amended;
g) The minimum farm parcel size as established in the Zoning By-law; and,
h) The MDS Formulae.
3.3.9 Farm Consolidation and Surplus Farm Dwellings
3.3.9.1 In accordance with the Provincial Planning 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
“Agricultural Area” 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
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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; and,
c) A minimum of one existing dwelling within the Municipality of Bayham must
be retained by the proponent farm operation, or a registered owner of the
proponent farm operation.
3.3.9.2 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; and,
c) Be rezoned in a Rural Residential Zone in the Zoning By-law.
3.3.9.3 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.
3.3.9.4 All parcels of property constituting the retained agricultural lands shall:
a) Depending on the current zoning and lot size, meet the provisions of the
Zoning By-law; and,
b) Be rezoned to prohibit the placement, development, or establishment of any
additional type or form of residential dwelling units thereon, including
additional residential units, regardless of changes in property boundary or
ownership.
3.3.10 Lot Adjustments
Consents to sever and convey land in areas designated “Agricultural Area” may
be permitted for lot adjustments, lot additions, boundary changes, easements
and rights of way, technical severance or correction of title, provided no new
conveyable lot(s) are created and are in accordance with the provisions of the
Zoning By-law.
3.3.11 Farm Labour Accommodations
3.3.11.1 Certain types of farming operations require outside farm labour to function. As
such, the establishment of farm labour accommodation is permitted in the
“Agricultural Area”, subject to the following policies:
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a) Minor Variance: Such accommodations may only be permitted by a minor
variance to the Zoning By-law and may not be severed from the farm
operation;
b) Built-Form: Such accommodations may be temporary building(s) in the form
of a mobile home or modular home; or a permanent building(s) in the form
of a converted dwelling or bunkhouse;
c) Alternative Location(s): 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;
d) Need: Sufficient information must be provided which outlines how the type,
scale, and/or size of the farm operation warrant the need for the proposed
farm labour accommodation(s);
e) Existing accommodations: Sufficient justification must be provided to show
how any existing farm labour accommodations that are part of the farming
operation can’t satisfy the housing needs of the farming operation;
f) Location: Sufficient justification must be provided to show how the location
of the farm labour accommodation makes efficient use of existing services
and infrastructure and how the location will not impact surrounding land
uses. Preference will be given to close proximity to principal farm dwellings
and the use of natural landscaping to buffer temporary dwellings from
surrounding land uses;
g) Size and Type: The farm labour accommodation is of a minimum size and
type that can accommodate both health unit and building code
requirements, and shall be no larger than necessary to accommodate the
needs of the temporary farm help residing in the accommodation. Preference
will be given to temporary building(s), or alternatively permanent building(s)
that are one storey in height, with a cumulative maximum floor area of
approximately 167 m2 for all farm labour accommodations on the lot;
h) Rural Character: The temporary building(s), or alternatively permanent
building(s), address visual impacts on rural character through architecture,
massing, and landscaping;
i) Amenity Space: There is adequate amenity space incorporated into the
development for the occupant(s) of temporary building(s), or alternatively
permanent building(s);
j) Services: The farm labour accommodation must demonstrate an adequate
supply of potable water and sanitary sewage disposal system to the
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satisfaction of the Municipality. Preference will be given to building(s) which
can make use of existing services; and,
k) Vehicular access: The farm labour accommodation must demonstrate how
vehicular access will not contribute to any traffic-related hazards to the
satisfaction of the appropriate road authority. Preference will be given to the
use of existing driveways.
3.3.11.2 Farm labour accommodation that cannot comply with the policies in Subsection
3.3.12.1 above are referred to as “Large Scale Farm Labour Accommodation” and
may be permitted for temporary accommodation of seasonal farm labour
through temporary dwellings or a permanent dwelling, subject to a Site-Specific
Official Plan and Zoning By-law Amendment and a Site Plan Application based on
the following criteria:
a) Alternative Location(s): Demonstration that alternative locations for the
accommodation in existing farm labour accommodation 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;
b) Rural Character: The temporary building(s), or alternatively permanent
building(s), address visual impacts on rural character through architecture,
massing, and landscaping;
c) Amenity Space: There is adequate amenity space incorporated into the
development for the occupant(s) of temporary building(s), or alternatively
permanent building(s);
d) Compatibility: 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,
e) Location: A location in the Municipality where the site and building design
shall provide appropriate accommodation for the health and safety of
seasonal farm labourers.
3.3.11.3 The Municipality may enter into a development agreement with the applicant
relating to such matters as location, maintenance, buffering, removal, and period
of occupancy of any Farm Labour Accommodation, as well as any other matters
deemed appropriate to ensure that the building(s) is used for its intended
purpose of providing housing for farm help.
3.4 Estate Residential Designation
3.4.1 Estate Residential uses shall only be permitted on lands previously designated
Estate Residential on Schedule “B” to this Official Plan, prior to approval of this
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Plan. The Municipality prohibits the creation of new estate residential
designation in the Rural Area.
3.4.2 Estate residential uses shall be restricted to one single-detached dwelling per lot.
3.4.3 The keeping of livestock in a hobby farm context is permitted in conjunction with
estate residential uses provided the complement of livestock is small and can
comply with the requirements of the applicable MDS formula.
3.5 Mobile Home Parks Designation
3.5.1 Mobile Home Parks may be permitted in areas designated “Mobile Home Parks”
on Schedule “B” to this Official Plan. Furthermore, the following existing mobile
home parks are recognized in the “Mobile Home Parks” designation by this Plan
and shall be appropriately zoned in the Zoning By-law:
a) In addition to an existing 5.1 hectare mobile home park, an additional 4.5
hectares of land in Lots 23, 24, Concession 9, and municipally addressed as
11981 Plank Road, will be considered for mobile home park purposes subject
to site-specific Official Plan and Zoning By-law amendments in accordance
with the applicable Official Plan policies and subject to the following
requirements:
i. Studies completed to the satisfaction of the Ministry of the
Environment Conservation and Parks and the Municipality with respect
to the proposed sewage and water services in accordance with
Subsections 3.2 and 6.4 of this Plan.
ii. Completion of an Environmental Impact Study (EIS) in accordance with
Section 5 of the Official Plan.
iii. Demonstration that MDS I has been satisfied and that the policies of
Subsection 3.2 will be addressed.
b) Lot 5, Concession 8, Municipality of Bayham, municipally addressed as 10085
Culloden Road;
c) Lot 13, Concession 2, Municipality of Bayham, municipally addressed as 4899
Plank Road.
3.5.2 Development of Mobile Home Parks is limited to expansions of existing parks or
to new parks within settlement areas as designated on the Schedules of this Plan.
The expansion of any of the listed existing parks above, will be subject to the
policies of Subsections 3.2.8 and 4.5 of this Plan. Proposed expansion of Mobile
Home Parks into the “Agricultural Area” designation shall be discouraged and
may only be considered by a site-specific Official Plan Amendment and an
accompanying Zoning By-law Amendment, subject to the policies of the
Provincial Planning Statement for non-agricultural uses in prime agricultural
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areas, the Minimum Distance Separation Formulae, and applicable policies of this
Plan.
3.6 Seasonal Travel Trailer Parks and Campgrounds Designation
3.6.1 Seasonal travel trailer parks and campgrounds may be permitted in areas
designated “Seasonal Travel Trailer Parks and Campgrounds” on Schedule “B” of
this Plan. Subject to the policies of Subsection 3.2 of this Plan and the Provincial
Policy Statement, it shall be the policy of this Plan to encourage new seasonal
travel trailer parks or campgrounds to locate in areas conducive to such
development. Such areas should be part of the Otter Creek System, or on the
shoreline of Lake Erie where exceptional scenic vistas, aesthetic settings and
recreational opportunities exist, subject to the policies of this Plan including
Subsection 3.2.8 (Minimum Distance Separation (MDS) Formulae) and Section 8
(Development Hazards). Consideration in the evaluation of proposed seasonal
travel trailer parks or campgrounds shall be in accordance with Subsection 4.6 of
this Plan.
3.6.2 Notwithstanding any policies of this Plan to the contrary, the following existing
Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and
shall be appropriately zoned in the Zoning By-law:
a) Lot 15, Concession 1, municipally addressed as 55353 Lake Shore Line;
b) Lot 17, Concession 2, municipally addressed as 55900 Glen Erie Line;
c) Lot 5, Concession 3, municipally addressed as 6679 Woodworth Road; and,
d) Lot 5, Concession 8, municipally addressed as 54428 Talbot Line.
3.7 Institutional Designation
3.7.1 Public institutional uses that serve the needs of the community and require a
rural location may be permitted on lands designated “Institutional” on Schedule
“B” of this Plan. Examples of such uses include schools, churches, museums,
meeting halls and cemeteries.
3.7.2 Several small-scale institutional uses such as churches, cemeteries and schools
currently exist within the Rural Area on Schedule “B” of this Plan. These uses
typically serve local rural populations and have limited conflicts with adjacent
agricultural or rural uses. These uses will be zoned in a site-specific fashion
consistent with their low building coverage to lot area ratio.
3.7.3 Notwithstanding Subsections 3.7.1 and 3.7.2, new institutional uses shall be
directed to designated settlement areas in the Municipality where municipal
services and/or amenities exist. The establishment of new, or expansion of
existing, institutional uses in the Rural Area shall be discouraged and may only be
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considered by a site-specific Official Plan Amendment and an accompanying
Zoning By-law Amendment.
3.7.4 In order to protect the surrounding resource lands from the effects of the
proposed use, the proposed institutional use is subject to the Minimum Distance
Separation Formulae and should meet, in addition to the policies of this Plan, the
following criteria:
a) The road capacity exists for any projected increased traffic flow;
b) The topography lends itself to the particular use;
c) Natural heritage features and areas are protected;
d) Solid waste disposal can be taken care of adequately; and,
e) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.7.5 The potable water supply, sanitary sewage treatment and disposal, taking of
water and any emission to the environment shall meet the requirements of and
be approved, if required, by the Ministry of the Environment Conservation and
Parks, and/or the appropriate approval authority as applicable and be in
accordance with the policies of this Plan.
3.8 Commercial / Highway Commercial Designation
3.8.1 All commercial uses are encouraged to be located within settlement areas.
Notwithstanding this, commercial uses may be permitted in areas currently
designated “Commercial / Highway Commercial” on Schedule “B” of this Plan
subject to the Minimum Distance Separation Formulae. Permitted uses shall
include those commercial uses which rely heavily upon automobile or truck
traffic for their economic existence, and such uses may include automobile
service stations, public garages and automobile sales agencies, farm machinery
sales and service, farm supplies, building supply outlets, convenience stores,
motels, drive-in restaurants or other eating establishments and accessory retail
uses together with a residence of the owner or caretaker provided it is
structurally attached to the commercial use.
3.8.2 Retail uses such as grocery stores, clothing and apparel, hardware, drug stores,
etc., as well as shopping centres that would compete for retail sales with the
retail facilities of urban areas will be discouraged in the Rural Area of the
Municipality.
3.8.3 The establishment of new, or expansion of existing, commercial uses in the Rural
Area shall be discouraged and may only be considered by a site-specific Official
Plan Amendment and an accompanying Zoning By-law Amendment. In addition
to the Minimum Distance Separation Formulae per Subsection 3.2.8, the
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following policies shall govern the development and zoning of commercial uses,
which shall be included in a ‘Highway Commercial Zone’ or ‘Rural Commercial
Zone’ in the Zoning By-law and which are subject to the policies of the Provincial
Planning Statement for non-agricultural uses in prime agricultural areas, where
applicable:
a) Commercial uses in locations other than along, or at intersections with
Highway No. 3 or County Roads may be permitted on a limited basis; and,
b) The development of laundromats, car washes or other high water consuming
establishments will not be permitted unless they can be connected to a piped
municipal water supply and have an appropriate means of sanitary sewage
treatment and solid waste disposal.
3.9 Recreational Designation
3.9.1 Recreational uses such as golf courses and other public and private parks may be
permitted on lands designated “Recreational” on Schedule “B” to this Official
Plan. The establishment of new, or expansion of existing, recreational uses in the
Rural Area shall be discouraged and may only be considered by a site-specific
Official Plan Amendment and an accompanying Zoning By-law Amendment.
3.9.2 In order to protect the surrounding resource lands from the effects of the
proposed use, the proposed recreational use is subject to the Minimum Distance
Separation Formulae and should meet, in addition to the policies of this Plan, the
following criteria:
a) The road capacity exists for any projected increased traffic flow;
b) The topography lends itself to the particular use;
c) Natural heritage features and areas are protected;
d) Solid waste disposal can be taken care of adequately; and
e) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.9.3 The potable water supply, sanitary sewage treatment and disposal, taking of
water and any emission to the environment shall meet the requirements of and,
if necessary, be approved by the Ministry of the Environment Conservation and
Parks, and/or the appropriate approval authority as applicable and be in
accordance with the policies of this Plan.
3.10 Industrial Designation
3.10.1 The lands designated “Industrial” on Schedule “B” in Part Lots 18, 19 and 20,
Concession 11, in the north bordering the Township of Southwest Oxford and
Norfolk County are recognized as the “Bayham Industrial Park” and the main
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industrial area of the Municipality of Bayham. Further, this area is recognized as
the “Strategic Employment Areas” designation on Schedule “A” of this Plan. In
addition to the Strategic Employment Areas policies in Subsection 2.3 of this
Plan, the following criteria shall be applied to the development of these lands:
a) The lands shall be developed in a manner which ensures access to interior
lands and which is consistent with road networks in the neighbouring Town
of Tillsonburg.
b) Any proposed development abutting the Big Otter Creek ANSI shall require an
Environmental Impact Study (EIS) in accordance with the policies of this Plan.
Terms of Reference for the EIS may be detailed upon consultation with the
Municipality and Conservation Authority.
c) Parcels of land adjacent to Provincial Highway 3 may also be developed for
commercial purposes in accordance with the policies in Subsection 3.8 of this
Plan.
d) Development will proceed by the plan of subdivision process for the creation
of lots. All lots created by a plan of subdivision and adjacent to Provincial
Highway 3 must be reverse frontage lots with no direct access to the highway.
Access to the Industrial Park will be by (a) new municipal road(s), intersecting
a Municipal or County Road at a location acceptable to the Ministry of
Transportation.
3.10.2 Industrial uses in locations other than the Bayham Industrial Park may be
permitted on a limited basis subject to an Official Plan Amendment and an
accompanying Zoning By-law Amendment, provided they meet the Minimum
Distance Separation Formulae, all other applicable policies of this Plan, and the
Zoning By-law regulations for industrial uses.
3.10.3 The general principles to be considered in the development and zoning of lands
designated as “Industrial” on Schedule “B” are as follows:
a) The Zoning By-law shall provide a separate set of Zone Regulations for Rural
Industrial uses, such that they are distinguishable from smaller scale and
farm-related industrial uses;
b) Industries which create adverse off-site environmental impacts such as air
pollution, odour, noise, or which generate excessive solid or liquid wastes
either in volume or toxicity will not be permitted;
c) Industries should not require municipal sanitary sewer service. Only ‘dry’
industrial uses shall be permitted. A ‘dry’ industrial use shall be defined as a
use that does not require water for cooling, washing, and processing and
whose subsurface sanitary sewage treatment and disposal system(s) are used
solely for the domestic waste generated by employees;
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d) Industries should not require connection to a municipal water supply, unless
the establishment of private potable water supply is deemed impossible by
either failed services or physical constraints;
e) The proposed potable water supply system and method of sanitary sewage
treatment and disposal, solid waste disposal, taking of water, and any
emissions to the environment shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks and/or the appropriate approval authority;
f) Adequate off-street parking shall be provided;
g) Access points to such parking areas shall be limited in number and designed
in a manner that will minimize the danger to vehicular and pedestrian traffic;
h) Adequate buffering in the form of landscaping, fencing, or separation
distances shall be provided between the industrial area and adjacent uses to
prevent adverse impacts. Attention shall be given to buffering and
landscaping of parking lots; and
i) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.11 Conservation Lands Designation
3.11.1 General Policies
3.11.1.1 The areas of exceptional scenic and recreational value, and geographic and
environmental significance throughout the planning area, and particularly along
the Lake Erie shoreline, should be preserved and/or developed in order to
maintain their inherent environmental and scenic values. These areas should be
designated as “Conservation Lands”.
3.11.1.2 The designation is distinct from “Hazard Lands”, in that a physical environmental
hazard may not be present.
3.11.1.3 Any development in areas of exceptional scenic or recreational value should be
regulated so that its impact will not detract from the natural environmental
character of the area. Proper forest resource management procedures should be
adhered to and all tree removal should be done in accordance with the Elgin
County Tree Cutting By-law
3.11.1.4 The major areas of scenic and recreational value should be accessible to the
public. Such areas in public ownership should be designated “Conservation
Lands”.
3.11.1.5 The “Conservation Lands” designation may be used to protect Natural heritage
features and areas from incompatible development. It may also be used to assist
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in the preservation and management of Cultural Heritage and Archaeology in
accordance with the Provincial Planning Statement.
3.11.1.6 The Municipality supports the use of conservation easements between private
landowners and conservation agencies in accordance with the Conservation Land
Act. Conservation easements may be used:
a) for the conservation, maintenance, restoration or enhancement of all or a
portion of land or wildlife on the land;
b) for the protection of water quality and quantity, including protection of
drinking water sources;
c) for watershed protection and management;
d) for the conservation, preservation or protection of the land for agricultural
purposes; or
e) for any other purposes prescribed by the Conservation Land Act.
3.11.1.7 Where lands designated for conservation are in private ownership, this Plan does
not intend that any particular parcel will necessarily remain in this category
indefinitely, nor does the Plan imply that any “Conservation Lands” are free and
open to the general public or will be purchased at any time by the Municipality
or any other public agency. If an application is made to the municipality to
change the designation of “Conservation Lands”, the Municipality will first
determine if the land is required for public purposes and if it can be purchased by
the Municipality or other public agency. If the land is not to be purchased, then
the Municipality may give consideration to the proposed amendment to the
Plan.
3.11.2 Permitted Uses
3.11.2.1 The “Conservation Lands” designation shall mean that the predominant use of
the land shall be for the preservation and enjoyment of significant natural
resources such as:
a) Water resources;
b) Unique vegetation or wildlife habitats;
c) Forestry (sylviculture);
d) Valuable recreation resources;
e) Historic sites;
f) Designated outdoor recreation areas;
g) Any natural resources the community and/or the Conservation Authority
deem to be important as an environmental asset to the area.
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3.11.2.2 Areas designated for conservation may have accessory residential buildings on a
seasonal basis but no new permanent residential buildings shall be established.
3.11.2.3 Existing residences and/or agricultural operations on “Conservation Lands” may
be maintained to permit the existing use.
3.12 Licensed Pits and Quarries
Legally existing pits and quarries licensed under the Aggregate Resources Act and
identified on Schedule “B” of this Plan shall be zoned appropriately in the Zoning By-law.
These operations shall be permitted to continue and shall be protected from new
incompatible adjacent land uses and activities and in accordance with policies in
Subsection 7.2 of this Plan.
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Settlement areas are composed of the Municipality’s villages and hamlets. These areas are
centres for residential, commercial, industrial, and institutional development in the Hamlets of
Corinth, North Hall, Eden, Richmond and Calton, and the Villages of Straffordville, Vienna and
Port Burwell. It is the intent of this Plan to concentrate all urban growth in these centres in
order to provide important economic and social functions for the Municipality’s residents and
businesses and prevent scattered non-farm development in prime agricultural areas. To that
end, the following objectives have been identified as they relate to settlement areas in the
Municipality:
a) Protect the unique small-town character of the Municipality’s settlement areas;
b) Facilitate the creation of compact, complete, and pedestrian-friendly communities that
provide equitable access to a range of local economic and social opportunities, centred
around a vibrant main street or commercial core;
c) Ensure that development and redevelopment utilizes land efficiently, as servicing will
permit;
d) Ensure that development is appropriately located, safely accessed, and adequately
serviced; and,
e) Encourage the use of environmental best practices for development and redevelopment.
4.1 Composition of Settlement Areas
Settlement Areas are composed of all lands designated as such in this Plan and are made
up of the Municipality’s villages and hamlets. It is intended that future development
within the Municipality of Bayham will take place in accordance with the land use
designations shown on the following Schedules:
• Schedule “B” Land Use Plan
• Schedule “B1” Village of Straffordville: Land Use and Constraints
• Schedule “B2” Village of Vienna: Land Use and Constraints
• Schedule “B3” Village of Port Burwell: Land Use and Constraints
4.2 General Development Policies
In addition to the other policies of this Plan, the following policies apply to all Settlement
Areas identified in this Plan:
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a) The Municipality will place the highest priority on the location of new urban
development in areas of the Municipality where full municipal services are readily
available; and,
b) Large residential, commercial or industrial development proposals, generally defined
as plans of subdivision or plans of condominium with more than five (5) lots, shall be
restricted until both sewer and/or water services can be provided to the site(s) under
consideration in accordance with Ministry of the Environment Conservation and
Parks requirements.
4.2.1 Community Design and Protecting Urban Character
4.2.1.1 The Municipality of Bayham’s urban character is defined by small, human scale
communities centred on a crossroads, main street, or small commercial core
composed of concentrations of pedestrian-friendly (often older) built form, with
a variety of retail, employment, residential, and civic uses. 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, which may be further detailed through urban design
guidelines and standards approved by Council. 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 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;
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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
development approvals process;
j) Enhancing the pedestrian-friendly nature of the settlement area;
k) Reinforcing and enhancing the sense of community through connectivity and
integration with existing built areas, and the provision of community spaces
and facilities;
l) Using massing, scale, architectural, and/or urban design elements to
reinforce the character of the settlement;
m) Respecting the role and primacy of the settlement area’s main street or
commercial core and encouraging the development and/or retention of local
retail and commercial amenities;
n) Using design concepts that reference or reflect the history and/or historic
character of the settlement area;
o) 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;
p) At the Municipality’s discretion, it shall be incumbent on an applicant to
demonstrate how their proposal protects and enhances urban character
within their submission materials for certain proposals; and,
q) In the case of proposals for industrial / employment uses, applicants shall be
encouraged to demonstrate how their proposal will be sensitively integrated
with adjacent non-industrial / employment uses where applicable.
4.2.1.2 Exceptions
While the protection and enhancement of urban character is not intended to
require historic reproduction or to limit intensification or higher density
development, rather innovative architectural styles and urban forms that protect
and enhance the Municipality’s urban character and assist in sensitively
integrating higher density development are encouraged. It shall be incumbent on
an applicant to demonstrate how their proposal protects and enhances urban
character, and to that end, an urban design brief may be required for certain
proposals. In the case of proposals for industrial / employment uses, applicants
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shall be encouraged to demonstrate how their proposal will be sensitively
integrated with adjacent non-industrial / employment uses where applicable.
4.2.2 Development in Tier I Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier I Settlement Area, it shall be
demonstrated that the new development will:
a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area, be compact, and minimize the consumption of land
and infrastructure;
b) confirm that there is sufficient reserve capacity in both the municipal water
and sanitary sewage systems to accommodate the development, and be
connected to those systems, except in cases of minor infilling in existing
developed areas where other servicing options may be considered;
c) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
d) achieve a minimum net density of 20 units/net hectare where residential
development is proposed however, should the Municipality be satisfied that
this is not appropriate in certain circumstances due to geography,
topography, or other similar factors, this requirement may be waived;
e) front onto, and be directly accessed, by a public road that is maintained year-
round by a public authority;
f) conform to the access policies of the relevant road authority; and,
g) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.3 Development in Tier II Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier II Settlement Area it shall be
demonstrated that new development will:
a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area and minimize the consumption of land to the extent
possible;
b) confirm that there is sufficient reserve capacity in the municipal water and
sanitary sewage systems, to accommodate the development, if a connection
to either system is proposed;
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c) be sized appropriately to accommodate either an on-site drinking water
system or sanitary sewage system, as the case may be, if proposed;
d) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
e) front onto, and be directly accessed, by a public road that is maintained year-
round by a public authority;
f) conform to the access policies of the relevant road authority; and,
g) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.3.1 Notwithstanding Subsection 4.2.b) or any other policy in this Plan, large
residential, commercial or industrial developments may be permitted on lands
within the Village of Straffordville and Hamlet of Eden which are not serviced by
municipal water services, without an Official Plan Amendment in accordance
with the following criteria:
a) The developer shall provide servicing plans for future municipal water
services for the subject lands and connection(s) to municipal water services
in the design of any draft plan of subdivision or condominium application to
ensure that these services or facilities can be provided up to the appropriate
standard, which complies with all regulatory requirements, and protects
human health and the natural environment in the event of future municipal
service extensions to the area;
b) Hydrogeological and/or geotechnical reports must be submitted to the
satisfaction of the Municipality, which demonstrate that no long-term
negative impacts to water quantity and quality will be produced by the
development and there is sufficient long-term water quantity and quality
available for the development; and,
c) Confirmation from the Municipality of sufficient reserve sewage system
capacity within municipal sewage services for any proposed development is
required.
4.2.4 Development in Tier III Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier III Settlement Area, it shall be
demonstrated that the new development will:
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a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area and minimize the consumption of land to the extent
possible;
b) be sized appropriately to accommodate both an on-site drinking water
system and sanitary sewage system as the case may be;
c) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
d) front onto, and will be directly accessed, by a public road that is maintained
year-round by a public authority;
e) conform to the access policies of the relevant road authority; and,
f) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.5 Community Improvement Areas
4.2.5.1 Municipal Council has determined that all of the Settlement Areas shown on
Schedule “A” of this Plan shall form the “Community Improvement Areas” in the
Municipality of Bayham to the 2051 planning period. Municipal Council may
determine that additional community improvement project areas within the
Municipality of Bayham be identified, subject to the criteria set out in this
Subsection and Subsection 11.6.11 of this Plan. The overall goals in the
Community Improvement Areas are as follows:
a) To stabilize preserve and improve existing and viable residential, recreational
and commercial areas in the Hamlets and Villages of the Municipality of
Bayham;
b) To utilize community improvement initiatives as an incentive to attract new
commercial and light industrial establishments to the hamlets, with particular
emphasis on the expansion of the industrial base in the Villages of
Straffordville, Vienna and Port Burwell;
c) To safeguard the health, convenience and enjoyment of both residents and
visitors by improving social, cultural and recreational facilities and services;
d) To protect and improve the economic well being of the Municipality and its
residents by encouraging and/or participating in programs that will promote
new jobs, new capital investment and increases in the economic base and
municipal tax base, having regard for the cost/benefit relationship of such
programs;
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e) To improve the overall energy efficiency and environmental impact of
development, with particular emphasis on development in settlement areas;
4.2.5.2 The objectives for existing and new Residential development are as follows:
a) To improve conditions in older deteriorating but potentially stable and
predominantly residential areas or neighbourhoods so as to maintain their
long-term viability;
b) To encourage infilling in established residential neighbourhoods and under-
developed areas designated for such land use so as to maintain the relatively
compact configuration of development within the Hamlets and Villages;
c) To encourage rehabilitation and upgrading of existing housing stock so as to
achieve and maintain a minimum standard of housing;
d) To upgrade municipal services, public utilities and social and recreational
facilities; and,
e) To ensure that municipally operated facilities and community services are
provided consistent with the identified needs of all residents in the Hamlets
and Villages.
4.2.5.3 The objectives for existing and new Commercial development are as follows:
a) To improve both parking and pedestrian facilities in the commercial areas;
b) To encourage the rehabilitation of existing commercial and institutional
developments in the Hamlets and Villages;
c) To improve the overall attractiveness of the commercial areas in terms of
aesthetics and public amenities;
d) To diversify and expand the economic base of the Hamlets and Villages, and
to expand the range of services and shopping opportunities available in the
Hamlets and Villages; and,
e) To prepare and implement a design scheme and marketing strategy for the
“Commercial” designations in Straffordville, Vienna and Port Burwell.
4.2.5.4 In addition to the specific Residential and Commercial objectives noted in
Subsections 4.2.5.2 and 4.2.5.3, the following objectives are intended to achieve
the goals of Community Improvement:
a) Surface treat all local roads that are within the Municipality’s jurisdiction;
b) Provide curbs, gutters and asphalt on all collector and arterial roads in the
Municipality;
c) Provide adequate street lighting on all local and arterial roads in the
Municipality and on certain local roads where warranted;
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d) Provide low intensity lighting on footpaths, lanes and in park areas;
e) Provide sidewalks in urban areas of the Municipality where it is warranted by
pedestrian traffic;
f) Improve existing, and establish new parks, playgrounds, rest areas, open
space areas, indoor recreational facilities and water access facilities;
g) Improve existing and establish new social and recreational facilities and
programs for children, adults and senior citizens;
h) Phase out non-compatible land uses as identified by both the Official Plan
and the Zoning By-laws;
i) Provide publicly-owned and operated sewage collection facilities to all urban
property owners;
j) Provide publicly-owned and operated water services to all urban areas. The
water shall be of a quality water distribution system shall be of a standard
acceptable to the Ministry of Environment Conservation and Parks or their
delegated authority;
k) Generally foster local economic growth;
l) To promote the establishment, expansion, and rehabilitation of tourism and
tourist destination-oriented uses within existing buildings; and,
m) To encourage the establishment, expansion, and rehabilitation of agriculture-
related and secondary uses within existing buildings in the agricultural area.
In achieving the above objectives, Council shall consider whether finances permit
the undertaking of these objectives.
4.2.5.5 The objectives for brownfield (i.e. contaminated or potentially contaminated
sites) redevelopment are as follows:
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; and,
d) To prepare and implement design schemes and marketing of former
industrial and commercial lands in the municipality.
4.2.5.6 The criteria and policies for brownfield redevelopment are as follows:
a) Areas of industrial or former industrial uses or commercial or former
commercial uses in need of rehabilitation;
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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;
d) Council may by by-law adopt incentives for the redevelopment of brownfields
sites; and,
e) Incentives may include tax incentives, reduced development fees or other
provisions in accordance with the Municipal Act.
4.2.6 Additional Residential Units
A maximum of two (2) additional residential units shall be permitted on the same
property within Settlement Areas where single-detached, semi-detached, and/or
rowhouse dwellings are permitted, subject to the following policies:
a) Additional residential units may be located in the same building as the
primary dwelling unit or in an accessory building on the same property;
b) A maximum of one (1) additional residential unit may be located in an
accessory building;
c) A maximum of one (1) connection to existing private and\or municipal
sewage and water services shall be available to service the additional
residential unit(s);
d) The exterior building or site changes to permit the additional residential unit
shall maintain the general form and architectural character of the building
where possible; and,
e) Additional residential units shall comply with the policies of this Plan and the
regulations established in the Zoning By-law.
4.2.7 Addressing Climate Change
New development in all Settlement Areas is encouraged to be planned and
designed to mitigate and adapt to the impacts of climate change through
incorporating sustainable construction materials or practices, green
infrastructure, energy conservation standards, water efficient technologies, and
low impact development. For large development proposals, applicants may be
required to demonstrate how this will be achieved.
4.3 Hamlets
The “Hamlet” policies are intended to apply to those parts of the Municipality where
small concentrations of urban development and land uses have evolved into small,
identifiable communities. The “Hamlet” policies shall apply to the various hamlets
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designated by this Plan. Schedule “B” designates Corinth, North Hall, Eden, Richmond
and Calton as “Hamlets”. The intended function of the “Hamlets” in this Plan is to remain
as small dormitory clusters, providing limited commercial, industrial and institutional
services to the immediate surrounding area, subject to the servicing policies of this Plan.
The policy of this Plan is to restrict large residential developments (more than 5 lots)
wherever municipal services are not available, while allowing future growth on the basis
of infilling and in accordance with the Hamlet boundaries as depicted on Schedule “B”.
4.3.1 Permitted Uses
4.3.1.1 Permitted uses would include residential dwellings, variety stores, public garages,
schools, churches, small scale commercial and industrial uses, and emergency
and transitional housing.
4.3.1.2 Land uses other than residential will be permitted in hamlets if they serve the
residential function, are compatible with it, or improve the quality of life in the
neighbourhood. Examples of such uses include, but are not limited to:
• neighbourhood retail stores
• drug stores
• small-scale professional offices
• public and private small-scale institutions
• local service industrial uses
4.3.2 General Policies
4.3.2.1 Non-residential uses shall be consolidated into clusters wherever possible rather
than permitting them to spread throughout the hamlet area. The location and
site design of non-residential uses in the Hamlet designation shall provide for off-
street parking, landscaping, and adequate buffering and utilize the best
principles of urban design in order to create a high quality residential
neighbourhood.
4.3.2.2 In addition, larger scale public and private uses such as religious institutions,
clinics, convalescent homes, nursing homes, hospitals and schools will be
permitted in “Hamlets” provided that an amendment to the Zoning By-law has
been approved to protect the surrounding residential lands from the proposed
use.
4.3.2.3 Some of the principles to be considered in the development and zoning of non-
residential uses in the residential areas in “Hamlets” are as follows:
a) The permitted hamlet commercial or industrial uses shall be limited to retail
stores or service shops which provide for the daily shopping or service needs
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of the adjacent residential areas and may include an automobile service
station in a separate zoning category;
b) The location of hamlet commercial or industrial uses shall be encouraged to
locate on arterial or collector roads and indiscriminate scattering of these
uses shall be discouraged;
c) The hamlet commercial or industrial uses shall be sited so as to minimize any
adverse impacts upon the adjacent residential uses;
d) The buildings containing hamlet commercial or industrial uses shall be
designed, and any lighting or signs arranged so as to blend in with the
character of the adjacent residential area;
e) New hamlet commercial or industrial uses shall be included in a separate
zoning category in the Zoning By-law and existing commercial and industrial
facilities should also be so recognized in the zoning by-law;
f) Adequate off-street parking shall be provided; and,
g) Adequate buffer planting shall be provided between the hamlet commercial
or industrial use and any adjacent residential areas, and such buffer planting
may include provisions for grass strips, fences, and appropriate planting of
trees and shrubs.
4.3.2.4 Consents will generally be discouraged and will only be granted when it is clearly
not necessary in the public interest that a plan of subdivision be registered. If a
plan of subdivision is not deemed necessary, regard shall be had to other policies
in this Plan and to the following criteria when considering an application for a
consent in the Hamlet areas:
a) Consents shall be granted only in areas where the minor, or no extension of
any municipal service would be required. Any services required in a consent
should be satisfactory to the appropriate approval authority;
b) Consents should be granted only when the land fronts on an existing public
road, which is of a reasonable standard of construction;
c) Consents should have the effect of infilling in existing developed areas and
not of extending the Hamlet area unduly;
d) The size of any parcel of land created by a consent should be appropriate for
the use proposed considering the public services available and the soil
conditions, and in no case should any parcel be created which does not
conform to the provisions of the Zoning By-law;
e) Direct access from major roads should be restricted and residential lots
should, where possible, have access only from internal residential roads;
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f) Consents should not be granted for land adjacent to a road from which
access is to be obtained where a traffic hazard would be created because of
limited sight lines on curves or grades;
g) Consents should be granted only when the creation of the lot will not
interfere with subsequent access to interior lands;
h) Consents for mortgage, estate, or other boundary adjustment purposes shall
be permitted provided that they adhere to principles of good planning, do
not cause land use conflicts and conform to the provisions of the Zoning By-
law.
4.3.3 Residential Uses
4.3.3.1 The principal land use function of “Hamlets” shall be for clusters of non-farm
residential development in the form of single detached dwellings, other low or
medium density types of dwellings, and emergency and transitional housing.
4.3.3.2 It is the intention of this Plan to allow for the eventual development of other
residential types such as multi-unit dwellings and single unit mobile home parks
within the residential areas of the “Hamlets”. These residential types shall be
included in separate zoning categories in the Zoning By-law and will be
permitted, providing that municipal water and sewer services are available, and
an amendment to the Zoning By-law has been approved. Consideration of the
following factors shall be given in the evaluation of an amendment to the Zoning
By-law for multi-unit residential developments:
a) The uses permitted shall include the various types of multiple dwellings such
as townhouses, converted dwellings and walk-up apartments;
b) The multiple unit dwellings shall be sited to enhance the quality of the
immediate area with particular attention to the effects of vehicular and
pedestrian traffic generation;
c) Adequate off-street parking shall be provided; and,
d) Multiple unit dwellings will only be permitted in areas where municipal water
and sewer services are available.
4.3.4 Commercial Uses
4.3.4.1 The general principles to be considered in the development and zoning of
commercial uses in the “Hamlets” are as follows:
a) The uses permitted in this land use category are those uses that may serve
local residents or the entire Municipality. These uses may include, but are not
limited to:
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i. establishments essentially engaged in the buying and selling of goods
and services;
ii. automobile service stations and sales garages;
iii. places of entertainment and general assembly;
iv. offices and studios;
v. service shops;
vi. public and institutional uses; and,
vii. residential uses in the form of apartments over and beyond ground
floor commercial uses.
b) The commercial areas in the “Hamlets” should remain as compact as possible
in order to be readily accessible to the pedestrian public;
c) Adequate off-street parking within the commercial lot area shall be provided
for the convenience and safety of the people and the businesses served; and,
d) Adequate buffering shall be provided between the commercial uses and
adjacent uses to prevent adverse effects or impacts. Attention shall be paid to
adequate buffering and landscaping of parking lots.
4.3.5 Open Space Uses
4.3.5.1 The establishment of public and private parks and recreation lands within the
“Hamlets” designation is permitted.
4.3.5.2 Accessory buildings necessary for open space and recreation use will be
permitted under this designation.
4.3.5.3 Where any lands designated for open space are under private ownership, this
Plan does not indicate that such land will necessarily remain as open space
indefinitely, nor shall it be construed as implying that open space areas are free
and open to the general public or will be purchased by the Municipality in
accordance with Subsection 11.7 of this Plan. If proposals to develop any such
lands that are in private ownership are made and the municipality does not wish
to purchase such lands in order to maintain the open space, then an application
for the redesignation of such lands for other purposes will be given due
consideration by the Municipality.
4.3.5.4 The Municipality shall endeavour to maintain the existing parkland in the
municipality and should attempt, where possible, to acquire additional lands for
neighbourhood parks within the “Hamlets” as warranted by the level of
residential development in these areas, in accordance with Subsection 11.7 of
this Plan.
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4.3.5.5 It is the policy of this Plan that within all “Hamlets”, adequate open space shall
be provided. To achieve this policy, Council shall ensure that the land dedication
required pursuant to the Planning Act, for consents and new subdivisions will be
used to create local parks, in accordance with Subsection 11.7 of this Plan.
4.3.5.6 Monies acquired in lieu of parkland dedication shall be managed by the
Municipality in a park fund for use in providing recreational lands and facilities to
serve the needs of all residents.
4.4 Villages
The “Village” policies are intended to apply to those parts of the Municipality where major
concentrations of urban development exist. The “Village” policies shall apply to development in
the Villages of Straffordville, Vienna and Port Burwell as designated on Schedule “B” to the
planning horizon year of 2051, subject to the servicing policies of this Plan.
4.4.1 General Policies
4.4.1.1 There are nine (9) land use designations / constraints that apply in the three
villages as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
4.4.1.2 The policies for “Conservation Lands” and “Hazard Lands” are located in
Subsection 5.11 and Section 8 of this Plan, as they are not specific to the three
Villages.
4.4.2 Residential Designation
4.4.2.1 Within the areas designated “Residential” on Schedule “B1”, “B2” and “B3”, the
primary use of land shall be for single-detached dwellings. Two-unit dwellings
and seasonal dwellings may also be permitted in order to ensure a diversity of
low-density housing types capable of meeting the needs of the Municipality. The
dwelling units permitted in the “Residential” designation will be regulated by the
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Zoning By-law. Single, seasonal residential and semi-detached dwellings and
duplexes should target a gross density of twenty (20) units per hectare.
4.4.2.2 The Municipality supports the redevelopment and residential intensification of
underutilized lands in the “Residential” designation. Such redevelopment or
intensification may consist of the uses outlined in Subsection 4.4.2.1 of the Plan.
4.4.2.3 Minor commercial or institutional land uses may be permitted if they serve the
residential function, are compatible with it, or improve the quality of life in the
neighbourhood. Minor commercial uses include small scale professional offices.
Minor institutional uses include places of worship and schools.
4.4.2.4 Home occupations may be permitted if they are clearly secondary to a residential
use, and comply with the standards and regulations as prescribed by the Zoning
By-law.
4.4.2.5 In order to maintain and strengthen the development of the “Commercial”
designation and in order to maintain the character of areas designated
“Residential”, the establishment of commercial uses will not be permitted (with
the exception of those described in Subsection 4.4.2.3) in the “Residential”
designation.
4.4.2.6 Neighbourhood parks, playgrounds and other public open space areas that serve
residential needs and complement the character of the “Residential” areas shall
be permitted in accordance with Section 4.4.8.2 provided they comply with the
standards and regulations of the Zoning By-law.
4.4.2.7 In addition to the policies of Section 4.2 as applicable, proposals for new
development in the designated “Residential” areas shall meet the following
criteria:
a) Open space: Open space including parkland shall be provided in accordance
with the policies of Section 4.4.8.
b) Adjacent and surrounding land use: The proposed development shall be
compatible with existing (or proposed) neighbouring land uses and any
proposed lots shall be consistent with adjacent and surrounding lots and be
adequately screened from adjacent land uses by the provision of landscaping
and/or buffering, where necessary or desirable.
c) Street pattern: In new residential subdivisions, the use of a curvilinear street
pattern, cul-de-sacs, and other similar design features to minimize through
traffic movements shall be encouraged.
4.4.3 Multi-Unit Residential Designation
4.4.3.1 Permitted uses in the “Multi-Unit Residential” designation are housing in the
form of emergency and transitional housing and medium density residential uses
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such as townhouses and apartment buildings, including senior citizens’
complexes.
4.4.3.2 Other uses complementary to, and compatible with, residential development
such as small scale schools, churches, clinics and parks may be permitted, subject
to rezoning. These uses will be permitted if they serve the residential function
and improve the quality of life in the neighbourhood.
4.4.3.3 Home occupations, Mobile homes or trailers are prohibited.
4.4.3.4 Apartments should target a net density of 75 units per hectare. All other
permitted uses should target a net density of 35 units per hectare.
4.4.3.5 Adequate off-street parking shall be provided and should be designed, situated,
buffered and landscaped so as to minimize adverse impacts on adjacent
properties.
4.4.3.6 Development shall enhance the quality of the residential neighbourhood, with
particular attention to the effects of vehicular and pedestrian traffic operation.
4.4.4 Harbour Residential/Commercial Designation
4.4.4.1 In the “Harbour Residential/Commercial” designation, permitted uses include
townhouses targeted to a net density of 35 units per hectare; stacked
townhouses to a targeted net density of 60 units per hectare; apartments to a
targeted net density of 75 units per hectare; marinas and associated uses,
including boat storage and repairs; parks, schools and churches; tourist
commercial establishments; and parking areas.
4.4.4.2 The waterfront is considered an important element to the community at large. As
such, Council puts considerable value in obtaining either ownership or public
easements along the Big Otter Creek for public use. Further, Council recognizes
that uses such as commercial fishing, charter boat operators, recreational
boating, recreational anglers, and the public boat ramp are important to the
social and economic health of the wider community.
4.4.4.3 To fulfil the intent of Subsection 4.4.4.2, Council may accept the dedication of a
linear open space system along the Big Otter Creek as parkland dedication
notwithstanding the policies of Subsection 11.7.2.
4.4.5 Commercial Designation
4.4.5.1 Within the area designated “Commercial”, the predominant use of land shall be
for the buying and selling of goods and services. The types of commercial uses
permitted in this designation will be specified in the Zoning By-law.
4.4.5.2 Secondary uses may also be permitted and may include residential uses in
accordance with Subsection 4.4.2, public parks and open space, off-street
parking, and small-scale manufacturing or industrial uses accessory to a
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commercial use. These secondary uses will be specified in and regulated by the
Zoning By-law.
4.4.5.3 The “Commercial” designation will be recognized as the dominant areas of
commercial activity in the Municipality. New commercial development should be
an extension of the existing area and should be discouraged from establishing in
adjacent residential areas unless it can be demonstrated that suitable sites within
the “Commercial” designation are not available.
4.4.5.4 The Municipality, in co-operation and consultation with merchants and property
owners, will seek to strengthen and enhance the “Commercial” designation. This
will be achieved by improvements to publicly and privately owned land and
through the prevention of incompatible or undesirable development taking
place.
4.4.5.5 In addition to the policies of Subsection 4.2, proposals for new development and
redevelopment shall meet the following criteria:
a) Off-street parking: Adequate parking shall be provided in accordance with the
Zoning By-law. As an alternative to providing on-site parking, the Municipality
may accept a cash-in-lieu payment with such monies going towards the
creation of new or the improvement of existing parking areas servicing the
“Commercial” designation.
b) Adjacent and surrounding land use: Adequate buffer planting or screening
may be required along the boundary between the “Commercial” designation
and any adjacent areas in any residential designation.
4.4.5.6 It is a policy of this Plan to encourage the design, construction and maintenance
of buildings, parking areas, public works and signs in a manner that will
contribute to an attractive, safe and enjoyable environment in accordance with
Subsection 4.2.1 of this Plan.
4.4.5.7 The Zoning By-law shall ensure that developments in the “Commercial”
designation are appropriately set back from the road and be buffered to prevent
adverse land use impacts and to protect adjacent residential, institutional and
open space uses.
4.4.5.8 No open storage of materials shall be permitted in the “Commercial”
designation.
4.4.6 Industrial Designation
4.4.6.1 Permitted uses in the “Industrial” designation include manufacturing,
assembling, processing, warehousing and storage. Bulk fuel facilities, public
utilities, transportation and communication facilities are also permitted.
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4.4.6.2 Buildings, offices and retail activities accessory to the “Industrial” use and an
accessory residence for a caretaker, owner or essential workmen are permitted
provided they are structurally attached to the Industrial land use.
4.4.6.3 The Zoning By-law shall ensure that industrial uses are appropriately set back
from the road and are buffered and/or landscaped to minimize any adverse
impacts on adjacent areas. The Zoning By-law shall also ensure that adequate off-
street loading and parking are provided.
4.4.6.4 Notwithstanding the use of best available abatement technology, industries have
the potential to create off-site nuisances due to noise, odours, vibration and
particulate emissions. Given the foregoing, Council will give due regard to the
guidelines referred to in the Ministry of Environment Conservation and Parks’
“Guideline D-6 Compatibility Between Industrial Facilities”, or its successor
document, when reviewing any industrial development applications in proximity
to sensitive land uses.
4.4.6.5 Industries that create extreme environmental conditions such as high air
pollution, noise, excessive solid waste generation or high liquid waste either in
volume or toxicity will not be permitted.
4.4.6.6 The proposed municipal potable water supply system, method of municipal
sanitary sewage treatment and disposal, solid waste disposal, surface and storm
drainage, taking of water, and any emissions to the environment shall comply
with the policies of this Plan and shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks. All new industrial uses will be required to connect to the municipal
potable water supply and municipal sanitary sewerage systems. Limited
exceptions may be permitted by amendment to this Plan and subject to the
approval of the appropriate approval authority.
4.4.7 Institutional Designation
4.4.7.1 Within the areas designated “Institutional”, the primary use of land shall be for
clinics, places of worship, cemeteries, municipal offices and works yards and
structures, libraries, schools, emergency and transitional housing, provincial or
federal buildings and structures, and utilities.
4.4.7.2 Minor institutional uses include places of worship and schools. Notwithstanding
any other policy of this Plan, small scale minor institutional uses are permitted in
the “Residential” and “Commercial” land use designations, subject to a rezoning.
All other institutional uses will be required to be located in an Institutional
designation and may be subject to rezoning.
4.4.7.3 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.
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4.4.8 Open Space Designation
4.4.8.1 Within the areas designated “Open Space”, the primary use of land shall be for
community parks, conservation areas, fairgrounds, other similar outdoor
recreation areas. Secondary uses such as buildings, structures and parking areas
accessory or complementary to the “Open Space” areas shall also be permitted.
4.4.8.2 Neighbourhood parks and playgrounds serving local needs shall not be included
in the “Open Space” designation but rather in a residential designation. They
may, however, be zoned in an open space category in the Zoning By-law.
4.4.8.3 The Zoning By-law will specify the range of uses permitted in the designated
“Open Space” areas as well as the minimum standards which will apply to
buildings and structures accessory or complementary thereto.
4.4.8.4 Where lands designated as “Open Space” are in private ownership, such
designation does not imply that these lands will remain as open space, nor shall
it be construed as implying that these areas are free and open to the general
public or will be purchased by the Municipality or any other public authority. If a
proposal is made to develop any such lands and the Municipality or the
appropriate public authority does not wish or is unable to purchase the lands in
question for open space purposes, the Municipality may redesignate the said
lands for development purposes.
4.4.8.5 The Municipality will continue to support the development and maintenance of
recreation facilities; the acquisition, beautification, and maintenance of public
open space; and the development of recreation programs insofar as its financial
resources permit.
4.4.8.6 The Municipality will ensure that adequate, safe neighbourhood parks are
provided to serve the areas in any residential designation. A minimum size for a
neighbourhood park may be established in the Zoning By-law.
4.4.8.7 Port Burwell’s sewage treatment plant may periodically generate odours that
could be a source of nuisance to residential and other uses if such uses were
permitted to locate in close proximity to the plant. In order to avoid land use
conflicts and to protect the site from encroachment, the Municipality may not
adopt any amendments to the “Open Space” designation that would permit
odour sensitive uses to locate within 150 metres of the property/lot line of the
sewage treatment works.
4.5 Mobile Home Parks
4.5.1 Consideration of the following factors shall be given in the evaluation of an
amendment to the Zoning By-law for mobile home parks:
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a) All mobile homes are to be contained in a mobile home park development,
which may be established by a Plan of Subdivision pursuant to the Planning
Act;
b) The land shall be accessible to a main road by means of the roads within the
mobile home park;
c) The mobile home park shall be located such that bus or school services are
not unduly affected, and these shall be available to the site;
d) The park must be served by a municipal or communal water supply and
sewage disposal systems, which meet the requirements of and are approved
by the Ministry of the Environment Conservation and Parks, or its delegated
authority as applicable. The methods of and arrangements for ensuring
responsibility for systems operation and maintenance shall satisfy the
Ministry;
e) The maximum density of development will not exceed 20 units per hectare
and the minimum home size shall be 55 square metres;
f) Utilities and services such as hydro, lighting, telephone, roads and sidewalks
shall be provided by the developer. Garbage collection and disposal may be
provided by the developer or by the Municipality;
g) Adequate buffering shall be provided to shield the mobile home park from
neighbouring uses and vice versa;
h) Eight percent of the gross area of the mobile home park shall be designated
as a recreational area. The buffer zone shall not be a part of the recreation
area;
i) Mobile home parks shall as a general rule, be a maximum of 80 units and a
minimum of 20 units in size;
j) For the purposes of this plan, a “mobile home” shall be defined in accordance
with the Planning Act, but does not include any single-detached dwelling that
has been constructed so as to be located on a site other than that which it
has been constructed on.
4.5.2 It shall be the policy of this plan that an applicant who wishes to develop a
mobile home park or expand an existing mobile home park in the Village
designation shall enter into a development agreement with the Municipality
prior to the passing of an amendment to the implementing Zoning By-law. Such
an agreement shall include:
a) Arrangement for buffer planting to effectively screen the proposed
development from other residential, commercial or industrial uses;
b) Installation and maintenance of services;
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c) Control of drainage on and from the property;
d) Control of the specific use to be made of the property and the location of all
facets of the development by a site plan. This site plan shall indicate:
i. The true shape, topography, contours, soil and drainage characteristics,
dimensions, acreage and location of the property to be developed as
well as the extent of adjacent property held for future mobile home
park development;
ii. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 100 metres from the land that is to
be developed for the mobile home park;
iii. The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
iv. All entrances and exits;
v. Design plans for the progressive and ultimate development of
individual mobile home lots, ancillary facilities and internal roads;
vi. Drainage provisions - the method and final grades, by which the mobile
home park shall be adequately drained, certified by a qualified
engineer.
vii. Any other requirements deemed necessary by the Municipality.
4.5.3 Notwithstanding any policies of this Plan to the contrary, the following existing
mobile home parks have been recognized in a Settlement Area designation of
this Plan and shall be appropriately zoned in the Zoning By-law;
a) 33 Pitt Street and 32 Wellington Street, Port Burwell; and,
b) 12 Elizabeth Street, Port Burwell.
4.6 Seasonal Travel Trailer Parks
4.6.1 Seasonal travel trailer parks are permitted in designated “Hamlets” and areas
designated as “Open Space” or “Conservation Lands” in Straffordville, Vienna, or
Port Burwell by an amendment to the Zoning By-law.
4.6.2 It shall be the policy of this Plan that an applicant who wishes to develop or
expand an existing seasonal travel trailer park shall enter into a development
agreement with the Municipality prior to the passing of an amendment to the
Zoning By-law. Such an agreement shall include and ensure that the seasonal
travel trailer park meets the following requirements:
a) The park must be accessible to a main road by means of a service road or
roads within the park;
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b) The park must be served by a municipal or communal water supply and
sewage disposal systems, which meet the requirements of and are approved
by the Ministry of the Environment Conservation and Parks or its delegated
authority as applicable. The methods and arrangements for ensuring
adequate systems operation, maintenance, and responsibility shall satisfy the
Ministry of the Environment Conservation and Parks;
c) The park must be served by utilities and services such as hydro, lighting,
storm drainage, and roads provided by the developer. Garbage collection and
disposal may be provided by the developer or by the Municipality;
d) An adequate buffer zone and buffer planting shall be provided to effectively
screen the proposed development from other residential, commercial or
industrial uses whether existing or proposed;
e) The park must have minimum lot sizes, which are not less than 150 square
metres;
f) The park must be in operation only during the months of April to November;
g) The park must have 5 percent of the gross area designated as a recreational
area. The buffer zone shall not be a part of the recreation area. In addition,
the 5% park land so designated should be consolidated in one location so
that the land set aside for recreation is not dispersed throughout the trailer
park area in a number of small plots;
h) The roads in the park must have a paved or gravel surface and adequate
space must be provided to permit cars with trailers to back onto the lots;
i) The specific use to be made of the property and the location of all facets of
the development must be set out in a site plan. This plan should indicate:
i. The true shape, topography, contours, dimensions, area and location of
the property to be developed as well as the extent of adjacent
property held for future mobile park development;
ii. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 120 metres from the land that is to
be developed for the seasonal travel trailer park;
iii. The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
iv. All entrances and exits;
v. Design plans for the progressive and ultimate development of
individual travel trailer lots, ancillary facilities and internal roads;
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vi. Drainage provisions - the method and final grades, by which the travel
trailer park shall be adequately drained, certified by a qualified
engineer;
vii. The location of any communal wells and subsurface sewage treatment
and disposal systems, both within the proposed development and
within a distance of 120 metres from the land that is to be developed.
j) Any other requirements deemed necessary by the Municipality.
4.6.3 Notwithstanding any policies of this Plan to the contrary, the following existing
Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and
shall be appropriately zoned in the Zoning By-law:
a) 5 Bridge Street, Port Burwell; and,
b) 15 Libbye Avenue, Port Burwell Provincial Park.
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The Natural System is composed of the Municipality’s natural environment, including: wetlands,
woodlands, species and fish habitat, and water. The ecological features and functions of the
Municipality’s Natural System supports overall environmental health and resiliency and
underpins the overall sustainability of the Municipality.
5.1 Composition of the Natural System
The Natural System is composed of:
a) Significant Wetlands;
b) Significant Coastal Wetlands;
c) Significant Woodlands;
d) Significant Valleylands;
e) Areas of Natural and Scientific Interest (ANSI);
f) Significant Wildlife habitat;
g) Fish habitat;
h) Habitat of threatened or endangered species;
i) Surface water; and,
j) Ground water.
5.2 General Policies
The Municipality of Bayham recognizes the importance of the Natural System to the
overall health of the Municipality and the negative social, environmental, and economic
impacts that environmental degradation can have, particularly when coupled with the
impacts of climate change. As such the Municipality will prioritize the protection,
enhancement, and rehabilitation of the Natural System based on the following policies:
a) Council shall encourage the designation and protection of the natural system in
order to increase diversity, connectivity and physical area of the natural heritage land
throughout the Municipality;
5 THE NATURAL SYSTEM
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b) Council shall implement the Natural System policies of this Plan through
participation in provincial and federal programs related to natural heritage
conservation;
c) Council shall circulate all development plans to the appropriate authority for their
review and comments related to any potential natural heritage significance on the
subject lands;
d) The Municipality shall rely on the expertise of the Province in identifying potential
natural heritage features; and,
e) Council may utilize any of the following planning tools to promote or preserve
natural heritage resources in the municipality:
i. conditions of consent and subdivision approval and consequent agreements;
ii. provisions related to site plan control; and,
iii. standards, definitions and regulations in the Municipality’s Zoning By-law
5.3 Identification of the Natural System
5.3.1 Natural System features where found within the Municipality are designated as
such on Schedule “C” to the Plan. The Municipality currently recognizes the
following natural heritage features outlined in Table 1 below:
Table 1: Existing and Recognized Natural Heritage Features
TYPE NAME AREA (HA) DESCRIPTION
Provincially
Significant Life
Science ANSI
Big Otter Creek 647 Located northwest of Eden – an excellent
example of a river valley system with
adjoining uplands and exceptional deciduous
bottomlands within the Norfolk Sand Plain
physiographic region.
Locally
Significant Life
Science ANSI
Little Jerry Creek 130 River valley habitats with natural vegetation
intact located where the Little Jerry Creek
empties in Big Otter Creek near Richmond
Locally
Significant Life
Science ANSI
Iroquois Beach - Located within Port Burwell Provincial Park –
Low lying wet strands vegetated with wet
sedge meadows, marshes and shrub thickets
are separated by drier, sandy meadows on
low ridges.
Provincially
Significant
South Otter Creek
Provincially
Significant Wetland
185.4 Located southeast of Straffordville along
headwaters of the South Otter Creek - made
up of 10 individual wetlands, composed of
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TYPE NAME AREA (HA) DESCRIPTION
Wetlands Complex one wetland type (100% swamp). Located
south of Lamers Line along banks of the
South Otter Creek.
Locally
Significant
Woodlands
Eden Woods 92.7 Located northwest of Eden along
headwaters of the Big Otter Creek –
consisting of a gently rolling well drained
sand plain, with dissected stream valleys and
pond. Upland valley slope, crest mixed
forests, valley bottom, pond swamp thicket,
marsh and aquatics. Exhibits southern and
Carolinian biota, with regionally significant
flora
Locally
Significant
Woodlands
Bayham Swamp
Forest
54
Locally
Significant
Woodlands
Bayham Townline
Woods
424 Located along the banks of the South Otter
Creek between Jackson Line and Tunnel Line
- This site is typified by gently rolling sand
plain terrain with frequent wet depressions
and basins. An incised stream valley passes
southeastwards through the site. The moist
depressions and basins throughout the site
generally support seasonal swamps, but very
locally there are perennial swamp and marsh
communities.
Locally
Significant
Woodlands
Buxbaumia Woods 48 Located in an upland area loosely bounded
by Coyle Road, Vincent Line, County Road 55
and Heritage Line – This site includes sand
plain and ridge forests on a moraine
landform created by a former glacial lake.
The combination of the beach deposits and
the moraine make this area regionally
significant. Both features are significant
separately as these deposits are not
common in Elgin County.
Locally
Significant
Woodlands
Goldie’s Fern
Woods
45 Located southeast of Vienna and bounded
by two deeply incised ravines that empty
into the South Otter Creek – This site
exhibits good examples of sand plain
deciduous forests with a rich fern ground
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TYPE NAME AREA (HA) DESCRIPTION
layer.
Locally
Significant
Woodlands
Little Jerry and Big
Otter Creek
Complex
733 Located along 4km of the valley of Little
Jerry Creek above its confluence with Big
Otter Creek, and about 13 km of the valley
of Big Otter Creek below the Big Otter Creek
ANSI, The site contains good examples of
incised valley forests of the Carolinian zone
Locally
Significant
Woodlands
Little Otter Creek
Valley Complex
1105 Located all along the Little Otter Creek Valley
and forming a complex which forms a more
or less continuous wooded valley for about
18 km, as well as a number of incised
tributary ravines and adjacent upland.
The vegetation communities of the incised
valleys are some of the best examples in
Elgin County.
Locally
Significant
Woodlands
Straffordville
Woods
336 Located southeast of Straffordville - The site
contains good examples of typical rich
upland sandy deciduous forests of the
Norfolk Sand Plain.
Locally
Significant
Woodlands
Vienna Pawpaw
Stand
12.1 Cluster of pawpaw trees found along the Big
Otter Creek floodplain. Represents the only
stand of pawpaw trees found in Elgin County
Locally
Significant
Woodlands
Vienna Woods - A small wooded area just west of the Village
of Vienna supporting varied vegetation
communities
5.3.2 It is recognized that the mapping of the Natural System in this Plan is
approximate, and the policies of this section apply to all Natural System
components regardless of whether they are identified on the schedules of this
Plan or on Table 1 above. Changes to the limit or the significance classification of
individual components of the Natural System may be considered through the
findings of a sub-watershed study or environmental impact statement completed
to the satisfaction of the Municipality. If a change to the limit or classification of a
component of the Natural System has been demonstrated to be appropriate the
revised limit or classification shall prevail, and no amendment to this Plan shall
be required.
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5.4 Watershed Planning
It is recognized the watershed is the ecologically meaningful scale for integrated and
long-term planning and is a foundation for considering cumulative impacts of
development. The basis for conducting planning at the watershed scale is through the
preparation of a sub-watershed study, a technical report which provides comprehensive
analysis of how surface water, groundwater, terrestrial, and aquatic ecosystems function
in a sub-watershed, and recommends how land use can take place in a manner that
protects and enhances the environmental health of the sub-watershed. To that end,
where sub-watershed studies pertaining to the Municipality of Bayham are undertaken
by the County, the Municipality will utilize these studies to develop a more detailed
understanding and approach to planning within each sub-watershed. Where these
studies exist, they shall form the basis for planning in the Natural System. Further, where
an environmental impact statement is prepared in support of a development application
it shall consider the sub-watershed implications of the proposed development.
5.5 Significance & the Natural System
Designating certain components of the Natural System as ‘significant’ affords these
features greater protection under provincial policy. In the absence of a sub-watershed
study or environmental impact statement, all lands identified as being part of the
Municipality’s Natural System on Schedule “C” are assumed to be significant under
provincial policy until their significance is confirmed through either a sub-watershed
study or environmental impact statement. If the significance of a part of the Natural
System is called into in question, it is the sole responsibility of the development
proponent to demonstrate otherwise. For development applications for which the
County of Elgin is the approval authority, the ultimate determination of significance will
rest with the County. For development applications for which the Municipality is the
approval authority, the ultimate determination of significance will rest with the
Municipality.
5.6 Permitted Uses
5.6.1 Areas designated Natural System are to be maintained in their natural and
undisturbed state and development and site alteration shall only be permitted
subject to the other policies of this Plan. Notwithstanding the above the
following uses shall be permitted in the Natural System:
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a) Forestry uses;
b) Conservation uses;
c) Passive recreational uses (such as recreational trails);
d) Animal sanctuaries;
e) Angling and hunting operations;
f) Environmental research and education uses; and
g) Agricultural uses, without buildings or structures.
5.6.2 Other uses may be permitted on a site-by-site basis, subject to policies below
and the other policies and land use designations of this Plan.
5.6.3 Nothing in this Plan is intended to limit the ability of existing agricultural uses to
continue, normal farm practices to be undertaken in or adjacent to significant
woodlands, or to prohibit the harvest of woodlands products in a manner that is
sustainable and in accordance with any applicable by-laws.
5.7 Development In & Adjacent to Significant Wetlands
Development and site alteration in significant wetlands is prohibited and is regulated by
conservation authorities under the Conservation Authorities Act, with specific regard to
interference with their hydrogeological function. Development proposed within 30
metres of a significant wetland shall only be permitted subject to demonstrating,
through an environmental impact statement, that there will be no negative impacts on
the significant wetland’s ecological features and functions, and a demonstration that the
regulatory/permitting requirements of the conservation authority having jurisdiction can
be met.
5.8 Development In & Adjacent to Other Natural System Features
5.8.1 Development and site alteration in significant woodlands, significant valleylands,
ANSI, and significant wildlife habitat, shall be prohibited unless it can be
demonstrated that:
a) There is an appropriate rationale demonstrating why development should be
located within the feature; or
b) There is no feasible way to avoid development within the feature; and
c) The proposed development will have no negative impacts on the site’s
ecological features and functions.
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5.8.2 Development proposed within 120 metres of a noted Natural System feature
shall only be permitted subject to demonstrating, through an environmental
impact statement, that there will be no negative impacts on the Natural System’s
ecological features and functions.
5.9 Destruction & Alteration of the Natural System
Destruction and/or alteration of the Natural System through the development process is
generally prohibited and only permitted in accordance with:
a) a Planning Act approval;
b) a permit issued under the County of Elgin’s Tree Conservation By-law;
c) a permit issued under the Conservation Authorities Act; or
d) another relevant provincial or federal approval.
Where destruction of a component of the Natural System will occur as a result of an
approval or permit issued by a planning authority, or has occurred without a required
permission, development proponents will be required, through the conditions of a
Planning Act approval, to restore the feature or provide compensatory restoration of
equal or greater ecological value within the same sub-watershed.
5.10 Development in Fish Habitat & the Habitat of Threatened or Endangered
Species
5.10.1 Development and site alteration within fish habitat or the habitat of threatened
or endangered species will only be permitted in accordance with provincial
and/or federal requirements. No planning approvals will be granted in either
habitat until the Municipality:
a) has reasonable confirmation that development can proceed in accordance
with provincial and/or federal requirements; and
b) that any required development and mitigation measures can be adequately
conditioned as part of an approval (i.e. through either the conditions of a
decision, legal agreement, etc.).
5.10.2 Where the habitat of threatened or endangered species is suspected or known,
applicants shall be required to conduct a species at risk assessment prior to any
development approvals being granted and any required mitigation measures. No
development or site alteration shall be permitted until the applicant has provided
the necessary documentation to the Ministry of Natural Resources.
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5.11 Development & Surface Water Features
5.11.1 Surface water features refer to water-related features on the earth’s surface,
including headwaters, rivers, stream channels, inland lakes, seepage areas,
recharge/discharge areas, springs, wetlands, and associated riparian lands that
can be defined by their soil moisture, soil type, vegetation, or topographic
characteristics. While not necessarily mapped in this Plan, surface water features
in the Municipality are considered environmentally significant as they provide
important drainage functions, species habitat, and have a direct impact on the
overall environmental health of the Municipality. As such, it is the intent of this
Plan to protect all sensitive surface water features from incompatible
development. To that end:
a) Development and site alteration shall be restricted on or near sensitive
surface water features as recommended in any relevant sub-watershed study,
environmental impact statement, or as detailed in the relevant source water
protection plan (see Subsection 6.5 for further information), such that these
features and their related hydrologic functions including water quality and
quantity will be protected, improved, or restored; and
b) Mitigative measures and/or alternative development approaches may be
required to protect, improve, or restore sensitive surface water features, and
their hydrologic functions including water quality and quantity and shall be
implemented through the development approvals process.
5.12 Development & Ground Water Features
5.12.1 Ground water features refer to water-related features below the earth’s surface,
including recharge/discharge areas, water tables, aquifers, and unsaturated
zones that can be defined by surface and subsurface hydrogeologic
investigations. Ground water features in the Municipality are considered
environmentally significant, and will be protected, as they provide drinking water,
important drainage functions, and have a direct impact on the overall
environmental health of the Municipality. Additionally certain groundwater
features are considered sensitive, such as highly vulnerable aquifers and
significant groundwater recharge areas as illustrated on Schedule “C” of this
Plan. These features shall be protected from incompatible development, and to
that end:
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a) Development and site alteration shall be restricted in or near sensitive
ground water features as recommended in any relevant sub-watershed study,
hydrogeological assessment, or as detailed in the relevant source water
protection plan (see Subsection 6.5 for further information), such that these
features and their related hydrologic functions will be protected, improved,
or restored;
b) Development that proposes to use ground water as a drinking water source
may be required to demonstrate, through a hydrogeological assessment and
cumulative groundwater impact assessment, prior to any approval, that there
will be no negative impacts to ground water quality and quantity for other
uses that draw their drinking water from the same ground water source;
c) Development that proposes to use on-site septic systems for sewage
treatment may be required to demonstrate, through a geotechnical
assessment, prior to any approval, that the proposed system(s) will not
negatively impact ground water quality for other uses that draw their
drinking water from the same ground water source; and,
d) Mitigative measures and/or alternative development approaches may be
required to protect, improve, or restore sensitive ground water features, and
their hydrologic functions and shall be implemented through the
development approvals process.
5.12.2 The need for a hydrogeological study, cumulative groundwater impact
assessment, geotechnical report, or any other report or plan required to
demonstrate suitability of development will be determined by the relevant
approval authority in consultation with the Province.
5.13 Increasing Forest Coverage
The Municipality recognizes the critical role that woodlands play in maintaining
ecological balance, mitigating the impacts climate change, and sustaining biodiversity
within the Municipality of Bayham’s watersheds. As such, it is policy of this Plan to
contribute towards the County of Elgin’s forest coverage target of 30% by 2044. In
accordance with the County of Elgin Official Plan, the Municipality will work towards
achieving this target based on the following policies:
a) Requiring development proponents to demonstrate how their development proposal
will assist in achieving the County’s forest coverage target where there is an existing
woodland on-site;
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b) Encouraging development proponents to incorporate naturalized woodlands into
development proposals where on-site woodlands have been previously cleared; and,
c) Working with the County, Indigenous nations, public/private organizations and
intuitions, and industry to encourage and supporting tree planting on public and
private lands.
5.14 Land Division & the Natural System
It is recognized that the protection and management of the Natural System is more
effectively accomplished when natural features and areas are managed and/or owned
contiguously. As such, applications for all forms of land division shall demonstrate regard
for the effective management and stewardship of the Natural System and will minimize
subdivision of the Natural System to the furthest extent feasible, balancing the need for
the orderly and efficient development of land. Applications for land division to facilitate
the protection of the Natural System by a public body, conservation organization, or land
trust will be permitted and generally supported, subject to the other policies of this Plan.
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The Municipality’s transportation system is composed of trails, local and county roads, a
provincial highway, railways, and a marine port. These corridors and facilities are critical to the
Municipality’s economy, public health and safety, and the day-to-day needs of residents and
visitors. Infrastructure systems primarily relate to water, wastewater, and stormwater
management systems, but also include waste management, and power generation facilities.
These systems comprise the backbone of both urban and rural development in the Municipality.
6.1 Composition of the Transportation & Infrastructure System
The Transportation and Infrastructure System is composed of:
a) Provincial Highways;
b) County Roads;
c) Local Roads;
d) Pedestrian and Cycling Trails;
e) Municipal Drinking Water Systems;
f) Municipal Sanitary Sewage Systems;
g) Stormwater Management & Drainage Systems;
h) Sourcewater Protection Areas;
i) Railways;
j) Marine Ports;
k) Waste Management Operations;
l) Telecommunications Facilities;
m) Energy Generation Facilities; and,
n) Linear Infrastructure Corridors (e.g. pipelines, electricity transmission corridors, etc.).
6.2 Transportation & Infrastructure Permitted Uses
Public service facilities, transportation infrastructure, and all other forms of
infrastructure are permitted in all land use designations, with the general exception of
areas forming the Natural System or designated Hazardous Lands, and subject to any
regulatory requirements such as the provisions of the Endangered Species Act, etc.
6 TRANSPORTATION &
INFRASTRUCTURE SYSTEMS
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6.3 Transportation Systems
6.3.1 Road Classifications
Roads in the Municipality shall be classified into a hierarchy on the basis of
jurisdiction, function, user characteristics, speed and interconnections. The
classification of roads and the existing and proposed road system is shown on all
Schedules and Appendices of this Plan, and are identified as follows:
Provincial Highways - Provincial Highways are designed to provide a traffic
moving function and are not intended to service adjacent lands. Provincial
Highways typically service high volumes of traffic at high speeds.
County Roads – County Roads are designed to provide a range of traffic volumes
for moving people and goods throughout the County of Elgin and to adjacent
municipalities.
Collector Roads – Collector Roads are Municipally-owned roads which are
intended to provide both access to abutting properties and traffic movement
between local roads, other collector roads, and the arterial road system.
Collector Roads are listed in Table 2.
Local Roads – Local Roads are Municipally-owned roads which are intended to
provide access to abutting properties, to serve destinations as opposed to
through traffic, and to act as feeders to the arterial road system.
Private Roads - Private Roads are lanes, driveways, roads, or rights-of-way
maintained by private individuals or bodies. It is the policy of this Plan to limit
new development on private roads. The creation of a new lot for any purpose on
a private road outside of a plan of condominium is not permitted, unless
specifically permitted in this Plan.
6.3.2 Right-of-Way Widths
The required right-of-way width (or road allowance) of a road or highway shall be
determined by the authority having jurisdiction.
New roads and re-constructed roads under the Municipality’s jurisdiction shall be
developed to comply with the following standards:
Collector Roads shall have a right-of-way width of between 20 metres and 26
metres.
Local Roads shall have a right-of-way width of 20 metres, with site-specific
consideration of no less than 15 metres for cul-de-sacs or short streets
Land dedications for roads and/or road widening purposes shall be dedicated to
the authority having jurisdiction at no expense. Where ranges of a standard are
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provided, it shall be at the sole discretion of the Municipality to determine the
appropriate standard. Deviations from these standards may be considered when:
a) the location of an identified cultural heritage resource limits design options;
and/or
b) the presence of a natural system feature or mature trees limits design
options.
The right-of-way width for any public road may allow for the placement of travel
lanes, turning lanes, utilities, infrastructure, high occupancy vehicle lanes,
sidewalks, paths, bicycle lanes, medians, streetscaping and landscaped
boulevards, where appropriate.
6.3.2.1 Daylighting Triangles
In addition to the road right-of-way width in Subsection 6.3.2, the authority
having jurisdiction may, without the need for an amendment to this Plan, require
the dedication of lands to be used for ‘daylight triangles’, to provide sufficient
sight distances and turning lanes to provide safe and appropriate access where
major traffic generators intersect. Where additional land is required for
intersection improvements, such land shall be dedicated to the authority having
jurisdiction at no expense.
6.3.2.2 Exceptions
Notwithstanding Subsection 6.3.2, the Municipality recognizes that the
reconstruction of roads to approved minimum standards in some existing
developed areas may not be appropriate from a community design perspective
or may not be economically or physically feasible. Any attempt to reconstruct
such roads to minimize deficiencies shall only be undertaken after a study to
determine a right-of-way which will result in a streetscape which minimizes
impacts on abutting properties and is appropriate to the character of the area,
while serving anticipated traffic volumes. No amendment to the Plan shall be
required to implement such a modification to the right-of-way.
6.3.2.3 Dedication of Road Widening
As a condition of a development approval, land for road widenings shall be
conveyed at no expense to the authority having jurisdiction in accordance with
the provisions of the Planning Act. As a general principle, required road
widenings will be taken equally from both sides of the right-of-way. Unequal road
widenings may be considered by the Municipality where the area is affected by a
topographic feature which is difficult to overcome or costly to develop for road
purposes.
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Table 2: Municipality of Bayham Collector Roads
ROAD NAME (VILLAGE/HAMLET, if applicable) FROM TO
Centre Street (Vienna) Vienna Line Fulton Street
Fulton Street (Vienna) Centre Street South Union Street
Libbye Avenue (Port Burwell) Addison Street Chatham Street
Wellington Street (Port Burwell) Victoria Street McCord Lane /
Lakeshore Line
Lakeshore Line (Port Burwell) McCord Lane /
Wellington Street
Eastern Settlement
Boundary
Eden Line (Eden) Plank Road Eden Settlement
Boundary eastern
limit
Best Line (Corinth) Western Settlement
Boundary
Eastern Settlement
Boundary
Bayham-Norfolk Boundary Road Plank Road Eden Line
Coyle Road Bayham-Norfolk
Boundary Road
Bayham-Norfolk
Boundary Road /
Eden Line
Bayham-Norfolk Boundary Road Coyle Road Heritage Line
Carson Line Talbot Line Plank Road
Green Line Pressey Road (north
Bayham limit)
Talbot Line
Pressey Road Springer Hill Road
(west Bayham limit)
Bayham Drive (east
Bayham limit)
Best Line Corinth Settlement
Boundary
Talbot Line
Best Line Springer Hill Road Corinth Settlement
Boundary
Springerhill Road Pressey Road (north
Bayham limit)
Heritage Line
Maple Grove Line Heritage Line Plank Road
Light Line Plank Road Elgin County Road 55
(east Bayham limit)
Vienna Line Centre Street Richmond Road /
County Road 43 (west
Bayham limit)
Lakeshore Line Port Burwell
Settlement Boundary
Clarke Road
Tunnel Line Plank Road Elgin County Road 55
(east Bayham limit)
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6.3.3 Unopened Road Allowances
The location of existing unopened road allowances are indicated on all Schedules
and Appendices of this Plan, to prevent possible encroachment from future
development. Actual alignment of these new roads or streets will be established
at the time of survey. An amendment to this Plan will not be considered
necessary to close an existing road allowance where considered desirable to do
so by Council, or alternatively to establish a new road allowance.
6.3.4 Municipal Class Environmental Assessments
It is the policy of this Plan that a Municipal Class Environmental Assessment (EA)
for any Municipal road widening or extension project shall address whether
there are other transportation alternatives, and how the project would
implement the transportation goals, objectives, and policies of this Plan.
6.3.5 Impacts on Cultural Heritage Resources
In the case of extensions to roads and other necessary road improvements in
general, including realignment and road widening, consideration will be given to
the impact of such extensions or improvements on cultural heritage resources,
especially on the character of streetscapes and major crossroads or intersections.
6.3.6 Plan of Subdivision
New roads created as a result of a plan of subdivision shall be constructed to the
standards of the Municipality prior to assumption by the Municipality. Where
new roads intersect Provincial Highways or County Roads, standards of
construction at these intersections shall be subject to the approval of Ministry of
Transportation (MTO) or the County.
6.3.7 Provincial Highways
In addition to all the applicable municipal requirements, all proposed
development located adjacent to and in the vicinity of a provincial highway
within MTO’s Permit Control Area under the Provincial Transportation and
Highway Improvement Act are subject to MTO approval. Any new areas in the
Municipality identified for future development that are located adjacent to, or in
the vicinity of, a provincial highway or interchange / intersection within MTO’s
Permit Control Area will be subject to MTO policies, standards, and
requirements. Direct access to a provincial highway is normally discouraged or
prohibited and is only permitted at the sole discretion of the MTO. While
provincial highways are delineated in this Plan, the reader should refer to the
MTO’s Corridor Management Office to determine the extent of the MTO’s permit
control area and to assess any restrictions, or requirements for development
within the permit control area.
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6.3.8 Road Closure
Council may stop-up and close existing Local roads and/or road related facilities,
subject to the provisions of the Municipal Act, without the need to amend this
Plan.
6.3.9 Traffic Calming and Controlling Measures
The Municipality may investigate traffic calming measures to be implemented in
certain locations within the Municipality and/ or as a requirement of a
development approval to promote pedestrian safety and mitigate negative
effects of automobile traffic. Traffic calming features may be permitted subject to
an evaluation by the Municipality of functional, operational, servicing, and
financial issues associated with their use and will be installed at the sole
discretion of Council.
6.3.10 Pedestrian & Cycling Routes & Facilities
The Municipality encourages the development and enhancement of
interconnected systems of cycling and walking routes providing access to major
activity and employment areas and to future public transit. To plan for, and
encourage walking and cycling, the Municipality may:
a) consider the provision of safe and convenient cycling and walking routes in
the review of all development applications;
b) require the provision of sidewalks for pedestrian movement in settlement
areas, where appropriate;
c) coordinate the installation of sidewalks on both sides of local roads within
settlement areas;
d) investigate and provide for cycling lanes wherever possible in the
construction or reconstruction of roads and bridges;
e) encourage and support measures which will provide for barrier-free design of
pedestrian facilities;
f) ensure that lands for bicycle/pedestrian paths are included with the land
requirements for roads;
g) ensure that the rights and privacy of adjacent property owners are factored
into the design process for pedestrian and cycling routes; and,
h) ensure that all pedestrian and cycling routes are designed to be safe; and,
6.3.11 Marine Ports
It is the policy of this Plan to support and encourage the establishment of a
marina on Lake Erie at the mouth of Big Otter Creek.
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6.3.12 Railways
The railways that traverse the Municipality are recognized as important economic
and transportation corridors and land use controls will be used to protect these
corridors. Where the Municipality is the approval authority, the Municipality will
consult with railway authorities when sensitive land uses are proposed in
proximity to active rail corridors.
6.3.12.1 Operations & Land Use Compatibility
To protect these railway corridors from incompatible uses, and to ensure new
development is designed in a manner that protects safety and mitigates potential
nuisance from rail operations. Development proposed within the Municipality
shall be generally required to conform to the national guidelines for new
development in proximity to railway operations. Alternative approaches /
guidance may be considered in certain circumstances dependant on:
a) The use(s) being proposed;
b) Completion of relevant studies and analyses that demonstrate alternative
approaches are appropriate; and,
c) Implementation of appropriate alternative safety measures.
All of which shall be to the satisfaction of the Municipality and relevant railway
operator. Proponents of development within 300 metres of an active railway
right-of- way are encouraged to consult with the appropriate railway company
prior to filing formal development applications.
6.3.13.2 Railway Setbacks & Influence Areas
All proposed development adjacent to railways shall ensure that appropriate
safety measures such as setbacks, berms, and security fencing are provided, to
the satisfaction of the Municipality in consultation with the appropriate railway.
Minimum recommended building setbacks for new sensitive land uses in
proximity to railway operations, based on national guidelines, shall be
incorporated into the Zoning By-law to ensure that the entirety of the
Municipality’s railway rights-of-way are protected for potential rail expansion.
The following studies shall be required for development in proximity to railway
rights-of-way and prepared to the satisfaction of the Municipality and the
appropriate railway operator with recommended measures implemented
through development approvals:
a) A vibration study will be required where sensitive land uses are proposed
within 75 metres of a railway right-of-way; and,
b) Noise studies shall be required for development within:
i. 1,000 metres of a freight rail yard;
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ii. 500 metres of a principal main railway line;
iii. 250 metres of a secondary main railway line;
iv. 150 metres of a principal branch line; and,
v. 100 metres of a secondary branch line or spur line.
6.3.13.3 Individual Railway Operator Requirements
It is recognized that each railway operator with facilities and operations has their
own respective requirements. It is the general policy of the Municipality to
generally defer to, and implement the requirements of each rail authority with
respect to matters such as:
a) the construction and maintenance of safety berms and fencing and other
mitigation measures; and
b) requirements for notices on title, warning clauses, and/or environmental
easements.
In some cases, a railway operator may request grade separation between the rail
corridor and a local or county road, or provincial highway as a condition of a
development approval. The need for grade separation as a condition of approval
shall be determined by the relevant road authority in consultation with the
Municipality, County, the relevant railway operator, and Transport Canada as the
case may be.
6.4 Water, Sewage and Stormwater Systems
6.4.1 Water & Sewage Servicing Hierarchy
Provincial policy establishes a hierarchy of water and wastewater servicing. The
hierarchy of sewage and water services to accommodate growth within the
Municipality’s settlement areas shall be evaluated based on this hierarchy as
detailed below in order of preference:
a) Full municipal services – development connected to both a municipal water
service and municipal sewage service.
b) Communal services – development connected to a private communal water
system and private communal sewage system.
c) Individual services – development connected to a private individual on-site
water system and private individual on-site sewage disposal system.
d) Partial services – development connected to a municipal water service and
private sewage system, or connected to a municipal sewage service and
private water system.
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6.4.2 Servicing in Settlement Areas & the Rural Area
In accordance with the provincial water and wastewater servicing hierarchy
established in Subsection 6.4.1, new development in the Municipality will be
serviced in accordance with applicable provincial and/or municipal standards as
follows:
a) In Tier I Settlement Areas – all new development shall proceed on the basis
of full municipal services, except in cases of minor infilling of existing
developed areas where private or partial servicing may be considered.
b) In Tier II and Tier III Settlement Areas – all new development shall proceed
on the basis of the servicing hierarchy established in Subsection 6.4.1 and as
follows:
i. Development in the Village of Straffordville and the Hamlet of Eden
shall require proof of potable water by the Municipality.
ii. Development in the Hamlet of Eden shall require a connection to the
existing municipal sewage system unless it can be demonstrated to the
satisfaction of the Municipality that such connection is not feasible.
c) In the Rural Area – development is anticipated to proceed on the basis of
private communal or private individual on-site servicing.
Table 3 below provides an overview of the existing and proposed servicing
arrangement for each of the Settlement Areas in the Municipality:
Table 3: Settlement Areas - Existing and Proposed Servicing
SETTLEMENT AREA EXISTING SERVICING PROPOSED SERVICING
Village of Vienna Full Municipal Services To remain as existing.
Village of Port Burwell Full Municipal Services To remain as existing.
Village of Straffordville Partial Services
(Municipal Sewage, Individual Water) To remain as existing.
Hamlet of Eden Partial Services
(Individual / Municipal Sewage, Individual Water) To remain as existing.
Hamlet of Richmond Partial Services
(Individual / Municipal Water, Individual Sewage) To remain as existing.
Hamlet of Corinth Individual Services To remain as existing.
Hamlet of Calton Individual Services To remain as existing.
Hamlet of North Hall Individual Services To remain as existing.
6.4.3 Allocation and Phasing of Servicing
As part of the implementation of the servicing hierarchy provided in Subsection
6.4.1 and in order to ensure that servicing is provided in a manner that is
integrated with the planning process, is sustainable, feasible and financially
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viable over their life cycle, and protects human health and the environment, the
following shall be the policy of the Municipality:
a) The timing of development shall be based on the management of the
geographic sequence and balance such that:
i. there is a logical extension of Municipal services that avoids, where
possible, large undeveloped tracts of land between the existing urban
development areas and the proposed development;
ii. a compact form and pattern of development is maintained;
iii. impacts to the Natural System and watercourses have been considered
and have been adequately mitigated or eliminated;
iv. the provision of all Municipal services, as appropriate, proceeds in an
economically viable manner; and
v. first priority is given to reserving servicing capacity for employment
lands, affordable housing, infilling, intensification and redevelopment.
b) When allocated servicing capacity does not exist for a proposed
development, the Municipality may consider the application premature and
defer final approval until capacity is available, or until a servicing agreement
in the form of a prepayment or front ending agreement is in place prior to
the entering into the subdivision agreement to ensure that such capacity will
be available to service the development within three years of the granting of
the planning approval. Where a subdivision is draft approved, a Holding
provision will be applied in the Zoning By-law, which shall not be removed
unless or until actual servicing capacity for both water and sewers will be
available to the site in time for the completion of housing units for
occupation. Prior to the removal of the Holding provision, the applicant must
sign the required subdivision or site plan agreement;
c) Draft approved plans of subdivision may only proceed to registration if
sufficient servicing capacity continues to exist or if a servicing agreement is in
place. Allocation for draft approved plans of subdivision shall be limited to a
maximum of five years, or limited to a time period determined by the
Municipality by by-law from time to time, in order to ensure reserve capacity
is efficiently and effectively used;
d) When the capacity of the Municipality’s water and sewage facilities has been
fully allocated and prior to the facilities reaching their hydraulic capacity,
draft approval of plans of subdivision shall not be granted unless the
Municipality demonstrates a commitment to the expansion of the facilities.
This commitment should be demonstrated through the completion and
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approval of any required environmental approvals for the expansion of the
municipal system; and,
e) When conditions of development approval, draft plan approval or otherwise,
are not fulfilled within the reasonable time period for which development
approval has been granted, the Municipality may not support the extension
of development approval and may assign the servicing allocation to other
developments or areas of the Municipality, or hold the capacity in reserve.
6.4.4 Monitoring of Servicing Capacity
6.4.4.1 The Municipality shall establish a monitoring program for municipal and/or
private systems including the monitoring of reserve capacity in municipal systems
and monitoring of impacts on groundwater. The monitoring of servicing capacity
is intended to identify the availability of required municipal water and sewage
services for existing and future development. Development approvals shall be
restricted on the basis of design capacity limitations.
6.4.4.2 The monitoring of water and sewer servicing capacity in Tier I, II, and II
Settlement Areas may be included in:
a) Annual briefings or status reports;
b) Annual reports, such as reports prepared for capital and/or operational
budgeting processes; and,
c) Provincial performance measures reporting.
6.4.5 Full Municipal Services
6.4.5.1 For new development proposed to be connected to municipal water and/or
sanitary sewage services, no lot creation by the County shall be granted until the
Municipality has confirmed that there is sufficient uncommitted reserve capacity
in the system to accommodate the proposed development. In cases where
development is proposed in response to the planned/proposed establishment or
expansion of municipal servicing, lot creation on a conditional basis, may be
considered when:
a) an Environmental Assessment Act approval has been given for the facilities;
and,
b) the facilities are completed or near completion, prior to the commencement
of construction of the development.
6.4.5.2 Notwithstanding Subsection 6.4.5.1, it is recognized that in certain circumstances
the construction of municipal servicing may be dependent on development being
approved concurrently, in which case, the Municipality must have reasonable
assurances in place that the proposed development will be fully coordinated with
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the installation of servicing, and that sufficient protections are in place to prevent
premature development or occupancy of the proposed development.
6.4.5.3 Where development in a Settlement Area is not proposed to be connected to full
municipal services, a servicing options study or brief containing a servicing
options analysis based on the hierarchy of servicing established in Subsection
6.4.1 is generally required. The study or brief shall examine all forms of servicing
and recommend a preferred servicing option that is suitable for the long-term
provision of the service or services, and complies with the other policies of this
Plan, particularly the policies of Subsections 5.12 and 6.5. In undertaking any
required servicing options study or brief, the level of detail should correspond
with the scale and intensity of the proposed use. It shall be at the general
discretion of the Municipality, in consultation with the County of Elgin, to
determine the need for the study or brief, its scope, and the preferred servicing
option based on the policies of this Plan.
6.4.6 Communal Servicing
For new development proposed to be connected to communal sewage services,
where municipal ownership of the communal service or services is not proposed,
the applicant and the Municipality will be required, in accordance with the
requirements of the Province, to enter into a municipal responsibility agreement
whereby the Municipality accepts ownership of the communal service in the
event of default by the private owner.
6.4.7 Individual Services
6.4.7.1 In settlement areas or portions of settlement areas serviced by individual on-site
sewage services and individual on-site water services as identified in Table 3
above, growth will be limited to infill development of a size and scale that
complies with the requirements of the implementing Zoning By-law and does not
threaten the environment, human health and safety.
6.4.7.2 Any development outside of the designated Hamlets and Villages will be serviced
by individual on-site sewage services and individual on-site water services, unless
any such municipal sewage services or municipal water services are required for
public health and safety reasons.
6.4.7.3 For new development proposed to be connected to private water and/or sanitary
sewage services, confirmation that on-site conditions, including lot size, are
suitable for the long-term provision of such services, with no negative impacts, is
generally required. In undertaking any assessment or analysis of on-site
conditions, the level of detail should correspond with the scale and intensity of
the proposed use. It shall be at the general discretion of the Municipality, in
consultation with the County, to determine the need for any analysis and its
scope based on the policies of this Plan
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6.4.8 Partial Servicing
6.4.8.1 In accordance with provincial policy, partial services are only permitted:
a) where they are necessary to address failed individual on-site water and
sewage services in existing development; or
b) Within settlement areas to allow for infilling and minor rounding out of
existing development, provided that site conditions are suitable for the long-
term provision of such services with no negative impacts; or
c) within a Tier II or Tier III Settlement Area where new development will be
serviced by individual on-site water services in combination with municipal
sewage services or private communal sewage services; or
d) within the Hamlet of Richmond where new development may be serviced by
municipal water in combination with individual on-site sewage services.
6.4.8.2 The Municipality will endeavour to extend municipal water and/or sanitary
sewage 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 policies of Section 6.4 of this Plan, however,
nothing in this Plan shall be construed as a public commitment to extend
municipal water and/or sanitary sewage services to partially serviced areas
during the time framework of this Plan.
6.4.9 Stormwater Management & Drainage Systems
6.4.9.1 Stormwater management and drainage systems includes the Municipality’s
network of storm sewers, drainage swales, municipal drains, retention ponds,
and erosion control measures. These components work together to mitigate
flood risks, protect water quality, enhance resilience, and are important
components to the creation of sustainable and resilient development.
Stormwater management and drainage systems in the Municipality shall:
a) be integrated with planning for sewage and water services and ensure that
systems are optimized, feasible, and financially viable over the long term;
b) minimize, or, where possible, prevent increases in contaminant loads;
c) minimize erosion and changes in water balance, and prepare for the impacts
of climate change through the effective management of stormwater,
including the use of green infrastructure;
d) mitigate risks to human health, safety, property, and the environment;
e) maximize the extent and function of vegetative and previous surfaces;
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f) promote best practices, including stormwater attenuation and re-use, water
conservation and efficiency, and low impact development; and
g) align with any comprehensive municipal plans for stormwater management
that consider cumulative impacts of stormwater from development on a
watershed scale.
6.4.9.2 In order to achieve no overall increase in the peak level and volume of
stormwater runoff, all new development will be required to provide suitable site
grading and outlet facilities for storm drainage. The Municipality may require
applications for development or re-development to include a stormwater
management plan prepared by a qualified professional, in accordance with the
policies of this Section and other applicable policies of this Plan, to the
satisfaction of the Municipality. Where applicable, a stormwater management
plan may also be required in accordance with the requirements of the
Conservation Authority.
6.4.9.3 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, however,
nothing in this Plan shall be construed as a public commitment to provide such
services.
6.5 Source Water Protection
6.5.1 The Clean Water Act mandates the creation and maintenance of regional source
water protection plans. These plans are administered by conservation authorities
and are intended to ensure the protection of municipal drinking water sources,
whether they originate from groundwater or from Lake Erie, through a
multipronged approach including education and training, public awareness, and
the regulation and permitting of development. In no case shall the Municipality
grant any approval in contravention of an applicable source water protection
plan, or implementing policies or regulations contained within this Plan and
Zoning By-law.
6.5.2 The Long Point Region Source Protection Plan contains the policies for the
protection of municipal drinking water sources within the Municipality. The
policies of this Plan implement and complement the policies of the Source
Protection Plans that apply within the Municipality.
6.5.3 The identified vulnerable areas within Bayham include the Wellhead Protection
Area (WHPA) surrounding the Hamlet of Richmond wellhead. This WHPA is
identified on Schedule “D” 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.
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6.5.4 The WHPA 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.
6.5.5 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 “D” to this Plan,
including:
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 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.
6.5.6 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; and,
h) An activity that reduces the recharge of an aquifer.
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6.5.7 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 may be either prohibited or
regulated by the Long Point Region Source Protection Plan
6.5.8 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.
6.6 Energy Systems
6.6.1 Energy Efficiency
Innovative development, including design and site layout which emphasizes
reducing environmental impacts and increasing energy-saving measures will be
encouraged. To achieve these objectives, particular regard shall be had to
building form and size, density, lot and building orientation, and on-site
landscaping. The Municipality supports the use of recognized building and
development certification programs as means to increasing energy efficiency and
decreasing impacts of development on the environment.
6.6.2 Electric Power Facilities
All existing electric power facilities and the development of any undertakings of
the relevant utility company or successor companies, but not including buildings
or land used for executive, administrative or retail purposes, or held under lease
or license from the relevant utility company, are permitted in all land use
designations without amendment to this Plan. However, prior to carrying out or
authorizing an undertaking that will directly affect the Municipality, the relevant
utility company shall consult with the Municipality and have regard for the
policies of this Plan.
6.6.3 Alternative & Renewable Energy Systems
As a source of clean and independent energy, alternative and renewable energy
systems can significantly reduce carbon emissions and improve the resiliency of
the Municipality’s energy supply. As such, policies relating to alternative and
renewable energy systems are as follows:
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a) The Municipality encourages the development and use of alternative and
renewable energy systems for electricity production, as a source of
renewable energy for the economic and environmental benefit of the
Municipality, County and the Province, including wind, water, biomass,
methane, solar, and geothermal energy;
b) New or expanded alternative or renewable energy systems should be
designed and constructed to minimize impacts on adjacent land uses to
prevent adverse impacts from odours, noise and other contaminants and
minimize risk to public health and safety; and,
c) Renewable energy system proponents are encouraged to contact the
municipality prior to commencing any necessary background studies, to
determine the nature and scope of the issues, which need to be addressed as
per the municipal consultation requirements under Ontario Regulation No.
359/09.
6.6.4 Large Scale Alternative & Renewable Energy Systems
6.6.4.1 This section applies to non-wind related large-scale alternative and renewable
energy systems. The Municipality of Bayham supports the development of large-
scale alternative and renewable energy systems and facilities intended for public
electricity production and the manufacture of energy products intended to
reduce reliance on fossil fuels, as sources of energy for the economic and
environmental benefit of the Municipality, County and the Province. Such
systems and facilities may be permitted in any rural or urban land use
designation subject to the following criteria:
a) The system and/or facility will have convenient access to railways, major
highway routes, transmission corridors or rights-of-way, for the
transportation / transmission of energy or energy products;
b) The preferred form of servicing will be municipal water and sanitary services
necessary for the production facility. Alternatively, development may occur
on private water and sanitary services, where the proponent has
demonstrated long term capacity for private on-site water and sanitary
services without negative impacts on the quality and quantity of water on
surrounding lands; and,
c) When located in a rural land use designation, the system and/or facility will
generally be located on lower priority agricultural lands and positioned on-
site to minimize disruption to normal farm practices.
6.6.4.2 Large-scale alternative and renewable energy systems and facilities may be
permitted by an amendment to the implementing Zoning By-law, in both urban
and rural land use designations, where the applicant demonstrates through
appropriate studies undertaken by qualified professionals that land use
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compatibility issues related to the amendment application have been addressed
to the satisfaction of the Municipality. The proponent shall undertake one or
more of the following applicable studies:
a) A noise impact study will be undertaken to determine setbacks for systems
and facilities from sensitive land uses in accordance with Ministry of the
Environment Conservation and Parks guidelines;
b) A visual impact study will be undertaken to determine the impact and
mitigation measures required for any structures on surrounding sensitive
land uses;
c) An environmental impact study shall be undertaken where hazardous lands
and natural heritage features or functions are identified in this Plan. Where
natural features or functions are identified, the environmental impact study
must demonstrate that the proposed development will have no negative
impacts on the natural features or their ecological functions. Development or
site alteration shall not be permitted in significant habitat of endangered
species and threatened species, significant wetlands and significant coastal
wetlands;
d) Where a significant amount of agricultural land is intended to be removed
from agricultural use, an agriculture impact assessment will be required
demonstrating that the proposed system or facility does not negatively
impact normal farm practices, and avoids impacts on the agricultural system,
or, where avoidance is not possible, minimizes and mitigates impacts in
accordance with the agriculture impact assessment; and,
e) Any other such background studies as deemed necessary by Council prior to
consideration of the amendment, related to odour, vibration, municipal
servicing capacity, traffic, or other land use impact.
6.6.4.3 Large scale alternative and renewable energy systems and facilities shall be
subject to a site plan agreement, for the location of road access, parking,
accessory buildings, vegetative buffers, location of external works/facilities,
storm water management/ drainage and any other identified impact mitigation
facilities/measures.
6.6.5 Small Scale Wind Energy / Alternative & Renewable Energy Systems
Small-scale wind energy systems and alternative and renewable energy systems
intended primarily for on-site energy production and use shall be permitted as of
right in any zone as an accessory use, provided any structures, facilities or
appurtenances associated with the system comply with the regulations of the
zone in which it is located; and provided that the system does not create any
adverse impacts on surrounding land uses.
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6.7 Linear Infrastructure Corridors
Linear infrastructure corridors include major above or below grade corridors for the
provision, generation, transmission, distribution and storage of electricity, fuel, or
accommodation of communication facilities / infrastructure. Such corridors may be
associated with gas, oil, or electric power, as well as broadcast, telecast, fiberoptic, or
optical wireless mediums essential to the energy and telecommunication needs of the
Municipality, County, Province, and Country. To that end, new or existing corridors shall
be protected from incompatible development by consulting with the relevant corridor
authority during the development review process and incorporating appropriate
setbacks and development standards into development proposals.
6.8 Telecommunications Facilities
Where companies subject to federal or provincial control propose new utility
installations, it is the policy of this Plan to encourage where feasible and appropriate:
a) the screening of antennas and towers from view from roads or scenic vistas through
landscaping, fencing or other architectural screening;
b) the use of innovative design measures such as the integration of such uses with
existing buildings and/or streetscape features such as gateways, lamp posts and
signs;
c) the co-location clustering of different utilities to minimize impacts;
d) the use of existing infrastructure where possible such as water towers or utility
poles; and,
e) the siting of utilities away from sensitive land uses.
6.9 New or Expanding Waste Management Operations & Waste Disposal Sites
Waste management operations include, landfills, transfer stations, composting facilities,
recycling facilities, septage haulage and disposal sites, and waste materials haulage and
disposal. These facilities may only be operated, expanded, or closed in accordance with
the policies of this Plan, and provincial requirements. New or expanding waste
management operations may be permitted, subject to the policies of this Plan:
a) the proposed operation shall be located in either the Rural Area, excluding
agriculturally-designated lands in this Plan, or in an employment designation, subject
to an amendment to this Plan and Zoning By-law Amendment;
b) any required approval under the Environmental Protection Act and Environmental
Assessment Act shall be received prior to any Municipal approval being given;
c) the proposal shall be supported by appropriate environmental studies in accordance
with provincial guidelines and requirements, to ensure negative impacts on
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surrounding lands are mitigated and/or eliminated to the satisfaction of the
Municipality;
d) New operations shall be located where they are compatible with adjacent land uses
(existing and designated);
e) Site development shall provide for progressive rehabilitation and reuse of the site;
f) New or expanding waste disposal sites, shall generally be located a minimum of 500
metres from a settlement area boundary, and any sensitive land uses, as per
provincial guidelines; and,
g) Where a sensitive land use is proposed within 500 metres of an existing waste
disposal site, land use compatibility shall be evaluated as per provincial guidelines.
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It is the general policy of this Plan to ensure that known natural resource deposits, and
extraction operations are identified and protected in the long term, and to direct incompatible
development away from known deposits and extraction operations.
The Natural Resource Management Areas in the Municipality of Bayham are composed of:
a) Areas of potential aggregate resource;
b) Areas of potential mineral resource;
c) Areas of potential petroleum resource; and,
d) Natural resource extraction operations.
7.1 Permitted Uses
In areas designated as an area of aggregate resource; area of mineral resource; and / or
area of petroleum resource, the primary use of land shall be for natural resource
extraction operations, and those uses permitted in the land use designations identified
in Schedule “B” of this Plan. Lands that are licensed by the Province pursuant to the
Aggregate Resources Act, shall be identified as “Licensed Pits and Quarries” and permit
natural resource extraction operations, notwithstanding any contrary designation on
Schedule “B” of this Plan.
The following uses shall be permitted as accessory uses for natural resource extraction
operations:
a) Accessory office uses;
b) Aggregate processing operations; and
c) Recycling of aggregate.
7.2 Existing, New or Expanding Extraction Operations
The extraction of mineral aggregate resources through existing, new or expanding
mineral aggregate extraction operations will be undertaken in a manner which
minimizes social, economic and environmental impacts, and appropriately uses and
manages mineral aggregate resources. It is the policy of the Municipality that:
a) In accordance with the Aggregate Resources Act, Provincial Planning Statement, and
the policies of this Plan, mineral aggregate resources will be protected for long-term
use.
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b) The identification of significant mineral aggregate resources does not presume that
all lands located within these areas are suitable for the establishment or expansion
of new or existing mineral aggregate operations.
c) There is potential for deposits of mineral aggregate resources to exist outside of the
areas identified on Appendix “2” that were not identified at the time this Plan was
prepared. The extraction of mineral aggregate resources may be permitted outside
of the mineral aggregate resource areas identified on Appendix “2” with an Official
Plan Amendment.
d) Wayside pits and quarries, portable asphalt plants and portable concrete plants used
on public authority contracts will be permitted in all designations without the need
for amendment to this Plan or Zoning By-law, except in except those areas of existing
development or particular environmental sensitivity which have been determined by
the Municipality to be incompatible with extraction and associated activities.
e) Non-resource extraction development in, or within 300 metres, of known aggregate,
mineral, and petroleum deposits, which would preclude or hinder the establishment
of new operations or access to these resources shall only be permitted if:
i. resource use would not be feasible;
ii. the proposed land use or development serves a greater long-term public
interest; and
iii. issues of public health, public safety, and environmental impact are addressed.
f) Extraction operations shall be protected from incompatible development and
activities that would preclude or hinder their expansion or continued use or which
would be incompatible for reasons of public health, public safety, or environmental
impact. Where the Aggregate Resources Act applies, only processes under the
Aggregate Resources Act shall address the depth of extraction of new or existing
mineral aggregate operations. Non-resource extraction development proposed
within 300 metres of an existing mineral or aggregate extraction operation shall
demonstrate through an aggregate impact assessment that:
i. the proposed development will not preclude or hinder the existing extraction
operation or the establishment of new operations;
ii. impacts such as noise, dust, vibration can be mitigated through design; and,
iii. where residential and other sensitive land uses are proposed adjacent to an
extraction operation, the applicant shall demonstrate that the quality and
quantity of groundwater is, and will be, suitable for the proposed
development considering the current and fully approved capacity and extent
of the adjacent extraction operation.
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g) Where mineral aggregate resources is identified on Appendix “2” of this Plan, a
Zoning By-law Amendment Application for new mineral aggregate extraction
operations, or expansions to an existing mineral aggregate extraction operation shall
be required. The applicant may be required to prepare the following studies in
support of the Zoning By-law Amendment Application to the satisfaction of the
Municipality:
i. A Land Use Study that demonstrates that the proposal will be compatible with
the land use policy framework and the goals and objectives of this Plan;
ii. A Visual Impact Study that demonstrates the proposal is compatible with the
rural character and landscape and will avoid or, where avoidance is not
possible, will mitigate visual impacts through adequate buffering, screening,
and other mitigation measures;
iii. A Transportation Impact Study that satisfies the requirements of the
Municipality, the County, and/or the Ministry of Transportation as applicable;
iv. An Environmental Impact Study that demonstrates how the form, function,
and integrity of environmental features, areas, and systems that may be
impacted by the operation will be protected and any permitted impacts
mitigated in accordance with the applicable policy framework and
requirements of different authorities having jurisdiction;
v. A Hydrogeological Study that demonstrates how water resources will be
protected, including surface water and groundwater;
vi. A Cultural Heritage Impact Study that reviews the impacts on cultural heritage
resources and demonstrates how identified cultural heritage resources will be
conserved consistent with the Cultural Heritage policies of this Plan;
vii. A Noise, Vibration, Dust and Air Quality Impact Study in accordance Noise,
dust and vibration, in accordance with Provincial Standards;
viii. A Rehabilitation Plan that demonstrates how progressive rehabilitation will
occur in accordance with this Plan and how the final rehabilitation plan is
consistent with the requirements of the Aggregate Resources Act;
ix. An Agricultural Impact Assessment in accordance with Provincial Standards;
x. Other matters identified by the Province, County, or Municipality; and
xi. Requirements under the Aggregate Resources Act.
h) Where the licensee has circulated an application under the Aggregate Resources Act,
to expand an existing licensed mineral aggregate extraction operation or increase the
depth of extraction which does not require the approval of a development
application, the Municipality will review and provide comments on the application to
the Province in the context of all policies in this Plan that would apply to an
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application for a new or expanding mineral aggregate extraction operation. The
Municipality will encourage the Province to ensure that all appropriate requirements
resulting from the review of an application for a new or expanding mineral aggregate
extraction operation are imposed and enforced as conditions on the license or
through the site plan required under the Aggregate Resources Act.
7.3 Extraction Operations in the Agricultural Area
Natural resource extraction is permitted on lands designated “Agricultural Area” in
Schedule “B” of this Plan, as an interim use provided that:
a) impacts to the agricultural are avoided, or where avoidance is not possible,
minimized and mitigated as determined through an agricultural impact assessment
or equivalent analysis, based on provincial guidance; and,
b) the site will be rehabilitated back to an agricultural condition whereby substantially
the same areas and same average soil quality for agriculture are restored, except
where:
i. there is a substantial quantity of mineral aggregate resources below the water
table warranting extraction;
ii. the depth of planned extraction in a quarry makes restoration of pre-
extraction agricultural capability unfeasible;
iii. other mineral aggregate resource extraction alternatives, in areas of Canada
Land Inventory Class 4 through 7 soils and resources on prime agricultural land
where rehabilitation is feasible, have been considered by the applicant and
found unsuitable, provided that, where no other alternatives are found, prime
agricultural land will be protected in this order of priority: Canada Land
Inventory Class 1, 2 and 3; and,
iv. Agricultural rehabilitation in remaining areas is maximized.
7.4 Rehabilitation of Extraction Operations
The Municipality shall require the rehabilitation of mineral aggregate extraction
operations after the extraction and other related activities has ceased. It is the policy of
the Municipality that:
a) Rehabilitation of the licensed area shall be in accordance with the approved
rehabilitation plan for the site. Any significant changes to the rehabilitation plan for a
licensed area shall be assessed by the Municipality.
b) As a pit or quarry operation progresses, the subject lands will be progressively
rehabilitated to accommodate subsequent land uses.
c) Progressive and final rehabilitation will be required to accommodate subsequent
land uses, to promote land use compatibility, to recognize the interim nature of
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extraction, and to minimize impacts, to the extent possible. Final rehabilitation will
take into consideration the pre-extraction land use designation and conditions, and
compatibility with the character of the surrounding land uses and approved land use
designations, in consideration of the Municipality, as well as the opportunity to
accommodate parks and open space uses or enhancing the natural environment
system;
d) Comprehensive and coordinated rehabilitation planning is encouraged where there
is a concentration of mineral aggregate extraction operations;
7.5 Petroleum Resources
7.5.1 Petroleum resources shall mean oil, gas, and salt (extracted by solution mining
method) and formation water resources which have been identified through
exploration and verified by preliminary drilling or other forms of investigation.
Appendix “2” of this Plan identifies the ‘Areas of Petroleum Resource’.
7.5.2 The exploration for and the production of oil, gas, and salt resources including
related buildings, structures, pipelines and related facilities shall be permitted in
all land use designations, except Settlement Areas. All exploration and
production activities are to be in compliance with the Oil, Gas, and Salt
Resources Act, and the regulations and operating standards thereto.
7.5.3 The Municipality shall support the subsurface storage of oil, gas, and salt
resources, subject to provincial regulations, so long as they do not adversely
affect surface development rights as set out in this Plan.
7.5.4 The Municipality shall support the proper disposal of oil field brines, in
accordance with Provincial regulations.
7.5.5 New development shall be set back 75 metres from existing petroleum extraction
wells or as required under the Oil, Gas and Salt Resources Act. Existing or
abandoned petroleum wells are identified on Schedules “B2”, “B3” and Appendix
“1”. Where development is proposed adjacent to or above pools or deposits, the
Province shall be consulted regarding measures to allow possible future access
for resource production purposes.
7.5.6 The Municipality shall encourage the use of technology for the exploration and
production of subsurface resources from a well site that is located on lands
adjacent to a natural heritage feature or cultural heritage landscape. New wells
and associated works will be prohibited from causing any surface or ecological
disturbance to natural and cultural heritage areas. If there are no alternatives to
exploration and production within a natural or cultural heritage area, measures
will be undertaken to reduce negative impacts. Where forest cover is removed it
shall be replaced at a location specified by the landowner, unless no such
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location is suitable for tree cover, wherein the Municipality may specify a
location.
7.5.7 Upon cessation of production, well sites and locations of associated works shall
be rehabilitated to permit uses set out in the land-use designation where the
well sites are located. Upon cessation of production from wells in prime
agricultural areas, rehabilitation shall restore the site so it can be used for
agricultural purposes.
7.5.8 As a condition of approving subsequent development on former petroleum
resource areas, the Municipality will require that improperly abandoned wells
that are known or discovered on the lands during development will be properly
plugged, capped or otherwise made safe in accordance with provincial
requirements. Buildings and structures shall be located away from possible well
sites, unless it can be proven that development can safely occur. Any
development proposals on known historic salt solution mining activity areas will
require a geo-technical study completed by a qualified engineer to ensure that
development can occur safely
7.5.9 If sites of former works are discovered, these locations shall be rehabilitated
prior to development proceeding.
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Development hazards, both natural and human-made, identify areas that will generally be
restricted from development. These lands contain physical characteristics that have the
potential to negatively impact public health and safety and create risks to property and
infrastructure due to natural and human-made hazards. This Plan directs development to areas
outside hazardous lands regulated by the Conservation Authority and prohibits development
on, or adjacent to, contaminated sites, former landfills, and abandoned petroleum wells, except
in accordance with provincial guidelines and regulations. The Long Point Region Conservation
Authority is a key partner in this effort through the administration of its policies and regulations
under the Conservation Authorities Act.
8.1 Composition of Development Hazards
Development Hazards are composed of:
a) Hazardous lands, such as floodplains, dynamic beach hazards, and erosion hazards;
b) Hazardous sites;
c) Former waste disposal sites;
d) Contaminated and potentially contaminated sites;
e) Oil, Gas, and Salt Hazards;
f) Wildland Fire Hazards;
g) Former Natural Resource Extraction Operations; and,
h) Abandoned petroleum wells.
8.2 General Policy
Hazardous lands are lands that could be unsafe for development due to naturally
occurring processes or as a result of human interference. Along the shoreline of Lake
Erie, this means the land, including land covered by water and the furthest landward
limit of the flooding hazard, erosion hazard, or dynamic beach hazard limits. Along river,
stream, or small inland lake systems, this means the land, including land covered by
water, to the furthest landward limit of the flooding hazard or erosion hazard limits.
Hazardous sites include lands that could be unsafe for development due to naturally
occurring hazards such as unstable soils including sensitive marine clays (leda) or organic
soils, or unstable bedrock (karst topography). It is the general policy of this Plan that
development and site alteration be directed away from areas of natural or human-made
hazards where there is an unacceptable risk to public health and safety or of property
damage, and not create new or aggravate existing hazards.
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8.3 Role of Conservation Authority
It is the policy of this Plan to recognize and respect the role that Conservation
Authorities play, through their delegated responsibility, and legislative mandate and
authority in regulating development and alteration activities within and adjacent to
natural hazards. This is often referred to as a ‘regulated area or regulation limit’, being
the area subject to Ontario Regulation 41/24, as amended, ‘Prohibited Activities,
Exemptions and Permits’ under the Conservation Authorities Act. As such, it is the policy
of the Municipality to generally defer to, and implement, the requirements of the
Conservation Authority having jurisdiction with respect to development and alteration
activities in hazardous lands and sites.
8.4 Identification of Hazardous Lands & Sites
It is recognized that the mapping of hazardous lands and sites in this Plan is
approximate. The policies of this section apply to all hazardous lands and sites regardless
of whether they are identified in this Plan. Changes to the limit of hazardous lands and
sites may be considered through the findings of technical studies prepared by a qualified
professional, such as a geotechnical report, hydrogeological report, or slope stability
study completed to the satisfaction of the County, Municipality and Conservation
Authority. If a change to the limit of hazardous lands and sites has been demonstrated to
be appropriate, the revised limit shall prevail, and no amendment to this Plan shall be
required.
8.5 Permitted Uses
In areas designated as Hazardous Lands on Appendix “1” of this Plan, hazardous sites,
former waste disposal site, or identified as a contaminated or potentially contaminated
site, the use of land shall be those uses permitted in the underlying land use
designations of this Plan, subject to the policies of this section.
8.6 Hazardous Lands & Sites
Development in hazardous lands and sites shall generally not be permitted and only
considered where the following are demonstrated and achieved:
a) a justification is provided as to why it is not possible to locate the development
outside of the hazard;
b) development and site alteration is carried out in accordance with erosion and
floodproofing standards, protection works standards, and access standards of the
conservation authority having jurisdiction;
c) vehicles and people have a way of safely entering and exiting the area during times
of flooding, erosion, and other emergencies;
d) new hazards are not created, and existing hazards are not aggravated; and,
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e) no adverse environmental impacts will result.
Notwithstanding the above, institutional uses; essential emergency services; and or uses
associated with the disposal, manufacture, treatment, or storage of hazardous
substances shall be prohibited from locating in hazardous lands and sites.
8.7 Floodplains
8.7.1 It is the intent of this Plan that no development or site alteration be permitted
within the floodplain of a river or stream system to minimize and eliminate any
risks to life and property resulting from flooding in accordance with the
Conservation Authority regulations except within a flood fringe where a two-
zone floodplain management concept has been approved or where authorization
has been obtained from the Conservation Authority. Buildings and structures are
not permitted within the floodplain, except where authorization has been
obtained from the Conservation Authority.
8.7.2 Prior to the erection or alteration of any buildings or structures that may be
permitted by the policies of this subsection, or any other construction that will
require floodproofing measures, a property survey shall be completed to verify
topographic elevations using established vertical datum to align with
Conservation Authority having jurisdiction.
8.7.3 Existing uses will be recognized in the Zoning By-law as legal non-conforming
uses. Minor extensions or enlargements to existing buildings and structures
which are not otherwise prohibited by this Plan shall comply with the regulations
of the Zoning By-law and are subject to the authorization of the Conservation
Authority, including acceptable floodproofing elevations and measures. The
Conservation Authority will determine whether the proposal is minor in nature
and specify the level of floodproofing required.
8.7.4 If partial or total destruction of a building or structure occurs in the Floodplain
due to fire or other natural disaster, excluding flood, that building or structure
may be rebuilt to its former dimensions and for the same use as existed
immediately before its destruction, subject to the authorization of the
Conservation Authority, including acceptable floodproofing elevations and
measures. Where there is land available to relocate the building or structure to
another location on the property that is not subject to flooding, all avenues shall
be considered to protect the building or structure from future risks and relocate
outside of the hazard.
8.8 Dynamic Beach Hazards
Dynamic beach hazards are composed of inherently unstable accumulations of shoreline
sediments along Lake Erie, as identified by provincial standards. The dynamic beach
hazard limit consists of the flooding hazard limit plus a dynamic beach allowance
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determined by the Conservation Authority on a site-by-site basis in consultation with the
County and Municipality. No development or site alteration shall be permitted in a
dynamic beach hazard.
8.9 Erosion Hazards
Erosion hazards are areas of land that are subject to land regression or retreat from a
combination of geologic, seismic, hydrologic, or humanmade factors, and as such they
pose a potential threat to safety, property, and infrastructure. To that end, development
shall be directed to an area outside of the erosion hazard limit of a riverine valley slope.
The use of stabilization works to adjust the erosion hazard limit or development setbacks
for the purposes of increasing the potential development envelope or permitting new
development and/or site alterations within the limit shall not be permitted.
8.9.1 Determining the Erosion Hazard Limit
The erosion hazard limit will be determined by the Conservation Authority on a
site-by-site basis in consultation with the County and Municipality. Provincial
guidelines related to natural hazards will be used as a basis for determining the
limit.
8.9.2 Lake Erie Shoreline Erosion Hazard
8.9.2.1 The high bluff reaches of the shoreline of Lake Erie in the County experience
severe rates of erosion. Notwithstanding Subsection 8.9.1, the Lake Erie erosion
hazard limit shall be determined by a qualified professional retained by the
proponent to the satisfaction of the Conservation Authority on a site-by-site basis
in consultation with the County and Municipality using considerations that
include the 100-year erosion rate (the average annual rate of recession extended
over a 100-year time span), an allowance for slope stability, and an
erosion/erosion access allowance.
8.9.2.2 New development shall not be permitted within the Lake Erie shoreline erosion
hazard limit. Replacement and/or relocation of existing buildings or structures
located within the Lake Erie shoreline erosion hazard may be permitted subject
to the approval of the Conservation Authority.
8.10 Docks and Waterfront Structures
Docks, waterfront and marina structures on property abutting water shall be subject to
the approval of the Conservation Authority, unless otherwise stated under Section 5 of
Ontario Regulation 41/24, and where title to the bed of the waterway is vested with the
Crown, the Ministry of Natural Resources and Forestry. The following policies are
applicable to these structures:
a) Be designed, constructed and maintained in a manner that contributes to the
amenity of the Municipality;
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b) Be capable of withstanding damaging storms, ice and high water conditions, or
alternatively be designed to be removed during winter months. Seasonal structures
are to be removed prior to winter freeze-up;
c) Not contain sanitary facilities unless connected to municipal sewers;
d) Be located so as not to interfere with navigation or aids to navigation;
e) Be constructed and placed so as to minimize the impact on natural vegetation and
topography; and
f) Not contain any residential accommodations.
8.11 Public Road Access
The Municipality is subject to significant shoreline erosion hazards and continues to lose
tableland through this natural 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.
a) 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,
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;
b) 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;
c) 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; and,
d) 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.
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8.12 Hazardous Lands & Climate Change
Severe weather associated with climate change is anticipated to cause increased
instances of flooding, erosion, and stormwater runoff as it adversely impacts
precipitation levels. The Municipality recognizes the potential impacts of climate change
on the built and natural environment. As such, the Municipality must adapt to protect
safety, property, and infrastructure from increased risks of flooding and erosion. To that
end, the Municipality will:
a) Encourage the use of vulnerability or risk assessments, when appropriate, to
consider potential increased erosion rates, water levels, and extreme weather events
and their potential impact on development;
b) Encourage the incorporation of adaption strategies for new development that
account for changing erosion patterns, flooding, and related climate impacts;
c) Encourage the protection and restoration of natural buffers such as riparian
vegetation which can mitigate erosion hazards and enhance resilience;
d) Ensure that when infrastructure must be located on hazardous lands, it is designed
to withstand increased erosion, flooding, and extreme weather events; and,
e) Participate in monitoring programmes and the development of climate change
adaptation strategies with the Conservation Authority, including but not limited to
the following:
i. 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.
ii. Council may prepare and adopt a Local Action Plan setting out targets to
reduce green house gas (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.
iii. 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.
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iv. Council will encourage energy production technologies and form as set out in
Subsection 6.6 of this Plan as an approach to reduce the GHG emissions in the
Municipality.
8.13 Development Subject to a Planning Act Approval
In the event that development subject to a Planning Act approval is exempted from the
regulatory process of a conservation authority under provincial legislation the
Municipality shall be satisfied that all planning, development, and site alteration
considerations regarding any proposed development or site alteration of hazardous
lands and sites shall be incorporated into the conditions of approval or through a
development agreement, in consultation with the Conservation Authority having
jurisdiction prior to the granting of any approval for which the Municipality is approval
authority.
8.14 Development & Waste Disposal Sites
The following policies apply to development in proximity to all known/unknown active
and former (closed) waste disposal/transfer sites situated both within the Municipality
of Bayham and those situated in adjacent municipalities within the 500-metre
assessment area of the municipal boundary, and which are identified as land use
constraints on Appendix “1” to the Plan where their location is known:
a) The development of new uses or new/enlarged buildings or structures within 500
metres of an active waste disposal site may be permitted, provided an assessment
prepared by a qualified professional in accordance with provincial guidelines is
completed to determine:
i. whether the proposed use will be adversely affected by the waste
management site; and,
ii. the appropriate buffering and monitoring requirements.
b) Notwithstanding policy 8.14(a), no buildings or structures are permitted, and no land
uses other than agriculture and/or buffer strip shall take place within 30 metres of
the perimeter of an active waste disposal site, unless otherwise approved by the
Ministry of Environment, Conservation and Parks;
c) The development of new uses or new/enlarged buildings or structures within 500
metres from the fill area of the former waste disposal site may be permitted,
provided an assessment prepared by a qualified professional in accordance with
provincial guidelines is completed to determine:
i. whether the proposed use will be adversely affected by ground and
surface water contamination by leachate migrating from the former
waste disposal site; and,
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ii. the impact of leachate migration from the landfill site on the proposed
use.
d) Notwithstanding policy 8.14(c), no buildings or structures are permitted, and no land
uses other than agriculture and/or buffer strip shall take place within 30 metres of
the perimeter of a non-operating landfill site. Where the Ministry of the
Environment, Conservation and Parks is satisfied that only gas controls are necessary,
no buildings or structures and land uses other than agriculture and/or buffer strip
shall take place within 20 metres of the perimeter of a non-operating landfill site;
and,
e) The implementing Zoning By-law shall restrict development of new uses on lands
within the 500-metre assessment area of an operating or closed landfill site and may
include the use of a holding symbol. Any amendment to permit the development of
any new use within the assessment area shall not occur until the appropriate Council
is satisfied that all studies required by the Municipality and County have been
completed by a qualified consultant.
8.15 Contaminated or Potentially Contaminated Sites
Contaminated or potentially contaminated sites are composed of any site where future
use is affected by real or perceived environmental contamination from a current or
previous use of the site for commercial, industrial, or institutional use. These sites are
often called ‘brownfields’ and are not mapped in this Plan. Development on sites that
are, in the opinion of the County, Municipality or other authority, known or suspected to
be a contaminated site, are subject to the following policies:
a) Prior to permitting development on the site, the proponent shall complete the
following to the satisfaction of the Municipality:
i. Environmental Site Assessment (ESA) in accordance with provincial
guidelines; and,
ii. site restoration in accordance with a remedial plan, where the need for
remediation is identified.
b) Where an ESA has determined that contamination exists, no development shall be
permitted until such time as the completion of any required decommissioning
and/or remediation of the site, and a Record of Site Condition (RSC) has been
prepared and filed by a qualified person confirming that site soil conditions meet
provincial criteria for the proposed use. The site may need to be remediated in
accordance with Provincial requirements.
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8.16 Oil, Gas, and Salt Hazards & Former Natural Resource Extraction
Operations
Development on, abutting, or adjacent to lands affected by an oil, gas, or salt hazard or a
former natural resource extraction operation may be permitted only if rehabilitation or
other measures to address and mitigate known or suspected hazards are under way or
have been completed. Sites with contaminants in land or water shall be assessed and
remediated as necessary prior to any activity on the site associated with the proposed
use such that there will be no adverse effects. The Municipality shall encourage, where
feasible, on-site and local re-use of excess soil through planning and development
approvals while protecting human health and the environment.
8.17 Wildland Fire Hazards
Wildland fire hazards refers to areas assessed as being associated with the risk of high to
extreme wildland fire by the Province. In the absence of comprehensive mapping, to
determine if a site is subject to the risk of high to extreme wildland fire, a development
proponent shall utilize Federal and Provincial digital mapping resources, prior to making
an application for development, and provide that mapping as part of the application to
the satisfaction of the Municipality. The following policies shall apply where Wildland
Fire Hazards are identified:
a) Development shall generally be directed to areas outside of lands that are unsafe for
development due to the presence of wildland fire hazards;
b) Development may only be permitted where the risk is mitigated in accordance with
wildland fire assessment and mitigation standards; and
c) Applicants may be required to undertake a site review to assess, to the extent
possible, the level of wildland fire hazard and associated risk on and in the vicinity of
the subject lands and identify measures that need to be taken to mitigate the risk in
accordance with standards.
8.18 Abandoned Petroleum Wells
Associated with the Municipality’s petroleum reservoirs and past extraction operations,
there are numerous abandoned petroleum wells located throughout the Municipality of
Bayham. Schedules “B2”, “B3” and Appendix “1” of this Plan identifies wells known to
the Municipality. The following policies shall apply to abandoned petroleum wells,
whether or not they are identified on Schedules “B2”, “B3” and Appendix “1”:
a) As a condition of development, the Municipality will require that improperly plugged
(abandoned) wells that are known or discovered during development will be
properly plugged, capped, or otherwise made safe in accordance with provincial
requirements;
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b) Building locations should be examined for the presence of possible well sites using
established standards and procedures, and areas where wells are located should be
avoided when siting buildings, unless it can be demonstrated that development can
safely occur;
c) Upon cessation of production, well sites and locations of associated works shall be
rehabilitated to permit uses set out in the underlying land use designation where the
well sites are located. Upon cessation of production from wells in prime agricultural
areas, rehabilitation shall restore the site so it can be used for agricultural purposes;
and,
d) If sites of former works are discovered, these locations shall be rehabilitated prior to
development proceeding.
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9.1 Economic Development
Economic development refers to the Municipality’s efforts to attract and retain business
and industry in the Municipality’, provide high quality employment opportunities to
residents, and expand the Municipality’s tax assessment base. Ensuring a healthy
regional economy also means protecting important facilities and corridors that are
critical to business and industry.
9.1.1 Tourism
Tourism is a contributor to the Municipality’s economy due in part to its
proximity to Lake Erie and major population centres. As such, the growth of the
tourism industry is a strategic priority for the Municipality and tourism uses shall
generally be supported subject to the policies of this Plan.
9.1.2 Supporting Placemaking Initiatives
Placemaking is an approach to planning, design, and the management of public
spaces that seeks to capitalize on a local community’s physical assets and identity
to create public spaces that encourages private sector investment, builds civic
pride, and improves community well-being. Placemaking can include such
initiatives as public art installations, development of programmed public spaces,
and the improvement and beautification of infrastructure. The Municipality shall
support placemaking initiatives with the aim of attracting visitors, stimulating
local business, and creating a sense of civic pride within the Municipality of
Bayham.
9.1.3 Attracting the Creative Economy
The creative economy is composed of knowledge-based economic activities and
includes sectors such as advertising, architecture, design, culinary arts, visual and
performing arts, media, publishing, research & development, software, and
computer gaming. Creative industries are among the most dynamic sectors in the
world economy and attract a highly talented labour force. The Municipality’s
proximity to major markets and economic centres has the potential to attract
both businesses and talent who are seeking the lifestyle and quality of life
advantages that Municipality’s communities offer. To position the Municipality as
a destination of choice for businesses and individuals in the creative economy
the Municipality will:
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a) Protect and enhance the Municipality’s rural and urban character through the
development process (see Subsections 3.2.4 and 4.2.1 for more information);
b) Encourage the development of placemaking initiatives and events, festivals,
and the promotion of the Municipality natural and cultural heritage;
c) Encourage the creation of policies and regulations that seek to support and
facilitate creative industries, business incubation, studio and workshop
spaces, and the creation of creative hubs; and,
d) Implement the County Economic Development Plan where it is in the best
interests of the community to do so, as well as business recruitment and
expansion measures
9.2 Housing
The Municipality of Bayham recognizes the importance of housing to the social and
physical health and well-being of residents, as well as the economic success of Bayham.
To that end, the Municipality of Bayham will seek to ensure an appropriate and
adequate supply of housing for residents regardless of their socio-economic condition,
health, age, or ability.
9.2.1 Residential Land Supply
The Municipality shall ensure there is an adequate supply of residentially-
designated land in the Municipality to accommodate a minimum of 15 years of
residential growth (including redevelopment and intensification opportunities,
and ‘greenfield’ land). Further, the Municipality shall maintain, at all times, land
with servicing capacity sufficient to provide at least a five-year supply of
residential units available through lands suitably zoned and (where available)
serviced.
9.2.2 Requiring a Mix of Housing
Providing for a range of housing typologies promotes affordability and ensures
that the Municipality maintains options for households at all stages of their
lifecycle. It is the intent of this Plan to encourage a mix and range of housing
types, styles and tenures to meet the needs of a growing and diverse community
through the following policies:
a) In Settlement Areas where full municipal services are available, a range of
housing typologies shall be provided;
b) Where new residential development proposes single detached dwellings,
they shall generally not comprise more than 70% of the dwelling mix. This
requirement may be waived if:
i. the proposed development constitutes infilling or intensification;
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ii. the development is located on lands that are the subject of a
secondary plan that identifies an alternative housing mix for the area;
or,
iii. due to the scale of the development or servicing or engineering
constraints, the provision of a mix of housing types is not feasible.
c) Where the feasibility of incorporating a mix of housing types is in question, it
shall be incumbent on the applicant to demonstrate that the provision of a
mix of housing types is not feasible.
9.2.3 Additional Residential Units
Additional residential units are smaller apartments contained within a dwelling
or accessory building on the same property and are referred to by various names
including secondary suites, accessory apartments, or ‘granny flats’. For specific
policies pertaining to additional residential units in the Rural Area and Settlement
Areas, refer to Subsections 3.2.10 and 4.2.6 of this Plan.
9.2.4 Demolition or Conversion of Rental Housing
Rental units are a key supply of housing in the Municipality and are an important
to ensuring the Municipality has a diverse supply of housing to meet the needs of
its citizens. As such, the Municipality strongly discourages their demolition or
removal except where the demolition is required to address existing health and
safety issues and will result in the reconstruction or replacement of the
demolished units. In coordination with the County, the Municipality shall not
permit the conversion of rental units to ownership tenure through a plan of
condominium, except where:
a) it has been determined through a market impact study that the rental unit(s)
are not required to satisfy housing need in the Municipality; or,
b) the conversion to ownership housing would result in the creation of
affordable housing.
9.2.5 Affordable Housing
Affordable housing is defined by provincial policy and its provision ensures that
low- and moderate-income households can access both appropriately priced
rental units and homeownership in the Municipality. As such, it is policy of this
Plan to assist the County of Elgin in their target of achieving a cumulative total of
55% of new residential units developed across the County as affordable under
provincial policy through the implementation of the following policies:
a) The provision of housing that is affordable and accessible to low- and
moderate-income households shall be a priority of the Municipality;
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b) The Municipality shall consider innovative and alternative residential
development standards that facilitate affordable housing in compact built
form;
c) Affordable housing shall be supplied in a variety of housing types (bachelor
apartment units, one-bedroom apartment units, townhouses, single-
detached, etc.), provide for a range of family sizes and be encouraged to be
represented in all neighbourhoods within the Settlement Areas;
d) Affordable housing shall be encouraged to locate near neighbourhood
amenities, public service facilities, and other community facilities that
facilitate a complete community;
e) Developments containing affordable housing shall prioritize the construction
and provision of such housing or units at the same sequence as market rent
housing or units. If a development is subject to phasing, a percentage of the
affordable housing to be provided shall be constructed in each phase of the
development to the satisfaction of the Municipality;
f) The Municipality may, through a development agreement or Zoning By-law
Amendment, consider the provision of additional height permissions beyond
those in the policies of this plan, provided to developments without the need
for an amendment to this Plan for the provision of affordable housing units to
the satisfaction of the Municipality;
g) The Municipality may create and implement a range of planning and
regulatory incentives that encourage affordable and community housing.
Such incentives may include but are not limited to:
i. Additional Residential Unit (ARU) policies;
ii. Collaborating with community partners to foster the provision of
Affordable housing and community housing;
iii. Community Benefits Charges;
iv. Community Improvement Plans;
v. Deferring or waiving Development Fees and Charges;
vi. Height / density bonusing
vii. Municipal land contributions
viii. Municipal tax incentives or rebates
ix. Municipal grants or loans, and
x. Negotiating agreements with the public and private sectors to address
the provision of affordable housing and/or community housing
through the approval process.
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h) Advise all applicants with residential development proposals of affordability
price thresholds, and require all applications for plans of subdivision or
condominium to demonstrate how their proposal works towards achieving
the County’s affordable housing target, and if the proposal does not include
affordable housing, advising why it is not appropriate to incorporate it; and,
i) Examine opportunities to fund affordable housing community improvement
programming.
9.2.6 Public Assets for Affordable Housing
Prior to the disposal of surplus lands and facilities, the Municipality shall review:
a) Whether the land or facility would be suitable for affordable housing
development; and,
b) Whether a public or private body engaged in the provision of affordable
housing has an interest in the land or facility.
Further, the Municipality shall work with all levels of government, Indigenous
communities and service providers, private sectors, and non-profit sectors to
identify surplus government lands and/or buildings that may be suitable for
affordable housing and community housing development, including brown-and
grey-field sites outside employment areas to meet community needs.
9.2.7 Emergency Housing and Transitional Housing
Emergency housing offers short-term crisis support to those who are
experiencing homelessness and includes homeless shelters and shelters for those
escaping domestic violence and intimate partner violence. Transitional housing
includes group homes and other forms of temporary housing that aims to bridge
the gap from homelessness to permanent housing and is normally used as a form
of supportive housing for treatment, and mental health.
The Municipality will support and establish, where appropriate, the facilities for
providing Emergency Housing and Transitional Housing and will ensure that all
municipal buildings and facilities meet or exceed the provincial accessibility
standards and policies to ensure equitable access to them, especially during
times of crisis. Emergency Housing and Transitional Housing in the Municipality
shall be subject to the following policies:
a) Emergency Housing and Transitional Housing will be permitted in settlement
areas where lands are designated Hamlets, Residential, or Institutional in the
Villages, and subject to the requirements of the implementing Zoning By-law
and the policies of this Plan;
b) In order to prevent an undue concentration of Emergency Housing and
Transitional Housing in specific areas of the Municipality, standards requiring
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a minimum distance between these facilities may be incorporated in the
Zoning By-law;
c) Facilities existing on the date the Zoning By-law comes into effect, but not
complying with the requirements of the by-law, will be allowed to continue in
operation but will not be permitted to expand without Municipal approval;
d) The establishment of Emergency Housing or Transitional Housing must be
based on local need for the particular type of facility to serve the population
of the Municipality and the immediate surrounding area. In determining the
need and suitability of each type of Emergency Housing and Transitional
Housing the size and general character of the Municipality together with the
merits of each specific application must be given consideration;
e) Emergency Housing and Transitional Housing shall have sufficient off-street
parking to accommodate the vehicles of the staff or persons on duty in the
home and visitors in accordance with the implementing Zoning By-law;
f) Emergency Housing and Transitional Housing should be located near
neighbourhood amenities, public service facilities, and other community
facilities that facilitate a complete community; and,
g) Emergency Housing and Transitional Housing is not permitted within the
Rural Area of the Municipality.
9.2.8 Community Housing
Community housing (sometimes called social or subsidized housing), is housing
that is offered at below market rates to occupants and includes purpose-built
low-income housing developments, subsidized units in market-rate buildings, or
market-rate apartments paid for in part by provincial rent supplements. The
Municipality is supportive of efforts by community housing providers to develop
more community housing across the Municipality’s settlement areas and will use
best efforts to expedite approvals for proposed community housing
developments subject to the other policies of this Plan.
9.2.8.1 Location of Community Housing
When proposed, community housing should be:
a) located in settlement areas with full municipal services and adequate urban
amenities for residents;
b) near existing or planned transit (if available), including and active
transportation facilities; and
c) near public service facilities.
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9.2.9 Coordination with Higher Levels of Government
Coordination with provincial and federal governments and agencies, including
the Canada Mortgage and Housing Corporation, will be undertaken to advocate
for sustained provincial and federal funding that:
a) promotes the development of residential intensification, brownfield
redevelopment and affordable housing options, including community housing
and purpose-built rental units; and
b) supports energy efficiency and sustainable housing design for new and
existing residential units.
9.3 Cultural Heritage
This Plan shall endeavour to identify, protect, conserve, and enhance the built heritage
resources and cultural heritage landscapes, and archaeological resources in the
Municipality, in a manner that respects the rich cultural heritage of the Municipality.
The Cultural Heritage resources of the Municipality of Bayham are composed of:
a) Built heritage resources;
b) Cultural heritage landscapes; and,
c) Archaeological resources.
9.3.1 General Policies
a) Council may establish a Municipal Heritage Committee (MHC) to advise on
matters relating to the Ontario Heritage Act and other business relating to
heritage conservation.
b) Council shall encourage the designation and maintenance of properties and
structures pursuant to Parts IV and V of the Ontario Heritage Act.
c) Council shall require protected heritage resources to be conserved when
development or site alteration has the potential to affect a protected heritage
resource or is adjacent to a protected heritage resource, which shall be
demonstrated through appropriate technical cultural heritage studies
conducted by a qualified professional.
d) Council shall support the use of cultural heritage resources as a means to
promote economic development and tourism within the Municipality.
e) Council shall notify the Province when any proposed development may
impact a marked or unmarked cemetery in accordance with the Ontario
Heritage Act and the Funeral, Burial and Cremation Services Act.
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9.3.2 Implementation
9.3.2.1 Council shall implement the cultural heritage policies of this Plan through
participation in provincial and federal programs related to cultural heritage
conservation;
9.3.2.2 In addition to promoting co-operation with individual property owners in the
preservation of cultural heritage resources, Council will have regard to the effects
of public works on buildings, sites and areas of historical importance in the
Municipality;
9.3.2.3 New residential development in older residential areas of historical, architectural
or landscape value will be encouraged to develop in keeping with the overall
character of these areas; and,
9.3.2.4 Council may utilize any of the following planning tools when development or site
alteration has the potential to affect a protected heritage resource, a resource
with potential cultural heritage value or interest, or for development proposed
adjacent to a protected heritage resource or a resource with potential cultural
heritage value or interest:
a) The Municipality of Bayham Cultural Master Plan;
b) Heritage Impact Assessments;
c) Conditions of consent and subdivision approval and consequent agreements;
d) Provisions related to site plan control; and,
e) Standards, definitions and regulations in the Municipalities Zoning By-law.
9.3.3 Archaeological Resources
9.3.3.1 Development in Areas of Archaeological Potential
Development and site alteration will be permitted on lands containing
archaeological resources or areas of archaeological potential only when the
archaeological resources have been assessed, documented, and conserved.
Archaeological assessments must be carried out by licenced archaeologists, prior
to the permitting of development and any alterations to known archaeological
sites will only be performed by licensed archaeologists.
9.3.3.2 Marine Archaeological Resources
If there is potential for the presence of partially or fully submerged marine
features such as ships, boats, vessels, artifacts from the contents of boats, old
piers, docks, wharfs, fords, fishing traps, dwellings, aircraft or other artifacts
items of cultural heritage value or interest, a marine archaeological assessment
shall be conducted by a licenced archaeologist pursuant to the Ontario Heritage
Act.
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9.3.3.3 Determining Areas of Archaeological Potential
Archeological site locations and areas of potential will be determined based on
registered site data and potential screening criteria provided to the Municipality
by the Province, or through technical assistance. In the absence of
comprehensive mapping, to determine if a site is part of an area of
archaeological potential, a development proponent shall conduct and submit an
evaluation using the Province’s Criteria for Evaluating Archaeological Potential
and/or Criteria for Evaluating Marine Archaeological Potential for review and
concurrence by the Municipality of Bayham prior to making application for
development. Where one or more provincial criteria have been met the applicant
shall be required to engage a licensed archaeologist to prepare an archaeological
assessment prior to any ground disturbing activities.
9.3.3.4 Preparation of Archaeological Assessments
Where the Municipality has identified development applications that may impact
archaeological resources or lands of archaeological potential, the Municipality
will require an archaeological assessment be completed by a licensed
archaeologist. Development and site alteration shall not proceed until the
assessment or assessments have been entered into the Ontario Public Register of
Archaeological Reports, and where these reports conclude that:
a) the assessment of the area is complete; and,
b) all archaeological sites identified by the assessment are either of no further
cultural heritage value or interest, or that mitigation of impacts has been
accomplished through excavation or an avoidance and protection strategy.
9.3.3.5 Cemeteries & Burial Sites
Where development has the potential to impact a known or suspected cemetery
or burial site, the relevant approval authority shall require an archaeological
assessment by a licenced archaeologist. Provisions under both the Ontario
Heritage Act and the Funeral, Burial and Cremation Services Act shall apply.
Development shall be guided by this legislation and in accordance with any
directives from the Province. The Indigenous community with the closest cultural
affiliation shall be provided notification with regard to the identification of burial
sites relating to the activities of their ancestors.
9.3.3.6 Public Works Projects
To support conservation of archaeological resources, the Municipality may
review public works projects, regardless of whether they are subject to the
Environmental Assessment Act, to determine impacts upon potential
archaeological resources, conducting an archaeological assessment if the lands
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are located within an area of archaeological potential, or where an
archaeological site has been previously registered on the property.
9.3.4 Indigenous Engagement and Interests
The Municipality shall engage with Indigenous communities and consider their
interests when identifying, protecting, and managing built heritage resources,
cultural heritage landscapes and archaeological resources. To that end the
Municipality shall work in partnership with Indigenous communities with the
closest cultural affiliation and whose traditional territories are subject to
development or site alteration to determine if there are areas of known or
potential archaeological resources requiring completion of an archeological
assessment and/or conservation plan. This may include the collaborative
development of a terms-of-reference or similar that provide greater detail on the
protection of archeological resources related to Indigenous communities.
Where a completed archaeological assessment identifies sites and archaeological
resources of Indigenous interest, they shall be provided to the community of
closest cultural affiliation to the site and/or resources, subject to any legislative
requirements. To that end, the Municipality shall:
a) direct proponents to the appropriate Indigenous community and facilitate
communication with the relevant community;
b) require proponents to engage with Indigenous communities at the earliest
opportunity and consider their interests when identifying, protecting, and
managing archaeological resources, built heritage resources and cultural
heritage landscapes;
c) require documentation that the proponent has provided a copy of any
completed archaeological assessment report to those communities with the
closest cultural affiliation to the identified archaeological resources and in
whose traditional territories the archaeological resources were found; and,
d) notify, in advance, of on-site archaeological assessment work completed as
part of Municipality of Bayham public works projects, Indigenous
communities with the closest cultural affiliation to the project area and/or
archaeological resources and in whose traditional territories the
archaeological resources were located.
9.4 Climate Change
The Municipality recognizes the potential impacts of climate change on human health as
well as 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:
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a) 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;
b) 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;
c) 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; and,
d) Council will encourage energy production technologies and form as set out in
Subsection 6.6 as an approach to reduce the GHG emissions in the Municipality.
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The following areas are shown on the accompanying Schedules of this Plan as “Specific Policy
Areas” and illustrated with a mapping symbol/number which corresponds to the applicable
specific policy area as outlined in this section below. The policies will outline the geographic
location and area to which the policies apply.
10.1 Specific Policy Area No. 1 – Elliott Road
Notwithstanding the “The Rural Area” policies of this Plan to the contrary, the lands
comprising approximately 43 hectares in Part Lot 15, Concession 10 of the Municipality
of Bayham and bounded by Green Line to the north, Provincial Highway 3 to the south,
Elliott Road to the east and a wooded area to the west, and occupied by nineteen (19)
existing non-farm residential dwellings may accommodate a total of twenty (20) non-
farm dwellings in the area designated as “Specific Policy Area No. 1” on Schedule “B” of
this Plan.
10.2 Specific Policy Area No. 2 – Port Burwell Harbour
In addition to the policies of Section 8, the lands within the “Hazard Lands” designation
in Port Burwell which are generally situated south of Robinson Street, and east of the Big
Otter Creek and extending into Lake Erie, are designated as “Specific Policy Area No. 2”
on Schedule “B3” of this Plan, and may be used to develop a marina and ancillary
facilities. These lands will remain in a holding zone until such time as the conditions
regarding development as outlined in Section 8 of this Plan can be accommodated to the
satisfaction of the Municipality, in consultation with the Province and the Conservation
Authority.
10.3 Specific Policy Area No. 3 – Chateau Wyndemere
The re-development of the former church retreat lands comprising 22.1 hectares of land
located south of Nova Scotia Line in Part Lot 6, 7, 8, Concession 1, designated as
“Specific Policy Area No. 3” on Schedule “B” of this Plan, will require an Official Plan and
Zoning By-law Amendment prior to any development. The approval authority will
identify the required studies, through pre-consultation, prior to any amendment to this
Plan, which shall include, at a minimum, the following.
a) Studies completed to the satisfaction of the Ministry of Environment, Conservation
and Parks and the Municipality with respect to the proposed sewage and water
services in accordance with Section 3 and 6.4 of this Plan;
b) Completion of an Environmental Impact Study (EIS) in accordance with Section 5 of
the Official Plan;
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c) Cultural and archaeological assessments to be completed to the satisfaction of the
Ministry of Tourism, Culture and Sport as per Subsection 9.3 of this Plan;
d) An agricultural impact assessment, to be completed to the satisfaction of the
approval authority;
e) Adequate and appropriate access to a public road;
f) A development agreement entered into between the developer and the
Municipality, which shall address, but is not limited to, vehicular access to the lands;
and
g) Pedestrian access to Port Burwell Provincial Park, from the subject property, to be
reviewed by the Ministry of Natural Resources.
10.4 Specific Policy Area No. 4 – New England
Notwithstanding the “The Rural Area” policies of this Plan to the contrary, the lands
comprising Part Lot 24 & 25, Concession 9 of the Municipality of Bayham and designated
as “Specific Policy Area No. 4” on Schedule “B” to this Plan may be used for the purposes
of non-farm residential development on an infilling basis to a maximum of five (5) new
lots. The exact boundary of “Specific Policy Area No. 4” will be outlined in the Zoning By-
law. The proponent must demonstrate that MDS I has been satisfied.
10.5 Specific Policy Area No. 5 - 10729 Plank Road
In accordance with Subsection 3.10.2 of this Plan, the establishment of industrial land
uses in the rural area outside of the “Strategic Employment Areas” designation, located
at CON 8 PT LOT 20 RP 11R7041; PART 2 and municipally known as 10729 Plank Road
(County Road 19) and designated as “Specific Policy Area No. 5” on Schedule “B” of this
Plan, are permitted to use the lands for mechanical services business office and
warehouse industrial use, subject to a Zoning By-law Amendment. The use shall be
permitted specific to the subject lands in the implementing Zoning By-law prior to Site
Plan Approval being obtained. The lands subject to this Amendment may also be used,
developed, and zoned to permit the mechanical services office and warehouse use in
addition to the permitted uses of the Estate Residential designation.
10.6 Specific Policy Area No. 6 – 53443 Heritage Line
Notwithstanding Subsection 3.3.9.1.c), the dwelling located in Pt. Lot 109, Concession 6,
STR, and known municipally as 53443 Heritage Line, and existing as of March 2015, is
designated as “Specific Policy Area No. 6” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality.
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10.7 Specific Policy Area No. 7 – 54728 Best Line
Notwithstanding Subsection 3.3.1 and Subsection 3.3.9.1, the existing dwelling located
in Part S½, Lot 9, Concession 10, and known municipally as 54728 Best Line, is
designated as “Specific Policy Area No. 7” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling and zoned for residential use, whereas a new lot
represents the second surplus farm dwelling severance from the original farm parcel
known municipally as 54744 Best Line, and whereas new lots and new residential uses
are not permitted in the “Agricultural Area” designation.
The lands subject to this Amendment and designated "Agricultural Area" may be used,
developed and zoned in accordance with surplus farm dwelling policies of Subsection
3.3.9.1 of this Plan, as amended.
10.8 Specific Policy Area No. 8 – 55106 Vienna Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Concession 2, Part of Lots 10
and 11 and known municipally as 55106 Vienna Line, and existing as of May 2023, is
designated as “Specific Policy Area No. 8” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality.
10.9 Specific Policy Area No. 9 – 53291 Nova Scotia Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Concession 1, Part of Lot 3
and known municipally as 53291 Nova Scotia Line, and existing as of October 19, 2023, is
designated as “Specific Policy Area No. 9” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality
10.10 Specific Policy Area No. 10 – 4964 and 4968 Plank Road
Notwithstanding Subsection 3.3.11, the existing dwelling located in Concession 2, Part
Lot 14, and municipally known as 4964 and 4968 Plank Road, is designated as “Specific
Policy Area No. 10” on Schedule “B” of this Plan, which may be used as a Large Scale
Farm Labour Accommodation to house up to a maximum of twenty-nine (29) seasonal
workers during the apple growing season being transported to and from leased farm
parcels in the area, in the existing dwelling with gross floor area maximum of 305 m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
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10.11 Specific Policy Area No. 11 – 56237 Chute Line
Notwithstanding Subsection 3.3.11, the farm labour dwelling located in Concession 3,
Lot 19 and 20, and municipally known as 56237 Chute Line, is designated as “Specific
Policy Area No. 11” on Schedule “B” of this Plan, which may be used as a Large Scale
Farm Labour Accommodation to house up to a maximum of twenty-four (24) seasonal
workers during the apple growing season being transported to and from leased farm
parcels in the area, in the a dwelling with gross floor area maximum of 322 m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
10.12 Specific Policy Area No. 12 – 2 Robinson Street and 3 Erieus Street
Notwithstanding Subsection 4.4.3, the townhouse condominium development on lands
known historically as LT 6 & 7 E/S ROBINSON ST PL BAYHAM T/W E204755 & PT LT 7 W/S
ERIEUS ST PL 12 BAYHAM PT 2 11R3556; BAYHAM or 2 Robinson Street and 3 Erieus
Street may have a net residential density of 48 units per hectare, (including a southern
portion of 2 Robinson Street lands) with a total lot area maximum of 2,760 m2.
The lands subject to this Amendment as designated “Specific Policy Area No. 12” on
Schedule “B3” of this Plan may be used, developed, and zoned to permit a maximum 13-
unit townhouse condominium development
10.13 Specific Policy Area No. 13 – 55032 Vienna Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Part Lot 10, Concession 3
and known municipally as 55032 Vienna Line, and existing as of February 2024, is
designated as “Specific Policy Area No. 13” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, where more than one dwelling and severance of a
surplus farm dwelling had previously occurred on the farm parcel as a result of a farm
consolidation.
10.14 Specific Policy Area No. 14 – 55942 Maple Grove Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Part Lot 19, Concession 8
and known municipally as 55942 Maple Grove Line, and existing as of August 2024, is
designated as “Specific Policy Area No. 14” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, where the existing single-detached dwelling has
been built and occupied for less than a minimum of ten (10) years prior to the date of a
consent application.
10.15 Specific Policy Area No. 15 – Tier I & II Settlement Areas
Prior to the approval of any development, the Municipality shall require the preparation
and approval of a Servicing Study, which shall demonstrate available capacity of existing
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full or partial water and sanitary sewage systems in accordance with the policies of this
Plan, and that the costs of any required upgrades or extensions of existing servicing shall
be at the expense of the applicant.
10.16 Specific Policy Area No. 16 – 92 Edison Drive
In addition to the policies of Subsection 4.4.5, the lands identified as Part Block F N/S
Creek Rd Plan 54 Designated as Parts 23 and 24 11R6158 and Part 1 11R6159; S/T
LT38430; Bayham, and municipally known as 92 Edison Drive, shall permit the
development of a micro-distillery use with an ancillary Interpretation and Information
Centre on private services.
10.17 Specific Policy Area No. 17 – 56149 Glen Erie Line
Notwithstanding Subsection 3.3.11, the lands located in Concession 1, Lot 19, and
municipally known as 56149 Glen Erie Line, is designated as “Specific Policy Area No. 17”
on Schedule “B” of this Plan, which may be used, developed, and zoned to permit a
Large Scale Farm Labour Accommodation in addition to the three existing Farm Labour
Accommodation dwellings to house seasonal workers during the growing season being
transported to and from leased farm parcels in the area. The proposed Large Scale Farm
Labour Accommodation dwelling shall have a gross floor area maximum of 302m2. The
combined gross floor area of all Farm Labour Accommodation dwellings, including the
new Large Scale Farm Labour Accommodation dwelling and existing three Farm Labour
Accommodation dwellings may not exceed a maximum of 500m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
10.18 Specific Policy Area No. 18 – 11045 Bayham Norfolk Boundary Road
Notwithstanding Subsection 3.3.11.1, the lands located in Concession 8, Lots 27 & 28,
and municipally known as 11045 Bayham Norfolk Boundary Road, is designated “Specific
Policy Area No. 18” on Schedule “B” of this Plan, which may be used, developed, and
zoned to permit a Large Scale Farm Labour Accommodation dwelling to replace one
temporary Farm Labour Accommodation dwelling, to house seasonal workers during
the growing season being transported to and from leased farm parcels in the area. The
proposed Large Scale Farm Labour Accommodation dwelling shall have a gross floor area
maximum of 550m2. The combined gross floor area of all Farm Labour Accommodation
dwellings, including the new Large Scale Farm Labour Accommodation dwelling and the
existing Farm Labour Accommodation dwellings may not exceed a maximum of 615m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
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It is the intent of this Plan to serve as the basis for managing change in the Municipality of
Bayham until 2051. Any amendment proposed to this Plan shall conform to the Plan’s overall
intent as set out in the objectives of this Plan. The Plan may be altered to correct errors in the
text or Schedules/Appendices without an amendment, provided the alterations do not change
the effect of the objectives and policies of the Plan.
11.1 Delegation of Authority
11.1.1 The Municipal Council may delegate any of the authority vested with Council by
the Planning Act, which authority is permitted to be delegated by the said Act, as
Council deems appropriate during the planning period.
11.1.2 The delegation of Council’s authority pursuant to the Planning Act, may be
assigned by resolution of Council in compliance with the said Act, to any of the
following: a committee of the whole or part of Council; a planning advisory
committee which may or may not include non-elected ratepayers of the
Municipality; the Municipal Clerk; the Municipal Building Inspector and/or By-law
Enforcement Officer; a Committee of Adjustment; the Elgin County Land Division
Committee; or any other eligible person or persons as permitted by the
provisions of the Planning Act, and as Council deems appropriate.
11.2 Monitoring and Review of the Official Plan
The policies of the Plan are based on the goals and objectives of the Municipality within
a regulatory environment that is subject to change over time. Therefore, Plan monitoring
and review is required to identify trends in planning issues in the Municipality of
Bayham, to analyze the effectiveness of the policies of the Plan, and to allow for
adjustments and updating.
11.2.1 Monitoring and Review
11.2.1.1 The Municipality will review and update the policies of this Plan in accordance
with the Planning Act. The purpose of monitoring is to evaluate the effectiveness
and relevance of the Plan in meeting the Municipality’s goals and objectives. The
Municipality will cooperate with the County of Elgin in the maintenance of an
information system to allow for the appropriate analysis of the changes in the
social, economic, environmental, and technological conditions in the
Municipality of Bayham.
11.2.1.2 Council shall determine the need to revise the Official Plan in whole or in part in
consultation with prescribed public bodies and hold a special meeting of Council
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that is open to the public, at intervals of not more than every five (5) years. In
considering the need for revisions, the Municipality shall also consider Section 26
of the Planning Act which requires that the Official Plan:
a) is consistent with the Provincial Planning Statement;
b) has regard to the matters of provincial interest listed in the Planning Act; and,
c) conforms with the County of Elgin Official Plan.
11.2.2 Technical Revisions and Amendments
Technical revisions to this Plan will not require an Official Plan Amendment
provided they do not change the purpose and intent of the Plan. Technical
revisions include:
a) Changing the numbering, cross-referencing and arrangement of the text,
tables, and Schedules;
b) Altering punctuation or language for consistency;
c) Correcting grammatical, dimensional and boundary, mathematical or
typographical errors that do not affect the intent or policies or Schedules;
d) Adding technical information to Schedules;
e) Changing format or presentation;
f) Unless otherwise stated in the policies of this Plan, when the general intent
of this Plan is maintained, minor adjustments to boundaries will be updated
by way of consolidation reporting;
g) Minor refinements to the boundaries of Natural Heritage System, hazardous
lands or hazardous sites in accordance with the policies of this Plan and any
agency having jurisdiction;
h) Consolidating approved Official Plan Amendments in a new document
without altering any approved policies or Schedules.
11.2.3 Amendments to the Official Plan
An amendment to this Plan is required to permit a change in land use; allow for
uses not permitted and/or in accordance with the policies of this Plan; and to
change Settlement Area boundaries in accordance with the policies of this Plan
and the Planning Act. Amendments to this Plan shall be evaluated based on the
following general criteria:
a) Compliance with the requirements of the Planning Act and any other
applicable piece of legislation;
b) Demonstrated consistency with the Provincial Planning Statement, as
amended;
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c) Demonstrated conformity with the policies and land use designations of the
County Official Plan;
d) Demonstrated conformity with the overall intent of the strategic direction,
objectives, and the policies in each Section of this Plan; and how it conforms
to any other applicable Municipal by-laws, plans, and guidelines;
e) The need for the proposed use including justification for the amount of land
proposed for a change in designation based on existing undeveloped lands
available in alternative locations in the Municipality designated for the
proposed use;
f) The cumulative impact of approving similar development applications,
subject to any restriction of such consideration in provincial polices or this
Plan;
g) The adequacy of infrastructure and community facilities to support the
proposed use in accordance with the policies of this Plan;
h) The potential effect of the proposed use on the financial sustainability of the
Municipality;
i) The impact of the proposed use on the Municipality’s ability to achieve the
density targets as expressed in this Plan;
j) The ability of the application to address and satisfy the comments and input
received by commenting agencies and bodies;
k) Demonstration that input from the public has been reviewed and considered;
l) Demonstration that the plan or amendment is in the public interest; and,
m) Any other criteria determined to be relevant and applicable by the
Municipality in consultation with Indigenous communities and any agency
having jurisdiction.
11.3 Consultation and Participation
11.3.1 Public Participation & Consultation
It is a policy of this Plan that public participation should be an integral
component of any planning process. On this basis, before making any planning
decision, Council shall be satisfied that:
a) adequate public notice has been given in accordance with the Planning Act;
b) enough information to enable the public to reasonably understand the
nature of the proposal and its impacts is available prior to any public
meeting;
c) all public and agency comments have been reviewed and analyzed; and,
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d) their decision will appropriately balance the overall public interest against the
private interests expressed in the application.
Proponents shall be encouraged to pre-consult with neighbouring landowners
and residents to obtain their views before a formal application is submitted.
11.3.2 Indigenous Consultation
The Municipality will explore opportunities for collaboration on common
objectives and build relationships with Indigenous communities to advance
reconciliation and other joint interests. To that end, the Municipality will:
a) create, in collaboration with area Indigenous communities and the County, an
engagement protocol to be applied when engaging and coordinating with
Indigenous communities on planning matters;
b) have regard for the consultation protocols of Indigenous communities that
have traditional territory in the Municipality when engaging on planning
matters or public works projects; and,
c) engage with Indigenous communities and consider their interests when
identifying, protecting, and managing cultural heritage resources and
archaeological resources, planning for sustainability and climate change, and
the Natural System.
11.4 Interpretation
This Plan is the Municipality of Bayham’s statement of land use policy. As a statement of
policy, some general flexibility in interpretation may be required from time-to-time to
address site-specific or unforeseen circumstances. Where flexibility is warranted, it may
be considered at the sole discretion of Municipal Council provided that the intent of the
policies and objectives of this Plan are maintained.
11.4.1 Defined Terms
Where a word or term in is not defined or described in the body of this Plan, the
reader shall refer to the Planning Act, Provincial Planning Statement, or the
appropriate County or provincial implementation guideline for its definition.
Where there is no definition found, the common definition of the word or term
shall be used.
11.4.2 Land Use Designations
The boundaries between land uses designated on the Schedules to this Plan are
considered approximate except where they meet with roads, railway lines, rivers,
transmission lines, lot lines or another clearly defined physical feature. Where
the land use designations coincide with such physical features as roads, rivers
and other defined geographical features, the boundaries will be deemed to be
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the centre line of that feature. Where the general intent of the document is
maintained, minor adjustments to boundaries will not require an amendment to
this Plan
11.4.3 Settlement Area Boundaries
The boundaries of all Settlement Areas on the Schedules of this Plan are deemed
to be definitive.
11.4.4 Expanding Servicing to Tier II & III Settlement Areas
Where full or partial municipal services are established in, or expanded to, a Tier
II or III Settlement Area the following shall apply:
a) Where full services are provided to a Tier II Settlement Area, the subject
settlement area shall be interpreted as being a Tier I Settlement Area for the
purposes of this Plan; and,
b) Where full or partial services are provided to a Tier III Settlement Area, the
subject settlement area shall be interpreted as being a Tier I or II Settlement
Area, as the case may be, for the purposes of this Plan.
In such cases, no amendment to this Plan shall be required and the Municipality
shall update Schedule “A” and any impacted sections of this Plan through a
housekeeping exercise either independently, or as part of a statutory update to
this Plan. Until such time as this Plan has been updated, the revised status of the
formerly Tier II or Tier III Settlement Area(s) shall be deemed to conform to this
Plan.
11.4.5 Natural System Boundaries
It is recognized that the boundaries of the Natural System, are approximate or
may not reflect the current boundary of the system or feature due to the
dynamic nature of the system or feature. Changes to the limit or the significance
classification of individual components of the Natural System may be considered
through the findings of a sub-watershed study or environmental impact
statement completed to the satisfaction of the Municipality. If a change to the
limit or classification of a component of the Natural System has been
demonstrated to be appropriate the revised limit or classification shall prevail,
and no amendment to this Plan shall be required.
11.4.6 Hazardous Sites and Lands
Like the Natural System, the limits of hazardous sites and lands are approximate
or may not reflect the current boundary of the site or lands due to the dynamic
nature of these hazards. Where the boundaries of areas designated as “Hazard
Lands” are in doubt, the Municipal Council or its delegate shall consult with the
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Conservation Authority having jurisdiction and/or the Ontario Ministry of Natural
Resources to determine whether the Hazard Lands policies apply
11.4.7 Features Not Mapped
In some cases, some features noted in this Plan may not be mapped due to lack
of complete data, such as natural system features, aggregate resource areas, and
contaminated / potentially contaminated sites. Additionally, a feature may not be
mapped due to sensitivity of a feature such as the habitat of threatened or
endangered species. The policies of this Plan apply to the relevant features
regardless of whether they are mapped on the schedules of this Plan and no
official plan amendment shall be required to identify these features.
11.4.8 Road Locations
The location of the roads as illustrated on the schedules of this Plan shall be
considered as approximate. Amendments to this Plan will not be required to
make minor adjustments or deviations to the locations of roads provided that the
general intent of the Plan is maintained.
11.5 Pre-Consultation and Complete Application Requirements
11.5.1 Pre-Consultation Application
While mandatory pre-consultation with Municipal Staff is not a requirement of
the Planning Act for development applications, the Municipality strongly
encourages that proponents consult with the approval authority and relevant
agencies prior to submitting a formal application in order to determine what
studies, plans, and materials are required to support a complete application, as
set out in Section 11.5.2 of this Plan and in accordance with the Planning Act.
11.5.2 Complete Applications
11.5.2.1 Council and/or its delegate shall not declare any application made under the
Planning Act to be a “complete application” until Council is provided with
information, studies or drawings specified in the Planning Act or this Plan that
are deemed necessary to inform the public and decide on the application.
Supporting studies which may be required are listed in Section 11.5.3 of this
Plan. Until an application is submitted that addresses pre-consultation and
complete application requirements as specified by this Plan and the Planning Act,
Council and/or its delegate shall deem such applications to be incomplete and
shall be returned to the applicant.
11.5.2.2 The following supporting information, at a minimum, shall be required as part of
a complete application submission:
a) Prescribed application fee;
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b) Completed application form together with requisite authorizations, and cost
acknowledgement agreement if necessary;
c) Prescribed information and material as required by Planning Act regulations;
d) Covering letter, which outlines the nature of the application and details of the
pre-consultation meeting (if applicable);
e) Concept plans and/or drawings;
f) Identification of the new parcels that are to be created as part of a consent
application;
g) Copy of the property deed;
h) Any other studies, reports, and/or plans as identified as necessary from the
list in Subsection 11.5.2.3 as may be determined through pre-consultation;
and,
i) A copy of the PIN from the Ontario Land Registry for the subject lands.
The determination of a “Complete” Application does not infer support of the
application by the Municipality or that an application will be approved by
Council. A Notice of a Complete Application issued to the applicant simply
recognizes that the required information has been provided by the applicant.
11.5.2.3 The following supporting information may be required as part of a complete
application, as may be determined through pre-consultation:
a) Aggregate Resource Assessment;
b) Aggregate Impact Assessment;
c) Agricultural Impact Assessment;
d) Archaeological Assessment;
e) Concept or Demonstration Plan;
f) Cumulative Groundwater Impact Assessment;
g) Draft Plan of Subdivision or Condominium;
h) Energy & Emissions Strategy;
i) Environmental Impact Study;
j) Environmental Site Assessment;
k) Financial Impact Assessment;
l) Functional Servicing Report;
m) Geotechnical Assessment;
n) Heritage Impact Assessment;
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o) Heritage Conservation Plan;
p) Hydrogeological Assessment;
q) Land Use Compatibility Assessment;
r) Market Impact Study;
s) Market Justification Study;
t) Master Servicing Study;
u) Noise & Vibration Study;
v) Odour Assessment;
w) Planning Rationale or Justification Report;
x) Parking Assessment;
y) Reference Plan or Real Property Survey;
z) Rehabilitation Plan (natural resource extraction);
aa) Servicing Options Study;
bb) Species at Risk Assessment;
cc) Stormwater Management Plan;
dd) Sub Watershed Study;
ee) Sustainability Strategy;
ff) Topographic Survey;
gg) Traffic Impact Assessment; and,
hh) Urban Boundary Review Study.
Additional information not identified in the list above may be required at the
discretion of the Municipality and any other agency having jurisdiction.
11.5.3 Supporting Studies
The following policies apply to supporting studies, information and materials
submitted as part of development applications:
a) Certain supporting studies, information and materials will be required as part
of a development approval process or as part of a detailed planning study as
identified throughout this Plan. The need, timing and scope of such
supporting studies, information and materials will be determined by the
Municipality, in consultation with external agencies and the Conservation
Authority having jurisdiction, on a site-specific basis in consideration of the
site’s land use context and regard to the policies of this Plan;
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b) When the pre-consultation process for a proposed development approval
application identifies the need for one or more support studies, the
application will not be considered complete for processing purposes until the
required supporting studies, information and materials are prepared and
submitted to the satisfaction of the Municipality and the Conservation
Authority having jurisdiction. Notification of a Complete Application will be
given to the applicant and all other parties by the Municipality in accordance
with the Planning Act;
c) Applicants seeking development approval will be advised of the required
supporting studies, information and materials as part of the pre-application
consultation process or, if subsequently deemed necessary, prior to
scheduling a prescribed public meeting;
d) Supporting studies may vary in scope, depending upon the size, nature and
intent of the development approval application and the site’s land use
planning context. Applicants of development approval applications will be
advised by the Municipality of the required supporting study contents during
the pre-consultation process;
e) The Municipality will ensure that supporting studies, information and
materials provided by an applicant of a development approval application
that has submitted a complete application for development approval will be
made available to the public for review;
f) Where a supporting study or report is required, it shall be prepared by a
qualified professional in the relevant field and shall have regard to all federal
and Provincial legislation, policies and guidelines and best management
practices within the field. Where a supporting study is required, it shall be at
the full cost of the applicant; and,
g) In some cases, Council and/or Municipal Staff may require a supporting study
required under the provisions of this Plan to be peer reviewed. Peer review is
a process used to evaluate the work performed by one’s peers to ensure it
meets specific criteria. The requirement for a peer review should be
identified during the pre-consultation process or following the formal
application submission and first review of supporting studies. The need for a
peer review should be based on; The complexity of the application; the
nature of the impacts that may result from an application; and/or, where
there is no in-house expertise to review the technical report.
The purpose of the peer review process is to:
• Confirm that it has been prepared by a qualified professional;
• Ensure that accepted technical guidelines, standards, methodologies, or
procedures have been followed;
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• Check that appropriate data was utilized or if other data could have been
used and if the information was properly analyzed;
• Check that relevant existing comprehensive studies for the area have
been utilized or cross referenced; and,
• Determine if the technical conclusions are reasonable and if appropriate
recommendations are included or are necessary.
The peer review process can involve review of the entire study or be limited
to specific sections of a report. The Municipality reserve the right to choose
the extent to which a study is scrutinized. Where Council and/or Municipal
staff has required that a peer review be completed, the proponent of the
planning application will pay for the costs of the peer review studies,
including the costs of reviewing the Terms of Reference.
The approval authority may require additional information at any time prior
to a decision.
11.6 Planning Administration and Tools
11.6.1 Comprehensive Zoning By-Law and Amendments
11.6.1.1 Under the Authority of Section 34 of the Planning Act, a Comprehensive Zoning
By-law may be used to implement the policies of this Plan. The Municipality of
Bayham’s Comprehensive Zoning By-Law shall be updated to ensure
implementation of this Plan or other applicable plans or studies.
11.6.1.2 Approval of a Zoning By-Law Amendment is required where development or a
use is proposed that does not meet the permitted uses and regulations in the
Zoning By-Law.
11.6.1.3 In accordance with the Planning Act and upon approval of enabling regulations,
the Municipality may impose conditions on zoning and may require an
agreement related to the conditions which may be registered on the title of the
property.
11.6.2 Non-Conforming Uses
11.6.2.1 It is the intention and expectation of the Municipality that legal non-conforming
use(s), buildings, shall eventually cease to exist and be replaced by uses that
conform with this Plan.
11.6.2.2 Notwithstanding any policies in this Plan to the contrary, any lands used for
legally existing purposes in any designation for which no provision is made by this
Plan for such activity to be permitted, the lands may continue to be used for such
purpose and shall be recognized as a legal non-conforming use(s). If such legal
non-conforming use(s) cease to exist or are interrupted by an otherwise legal
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land use(s), then the legal non-conforming status shall lapse, and rights derived
from such use(s) shall terminate.
11.6.2.3 Council, or its delegate, may pass by-laws or otherwise facilitate the extension
and/or enlargement of such use(s) within the confines of the lands on which the
activity is located without an amendment to this Plan provided that the applicant
has demonstrated:
a) The use would not pose public health or safety risks or negative impacts on
groundwater and surface water quality and quantity, and is not located
within or adjacent to hazardous lands, hazardous sites, or human-made
hazards;
b) The use is compatible with and would not result in adverse effects on a
sensitive land use or the establishment or expansion of major facilities;
c) The use can accommodate parking with no negative traffic impacts; and
d) There is a demonstrated need for the use and adequate screening and
buffering can be accommodated.
11.6.3 Holding Provision By-laws
11.6.3.1 Holding provisions, in accordance with Section 36 of the Planning Act, may be
applied in conjunction with any land use designation and are applied through the
implementing Zoning By-Law to specify the use to which lands, buildings, or
structures may be put at such time as the holding (h) symbol is removed. A
holding provision may be applied where the Municipality has determined the
suitable and specific land use for an area or parcel of land, but has determined
that development of the lands for the intended use is premature until certain
requirements and/or conditions are fulfilled.
11.6.3.2 Holding (h) symbols may be utilized for any lands within the Municipality of
Bayham, whether developed or undeveloped.
11.6.3.3 Holding (h) symbols will not affect the existing use(s) of land provided those
use(s) are carried on without a significant period of interruption.
11.6.3.4 Such requirements and conditions applied through the holding provisions may
include, but are not limited to:
a) Provision of adequate water, wastewater, and other services as required to
support the proposed development;
b) Appropriate phasing of the development;
c) Completion of conditions, studies or requirements related to traffic,
infrastructure, drainage, agriculture, environmental issues, the natural
heritage system, conservation of cultural heritage resources, urban design,
and/or archeology; and,
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d) Entering into a development agreement with the Municipality of Bayham.
11.6.3.5 The removal of a holding provision will occur by By-Law where Council, or its
delegate, is satisfied that all conditions or requirements have been satisfied and
that development will occur in accordance with the objectives of the Plan and
any applicable agreements. Notice shall be given in accordance with the
requirements of the Planning Act and the polices of this Plan.
11.6.3.6 When lot creation occurs through the consent procedures of this Plan, the
holding provision may be removed when the applicant has satisfied all the
conditions of the approval, including any requirements to enter into
development agreements.
11.6.3.7 Until such time as the holding symbol is removed, the by-law may permit or limit
interim uses. The interim uses may include existing uses and minor expansions of
the uses where they will not jeopardize the ultimate intended use and
development of the lands.
11.6.3.8 Additional regulations apply to the lands during the period in which the holding
provision is in place may also be set out in the implementing By-Law.
11.6.4 Interim Control By-laws
The Municipality may pass Interim Control By-Laws, in accordance with Section
38 of the Planning Act, to place immediate restrictions on the use of certain
lands or on certain land uses where the Municipality has directed that a study or
studies related to land use planning be undertaken. An Interim Control By-Law
may be passed for a period of up to one year and extended provided the by-law
does not go beyond two years of its original date of passage.
11.6.5 Temporary Use By-laws
11.6.5.1 The Municipality may pass Temporary Use By-laws, in accordance with Section 39
of the Planning Act, to authorize the temporary use of land, buildings, or
structures for a period of time not exceeding three (3) years from the date of the
passing of the Temporary Use By-law. Council may grant further periods of time,
not more than three years each, during which the temporary use may be
allowed. Temporary Use By-laws may be passed for:
a) Purposes that are otherwise prohibited by this Plan or the implementing
Zoning By-Law.
b) Council, or its delegate, to assess a use which is unfamiliar to determine
whether the use should be considered as a conforming use by site-specific
amendment to this Plan or implementing Zoning By-Law upon the expiry of
the temporary authorization or whether the use should be extended or
discontinued.
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c) Pilot projects and tracking of uses that may be of interest to the Municipality
but require further studies and information prior to permanent permissions
being enacted.
d) The temporary use of vacant land for a purpose which is not otherwise
permitted by this Plan, pending the future development of the land.
e) A mobile home for temporary residential accommodation pending the
completion of a permanent dwelling.
f) A mobile home or travel trailer to be used as a site office, or for
accommodation for a caretaker or watchman during a large construction
project.
11.6.5.2 Temporary use by-laws may be passed provided the applicant has demonstrated
that the following requirements have been met:
a) The proposed use shall be temporary and shall not entail major construction
or investment, such that the owner shall not experience undue hardship in
reverting to the permitted uses upon the termination of temporary use by-
law;
b) The proposed use is compatible with the surrounding land uses;
c) The proposed use can be adequately serviced,
d) The proposed use shall not have adverse effects, shall not cause a public
health and safety risk, is not within or adjacent to a human-made or natural
hazard, and is in accordance with the Natural System policies; and
e) The proposed use shall not adversely affect traffic or on-site parking
11.6.5.3 An applicant may be required to enter into an agreement with the Municipality
and post securities, if necessary, to ensure that structures associated with a
temporary use provision are removed upon expiry of the By-Law.
11.6.5.4 Approval of a Temporary Use By-law shall not be construed to permit the
continued use of the land, buildings, or structures for the purposes as set out
within the Temporary Use By-law beyond the time period(s) authorized by the
by-law as such uses are not legal non-conforming uses in accordance with the
Planning Act.
11.6.5.5 Council may delegate its authority to administer these procedures to an
appointed Committee, officer, or employee identified by by-law.
11.6.5.6 In accordance with Section 39.1 of the Planning Act, and notwithstanding the
three (3) year limit provided in Section 11.6.5.1, the Municipality may authorize
the temporary use of a garden suite for a period of time that typically does not
exceed 10 years and shall not exceed 20 years from the date of the passing of the
by-law.
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Further to Section 11.6.5.3, the agreement with the Municipality may deal with
such matters relating to the temporary use of the garden suite as the
Municipality considers necessary or advisable, including,
a) The installation, maintenance and removal of the garden suite;
b) The period of occupancy of the garden suite by any of the persons named in
the agreement; and,
c) The monetary or other form of security that the Municipality may require for
actual or potential costs to the Municipality related to the garden suite.
11.6.6 Plans of Subdivision, Plans of Condominium and Part Lot Control
11.6.6.1 The division or creation of lots through the plan of subdivision process are
governed by Section 51 of the Planning Act. In accordance with the provisions of
Section 51(9) of the Planning Act, the County of Elgin is the approval authority
for plans of subdivision, plans of condominium, and part lot control for lands
within the County. Council or its delegate shall provide comments to the County
on applications made under Section 51 of the Planning Act.
11.6.6.2 Lot creation by plan of subdivision is generally required if:
a) the extension of existing infrastructure (i.e. servicing or roads) or the
development of new infrastructure is required;
b) the area that is proposed to be developed is not considered to be infilling;
c) more than five lots including the retained lands are being created; and/or
d) the owner is retaining sufficient lands for the development of additional lots
in accordance with the land use designation in this Plan.
11.6.6.3 In addition to those criteria contained in Section 51(24) of the Planning Act,
Council will evaluate applications for plans of subdivision based on criteria that
includes, but is not limited to, the following:
a) The plan of subdivision is consistent with the objectives and conforms to the
policies of this Plan;
b) The plan of subdivision can be adequately serviced with and makes suitable
provision for services including, but not limited to, public streets, water,
storm sewers, waste collection and disposal, public utilities, fire and police
protection, parks, schools, and other community facilities;
c) The plan of subdivision will be compatible with surrounding land uses and,
where possible, is designed to reduce any existing negative impacts on
surrounding land uses, the transportation network, or significant natural
features, subject to other policies of this Plan; and,
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d) The plan of subdivision is designed to integrate with adjacent lands having
compatible uses.
11.6.6.4 The policies of this Plan and the requirements of the Municipality of Bayham
regarding plans of subdivision will be implemented primarily through a
subdivider’s agreement between the Municipality and the subdivider, and
through the application of the Zoning By-law.
11.6.6.5 The part lot control provisions of the Planning Act have the effect of preventing
the division of land in a registered plan, other than that allowed for in the
approved plan of subdivision (without further approvals). Council or its delegate
shall provide comments to the County where an application is made for the
following types of applications for exemptions from part lot control:
a) the creation of lots for dwellings with common walls (e.g. semi-detached,
rowhouses, etc.) within an approved plan of subdivision;
b) minor lot realignments within a plan of subdivision;
c) technical severances, such as additions to lots, easements, or land
dedications within a plan of subdivision; and,
d) the creation of lots within blocks in a plan of subdivision that were clearly
indicated and intended to be further subdivided at the time the application
was considered by Council.
In addition, Council may consider the creation of additional lots in a plan of
subdivision through an application for exemption from part lot control due to
changes in market conditions provided Council is satisfied the resulting changes
will not affect the nature or character of the proposed subdivision and the
changes do not require further technical review of the plan of subdivision.
11.6.7 Consents
11.6.7.1 The granting of consents to sever and convey land in the Municipality of Bayham
shall continue to be the responsibility of the Elgin County Land Division
Committee, in accordance with Section 53 of the Planning Act. Council, or its
delegate, shall provide comments to the Elgin County Land Division Committee
on all applications for consent to sever and convey land in the Municipality of
Bayham.
11.6.7.2 The following general policies shall apply to consents:
a) A consent shall only be granted if the purpose for which the lands subject to
the consent are to be used is in conformity with this Plan and the provisions
of the Zoning By-law, and, when it is clear that a Plan of Subdivision or Plan of
Condominium need not be registered. Where a consent contravenes this Plan
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or the Zoning By-law, no consent shall be granted unless the Plan and/or the
Zoning By-law is amended and approved accordingly.
b) The policies of this Plan and the requirements of the Municipality regarding
consents may be implemented through a development agreement between
the Municipality and the applicant pursuant to the Planning Act.
c) A consent shall only be granted for mortgage purposes where it is capable of
satisfying the appropriate and applicable policies of this Plan and the
appropriate and applicable regulations of the Zoning By-law with respect to
the use to which the lands would be put if a separate lot is created.
d) A consent shall only be granted for the purposes of settling an estate where it
is capable of satisfying the appropriate and applicable policies of this Plan
and the appropriate and applicable regulations of the Zoning By-law with
respect to the use to which the lands would be put if the estate is settled and
a new lot or lots are created.
e) Consents for lot adjustments, lot additions, minor boundary changes,
easements and rights-of-way, or correction of title are permitted in any land
use designation, provided the severance does not result in the creation of a
new lot, the severed and retained parcels comply with the other
requirements of this Plan, the Zoning By-law, and where applicable, the
consent decision shall stipulate that Subsection 3 of Section 50 of the
Planning Act, be applied to any subsequent conveyance of the severed
parcel.
f) In the event a consent is granted which does not conform to the policies of
this Plan, the Municipal Council may appeal the decision to the Ontario Land
Tribunal.
g) Consents abutting or adjacent to a Provincial Highway must meet the policies
and guidelines of the Province of Ontario for access and are subject to permit
approval.
h) In accordance with the Planning Act, conditions of approval may be applied
to provisional approval of a severance and shall be fulfilled within the
mandated time frame as set out in the Planning Act. The Municipality may
require as a condition of approval, that the applicant enter into a
development agreement including the posting of securities with the
Municipality regarding such matters as deemed appropriate which may
include, but not be limited to: financial requirements; the provision of
infrastructure; a Site Plan for development; access, grading, drainage,
servicing and stormwater management; architectural design; conservation of
cultural heritage landscapes and resources, and archaeological resources;
completion and implementation of an environmental implementation plan or
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tree inventory, protection and compensation plan; sustainable building and
site design features; measures to protect health and safety; and any other
measures as deemed appropriate to enhance compatibility with the surround
community character.
11.6.8 Minor Variances
Under the Authority of Section 45 of the Planning Act, Council, or its delegate,
may grant Minor Variances from the provisions of any implementing by-law of
this Plan where it is of the opinion of Council, or its delegate, that the change
does not require a full amendment to the by-law, is minor in nature, maintains
the general intent and purpose of the Zoning By-Law, maintains the general
intent and purpose of this Plan, and conforms with any prescribed criteria.
11.6.9 Site Plan Control
11.6.9.1 Council will control the provision of certain site-related facilities and features
associated with all development through the mechanism of the Site Plan Control
By-law as provided for in the Planning Act.
11.6.9.2 The whole of the Municipality of Bayham is designated as a site plan control
area. The Municipality may, by by-law, exempt one or more land uses from Site
Plan Control.
11.6.9.3 Site Plan Approval will be required prior to the issuance of building permits for all
development located in the Site Plan Control Area and not exempt from Site Plan
Control as set out in the Site Plan Control By-law.
11.6.9.4 In accordance with the Planning Act and the policies of this Plan, the
Municipality may require applicants to submit such plans and drawings permitted
by the Planning Act as part of a complete application for Site Plan Control.
11.6.9.5 The Municipality may impose conditions in accordance with and outlined in
Section 41 of the Planning Act.
11.6.9.6 Widening of highways shall be required as a condition of site plan approval for all
development within the Site Plan Control Area abutting those roads described as
“Designated Road Allowances” in Section 6 of this Plan.
11.6.9.7 The Municipality may enter into such agreements as may be necessary to secure
appropriate conditions of Site Plan approval pursuant to the provisions of the
Planning Act.
11.6.9.8 When considering applications for site plan approval, the Municipality will co-
operate with the County, to ensure that the County has been given sufficient
opportunity to require the owner of the land to dedicate the land for road
widening purposes on roads that fall within the jurisdiction of the County and to
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require road access permits and agreements, as may be required by the County,
under the provisions of the Planning Act.
11.6.10 Secondary Plans
Secondary Plans may be prepared for any of the Tier I & II Settlement Areas to
plan for orderly growth and development and/or provide greater detail and
localized land use policies. The following policies apply to the preparation of
Secondary Plans:
a) Where a Secondary Plan is deemed to be required, Council shall first, by
resolution, establish a Secondary Plan Area for the purposes of initiating a
Secondary Plan study;
b) Where a Secondary Plan has been requested by the Municipality in support
of privately initiated development application(s), the costs of preparing the
Secondary Plan will be borne by the affected landowners.
c) The preparation of a Secondary Plan will consider existing land uses within
the Secondary Plan Area and may establish the location of key community
services and amenities including schools, parks and open space and related
uses.
d) Secondary Plans will be adopted as amendments to this Plan and read in
conjunction with this Plan in its entirety and shall conform to the Goals,
Objectives, and Policies of this Plan. Any specific policy guidance resulting
from the preparation of a Secondary Plan will be consolidated into this Plan
and the relevant schedules to this Plan will be amended or new schedules
may be added.
e) A Secondary Plan may be undertaken simultaneously with an undertaking
under the Environmental Assessment Act to satisfy the Environmental
Assessment requirements in a comprehensive and integrated process.
f) It is not the intent of this Plan to duplicate any requirements with respect to
an undertaking under the Canadian and/or Ontario Environmental
Assessment Act, including Environmental Screening, Environmental Review
and/or Individual Environmental Assessment requirements and Certificates of
Approval
11.6.11 Community Improvement Plans
Community Improvement provisions of the Planning Act give municipalities a
range of tools to proactively stimulate community improvement, rehabilitation
and revitalization. In designated Community Improvement Project Areas, the
preparation of Community Improvement Plans will provide the Municipality with
various powers to maintain and promote attractive and safe living and working
environments through community improvement. This includes the authority to
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offer incentives to stimulate or leverage private and/or public-sector investment.
The following policies shall apply:
a) Council may designate by By-law “Community Improvement Project Areas”,
the boundaries of which may be the entire Municipality or part of the
Municipality of Bayham. These areas will be eligible for “Community
Improvement”, as defined in the Planning Act.
b) Council may acquire, hold and prepare land for the purposes of community
improvement, or to facilitate private investment, within designated
Community Improvement Project Areas where appropriate;
c) Community Improvement Plans may contain incentive-based programs,
which may include grants, loans, property tax assistance, or other methods
deemed appropriate by the Municipality;
d) Through Community Improvement Plans, the Municipality may support the
planning or re-planning, design or redesign, re-subdivision, clearance,
development or redevelopment, construction, reconstruction and
rehabilitation, built heritage preservation, improvement of energy efficiency
or mitigation of greenhouse gas emissions, and provision of affordable
housing within a Community Improvement Project Area.
e) Within a Community Improvement Project Area, the provision of such
residential, commercial, industrial, public, recreational, institutional,
religious, charitable, or other uses, buildings, structures, works,
improvements, or facilities, and/or spaces, as may be appropriate or
necessary to achieve the improvement envisioned by the Municipality shall
be encouraged.
f) The relative need for community improvements will be considered in the
preparation of annual municipal capital expenditure budgets;
g) The Municipality will enforce its Property Maintenance and Occupancy
Standards By-law in order to maintain minimum standards of occupancy for
any class or type of building, structure, or land use within the Community
Improvement Area;
h) Council will consider the granting of variances and the use of innovative or
flexible zoning techniques as per the Planning Act, where such techniques
would support community improvement objectives;
i) Council will support proposals for infill development within the Community
Improvement Area when it has been demonstrated that such infill
development will not cause or contribute to land use conflicts;
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-20
j) The Council will consider delegations and proposals from organized
community groups who itemize deficiencies and needs in local leisure
resources and facilities;
k) Specific Community Improvement Projects will depend on the availability of
Federal and Provincial grant and/or loan programs, Municipal resources, and
on the relative need for physical improvements in specific areas.
11.6.12 Block Plans
11.6.12.1 At the discretion of the Municipality, growth and development on large tracts of
land, in designated greenfield areas, and/or outside of the Built Boundary or
Built-Up Area within Settlement Areas may require a comprehensive Block Plan
to be submitted, and prepared by the proponent at their expense in accordance
with the policies of this Plan, criteria of this section, and to the satisfaction of the
Municipality prior to the acceptance of a complete application and approval of a
development application. Prior to the preparation of a Block Plan, a Terms of
Reference shall be prepared by the proponent(s) of the development and
reviewed by the Municipality, which establishes specific details of the Block Plan
Process.
11.6.12.2 It is the intent of this Plan to use Block Plans as non-statutory documents that
form the basis of the comprehensive planning, vision, design, and approvals of
development for an area of land. This section has been created to standardize
and provide a general overview of the Municipality’s expectations for Block Plan
submissions to allow for efficient preparation, review, and processing of
applications. All other policies of this Plan shall be referenced to provide detailed
context on complete communities framework and design.
11.6.12.3 Criteria for the preparation of Block Plans is as follows:
a) To encourage comprehensive planning, a Block Plan may:
i. Identify the proposed land uses and density distribution, ensuring
that the density targets established throughout this Plan are achieved;
ii. Confirm the boundaries of the Municipality’s Natural Heritage System,
Natural Hazards and other Natural Heritage Areas to be protected
through completion of a Watershed and Subwatershed Plan or
equivalent studies;
iii. Identify, avoid and manage land use conflicts between major facilities
and sensitive land uses;
iv. Identify proposed parks, recreation facilities and uses, and trailways; ·
Identify a detailed road pattern;
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-21
v. Prepare a Block Servicing Strategy that is informed by Watershed and
Subwatershed Plan or the equivalent to outline the provision of
municipal services to support the development including water,
sewer, and storm water management;
vi. Provide a Design Report or similar that outlines the preliminary design
concepts and their relation to Cultural Heritage Landscapes and
Resources, Indigenous values, the small-town charm of the
Municipality, and an overall high quality design;
vii. Identify network and system connections, including transportation
and public space connections, to properties within and adjacent to
the Block Plan area;
viii. Where the Block Plan area includes multiple landowners, form the
basis for a Developer’s Group Agreement or similar; and
ix. All other items as identified in the Municipality’s approved Terms of
Reference.
b) The preparation of Block Plans shall conform to the policies of this Plan,
including any implementation tools, guidelines, by-laws or similar. The Block
Plan shall be prepared in accordance with a Terms of Reference as prepared
by the proponent(s) at the beginning of the Block Plan process and after Pre-
Consultation with the Municipality of Bayham, Indigenous communities, and
any agency having jurisdiction.
c) The Block Plan and applicable studies may form the basis for minor and
technical adjustments to the boundaries of land use designations without the
requirement for an amendment to this Plan, to the satisfaction of the
Municipality.
d) Further and supplementary to this Plan, the Municipality of Bayham may
develop a Comprehensive Terms of Reference for Block Plans to be added as
an Appendix to this Plan and whereby the submission of a Block Plan would
be subject to the terms of said Appendix as applicable.
11.6.13 Master Environmental Servicing Plans
Master Environmental Servicing Plans and similar studies are long range plans
undertaken prior to large-scale development that integrate infrastructure
requirements for existing and future land uses with environmental assessment
planning principles to ensure that land use planning achieves sustainable and
managed growth. The following policies shall apply to the preparation of Master
Environmental Servicing Plans:
a) Such studies shall reflect the goals, objectives, visions, and policies of this
Plan in a comprehensive manner. Studies must examine related infrastructure
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-22
systems such as transportation, water supply, sanitary sewers, stormwater
management, natural heritage systems, water resource systems, cultural
heritage resources, and urban design, to determine a comprehensive
framework for long range planning as part of development through the
secondary planning process.
b) Master Environmental Servicing Plans must be prepared prior to large-scale
development occurring on large tracts of land within Settlement Areas or
within a proposed Settlement Area Boundary expansion. For the purposes of
this policy, large-scale development shall not be limited to consideration of
singular properties but will generally mean development or redevelopment
of lands where the potential exists for a large-scale cumulative development
area, as determined by the Municipality of Bayham.
c) A Master Environmental Servicing Plan may be initiated by the Municipality
or undertaken by the private property owner(s) provided the Municipality
has deemed it appropriate through the Council endorsement of a Terms of
Reference for the study. The costs of preparing a Master Environmental
Servicing Plan will be borne by the private property owner(s), and not the
Municipality, unless it was initiated by the Municipality.
d) Master Environmental Servicing Plans shall be approved by Council in
consultation with Indigenous communities, Conservation Authorities, the
Federal and Provincial governments, local residents, business owners, and
adjacent municipalities where affected.
e) Development within the boundaries of a Master Environmental Servicing
Plan shall demonstrate conformity with the requirements and
recommendations of the Master Plan.
f) A Master Environmental Servicing Plan or similar study must be completed
prior to the acceptance of a complete application for a Planning Act
application with respect to large-scale development.
11.7 Property Acquisition, Parkland Dedication, and Disposal of Surplus Lands
11.7.1 Property Acquisition
11.7.1.1 The Municipality may acquire land to implement any element of this Plan in
accordance with the provisions of the Municipal Act, the Planning Act, Ontario
Heritage Act or any other Act.
11.7.1.2 In acquiring land, the Municipality shall consider all options for the acquisition of
land, including but not limited to: dedication; donations; assistance from other
levels of government, agencies, conservation organizations, charitable
foundations; density transfers; land exchanges; long-term leases; easement
agreements; purchase agreements; the bonusing provisions of the Planning Act,
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-23
subject to the other relevant policies of this Plan; partnerships; land trusts;
placing conditions on development approvals; and, expropriation.
11.7.2 Parkland Dedication
11.7.2.1 In order to acquire and develop parks and open space areas, the Municipality
shall require parkland dedication and cash-in-lieu of parkland in accordance with
the following polices and the Municipality’s parkland dedication by-law:
a) 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
600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent
cash-in-lieu, of the gross area of lands being subdivided for residential
purposes.
b) A dedication of two percent (2%) of the gross area of land proposed for
development or redevelopment or the equivalent cash-in-lieu, of the gross
area of lands being subdivided for commercial and industrial purposes.
c) Where land in a draft plan of subdivision 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.
d) 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.
e) 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:
i. Where the required land dedication fails to provide an area of suitable
shape, size or location for development as public parkland;
ii. Where the required dedication of land would render the remainder of
the site unsuitable or impractical for development; and,
iii. Where it is preferable to have consolidated parkland of a substantial
size servicing a wide area.
11.7.2.2 The following criteria shall be considered where on-site parkland dedication is
proposed:
a) Lands conveyed to the Municipality for park or other recreational purposes
shall be conveyed in a condition satisfactory to the Municipality, free and
clear of all encumbrances unless otherwise agreed to by the Municipality,
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meeting minimum standards in terms of drainage, grading and site
conditions;
b) The Municipality will not consider any land that has been or is to be conveyed
to the Municipality for stormwater management facilities, for flood plain or
conservation purposes, for highways, roadways, walkways, servicing or any
other non-parkland purpose, as contributing towards the required parkland
dedication;
c) The Municipality retains the right to not accept the conveyance of any land
that is considered by the Municipality to be unsuitable for park or public
recreation purposes and without restricting the generality of the foregoing,
and having any of the following features:
i. environmental features;
ii. hazardous or flood prone lands;
iii. steep or unstable slopes;
iv. where the location and configuration of the lands are constrained or
undesirable as determined by the Municipality;
v. any lands having unsuitable or unstable soil conditions;
vi. utility rights-of-way or easements, including but not limited to hydro,
gas, cable and telecommunications;
vii. lands that are contaminated or are suspected of being contaminated;
viii. any land containing an easement, encumbrance, or right-of-use that
limits or restricts the Municipality’s use of the land; or
ix. lands that are within or form part of a stormwater management
facility.
d) Where it has been determined by the Municipality that the lands to be
conveyed have been physically disturbed by the dumping of debris,
unconsolidated fill or other refuse, or by stripping the topsoil or by any other
means or works, the owner shall be responsible for restoring the land to a
condition satisfactory to the Municipality before the Municipality accepts
such lands.
e) For any other criteria specified in the Municipality’s parkland dedication by-
law.
11.7.2.3 Any legal and administrative costs associated with the conveyance of land for
parkland purposes under this subsection shall be the responsibility of the
transferor.
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-25
11.7.3 Disposal of Municipal Surplus Lands
In accordance Section 270 of the Municipal Act, as may be amended or updated,
it is the policy of the Municipality to require that the disposal of surplus real
property be undertaken in a transparent and accountable manner that
maximizes social, economic, environmental, and cultural return to the
Municipality. The disposal of surplus real property shall be implemented in a
manner that is consistent with the vision, objectives, and policies of this Plan.
11.7.4 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 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 publicly
accessible parking located elsewhere in the Municipality.
11.8 Community Benefits Charges
The Municipality may prepare a background study and enact a by-law in accordance
with the Planning Act to collect Community Benefits, with such charges applied,
calculated, and collected in accordance with the Planning Act, this Plan, and the by-law.
Such a by-law may apply to the Municipality as a whole and/or to specific geographic
areas and may exempt some or all Community Benefits Charges or exempt certain
development or redevelopment from the Community Benefits Charges to promote
specific development, redevelopment, or revitalization objectives in accordance with the
Planning Act and the policies of this Plan.
11.9 Reference to Legislation, Policies, & Guidelines
Where this Plan makes reference to any act, regulation, policy, or guideline of any
planning authority, such reference shall be deemed to include any subsequent
amendments or successor document.
Where this Plan makes reference to any Ministry or Agency, such reference shall be
deemed to include any successor Ministry or Agency.
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FINAL DRAFT OFFICIAL PLAN | MARCH 2026 11-26
11.10 Discrepancies in the Plan
If there is a discrepancy between policies of any section of this Plan or the County of
Elgin’s Official Plan, the more stringent policy, standard, or criteria shall prevail.
Alternatively, the matter may be referred to Municipal Council for clarification.
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Elgin County Council received a presentation from Mary Lou Tanner, Senior Partner at NPG
Planning Solutions, providing an update on the ongoing planning work for the Central Elgin Hospital
Lands redevelopment. The presentation outlined the progression of the project, including the
development of a Draft Official Plan Amendment (OPA), which builds on previously approved
visioning, land use plans, and policy directions.
The update highlighted key elements of the proposed framework, including a mix of housing types
and densities, integrated parks and community spaces, and a walkable, connected community
design. It also emphasized the importance of public engagement, noting that feedback from
residents and stakeholders has helped shape priorities such as housing affordability, green space,
transportation, and community amenities.
Council’s role at this stage was to receive the update, with further steps anticipated as the
Municipality of Central Elgin advances the Official Plan Amendment through continued consultation
before returning for future approvals.
For more information on the Central Elgin Hospital Lands redevelopment project, please click here.
ELGIN COUNTY
From the Council Chambers
March 24, 2026
Council Meeting
Update on Central Elgin Hospital Lands Redevelopment
Page 1Council Highlights | March 24, 2026
Elgin County Council received a presentation from Danielle Nielsen, Acting Director, and Brandon
Sloan, Housing Accelerator Fund Coordinator, both with St. Thomas–Elgin Social Services,
regarding the draft St. Thomas–Elgin 10-Year Housing and Homelessness Plan (2026–2036).
The presentation outlined the need for a new plan to replace the previous 2014 strategy, noting
significant changes in the region over the past decade, including population growth, increased
housing demand, and rising costs.
Draft St. Thomas–Elgin 10-Year Housing and Homelessness Plan Presented
to Council
Current data highlights ongoing affordability challenges, including a gap between average housing
prices and what households can afford. There is also a growing number of residents experiencing
housing need and waitlist pressures for affordable housing.
Looking ahead, the plan identifies projected growth across St. Thomas and Elgin County and
estimates that a significant portion of new housing will need to be affordable or supportive in
nature. Targets include the creation of new subsidized and market-based affordable housing units,
as well as additional supportive housing to meet community needs.
The draft plan is guided by a vision of “Housing for Everyone” and focuses on key strategic areas
such as increasing housing supply, preserving existing housing, strengthening partnerships, and
working toward ending homelessness through prevention and support initiatives.
Council received the presentation, with further public engagement planned before the draft plan is
brought forward for future consideration and approval.
For the full Council Agenda, click here.
Draft St. Thomas–Elgin 10-Year Housing and Homelessness Plan Presented
to Council (continued)
Page 2Council Highlights | March 24, 2026
The Committee of the Whole received a report from the Director of Community and Cultural
Services regarding a new Unscheduled Closing of County Facilities Policy.
The policy establishes a clear framework to guide decision-making when County facilities must be
temporarily closed due to emergencies or other unforeseen circumstances. These may include
inclement weather, facility issues, public health emergencies, cyberattacks, or other safety
concerns.
The policy applies to a range of County facilities, including the Administration Building, Heritage
Centre, Provincial Offences Act Court, and library branches. It also outlines how decisions to close
and reopen facilities are made, how staff may be redeployed or compensated during closures, and
how the County will communicate service disruptions to the public.
The report noted that, while temporary closures occur from time to time, the County did not
previously have a single, formalized policy to guide these decisions. The new policy is intended to
ensure consistent, timely, and transparent responses when closures are required.
For the full Committee of the Whole Agenda, click here.
Committee of the Whole
Policy Approved for the Unscheduled Closing of County Facilities
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 2, 2026
REPORT: CAO-16/26 SUBJECT: SITE PLAN AGREEMENT – DWAYNE AND NANCY WEBER – 53680
HERITAGE LINE, RICHMOND (APPLICATION NO. SPA-12/25)
BACKGROUND At its August 15, 2024 meeting, Council adopted By-law No. 2024-049. By-law No. 2024-049
amended a municipal Delegation of Authority By-law to delegate authority to the Chief Administrative Officer (CAO) for purposes of executing development agreements.
At its February 6, 2025 meeting, Council adopted By-law No. 2025-008, Site Plan Control By-law for the Municipality of Bayham. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2025-008. On December 9, 2025, a Site Plan Control Application was submitted by Dwayne and Nancy Weber, requesting a Site Plan Agreement for the property known municipally as 53680 Heritage Line in Richmond. The application was deemed complete on March 4, 2026. DISCUSSION The intent of the Site Plan application is to accommodate the location of a 1040.5m2 farm
storage building for the storage of feed and seed for area farmers. The farm storage building was approved by Council through a Zoning By-law Amendment application and associated By-law No. Z818-2025, adopted by Council on November 20, 2025.
The agreement was executed by all parties on March 16, 2026 and is attached to this Report.
As the CAO is the delegated authority for Site Plan Control approval and development agreement execution, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Site Plan Control Application – Dwayne and Nancy Weber, 53680 Heritage Line,
Richmond
2. Site Plan Agreement between The Corporation of the Municipality of Bayham and Dwayne and Nancy Weber, 53680 Heritage Line, Richmond
RECOMMENDATION
1. THAT Report CAO-16/26 re Site Plan Agreement – Dwayne and Nancy Weber – 53680 Heritage Line, Richmond (Application No. SPA-12/25) be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2026-019 BEING A BY-LAW TO PROVIDE FOR THE ADOPTION OF THE OFFICIAL PLAN FOR THE MUNICIPALITY OF BAYHAM WHEREAS Subsection 17(22) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, states that when the requirements of Subsections 17(15) to (21), as appropriate, have been met, and a council is satisfied that an official plan is suitable for adoption, that council may by by-law adopt all or part of the said plan, and submit it for approval to the County of Elgin;
AND WHEREAS the Municipality of Bayham has prepared a new official plan to replace the existing Municipality of Bayham Official Plan that is currently in effect; AND WHEREAS Council of the Corporation of the Municipality of Bayham considers it desirable and in the interest of the Municipality to adopt a new official plan for the Municipality of Bayham; AND WHEREAS all statutory requirements for the preparation and adoption of an official plan have been met; NOW THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT the document attached hereto as Schedule ‘A’ to this By-law is hereby adopted as the Official Plan for the Municipality of Bayham. 2) THAT the Clerk of the Municipality of Bayham is hereby authorized and directed to give notice of the adoption of the Official Plan for the Municipality of Bayham in accordance
with Subsection 17(23) of the Planning Act, R.S.O. 1990, Chapter P. 13. 3) THAT the Clerk of the Municipality of Bayham is hereby authorized and directed to forward
the Official Plan for the Municipality of Bayham, and the associated statutory record, to the County of Elgin for approval in accordance with Subsection 17(31) of Planning Act, R.S.O. 1990, Chapter P. 13.
4) THAT the existing Official Plan for the Municipality of Bayham and all amendments thereto are hereby repealed. 5) THAT this by-law shall come into force and effect pursuant to the provisions of the Planning Act. READ A FRIST AND SECOND TIME THIS 2ND DAY OF APRIL 2026. READ A THIRD AND FINAL TIME AND PASSED THIS 2ND DAY OF APRIL 2026. _____________________________ _____________________________ MAYOR CLERK
SCHEDULE “A”
SCHEDULE “A”
DRAFT MARKINGS WILL BE
REMOVED IF ENDORSED BY
COUNCIL ON APRIL 2, 2026
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FINAL DRAFT | March 2026
Official Plan
of the
Municipality of Bayham
Shaping Our Future
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TABLE OF CONTENTS i
TERRITORIAL ACKNOWLEDGEMENT v
Section 1 – INTRODUCTION
1.1 Purpose of this Plan 1-1
1.2 Background 1-2
1.3 Planning Context 1-2
1.4 Structure of this Plan 1-3
1.5 How to Read this Plan 1-4
1.6 Required Conformity 1-4
Section 2 – GROWTH MANAGEMENT & COMMUNITY STRUCTURE
2.1 Bayham Structure Plan 2-1
2.2 Settlement Areas 2-1
2.3 Strategic Employment Areas 2-5
Section 3 – THE RURAL AREA
3.1 Composition of the Rural Area 3-1
3.2 General Development Policies 3-2
3.3 Agricultural Area Designation 3-6
3.4 Estate Residential Designation 3-17
3.5 Mobile Home Parks Designation 3-18
3.6 Seasonal Travel Trailer Parks and Campgrounds Designation 3-19
3.7 Institutional Designation 3-19
3.8 Commercial / Highway Commercial Designation 3-20
3.9 Recreational Designation 3-21
3.10 Industrial Designation 3-21
3.11 Conservation Lands Designation 3-23
3.12 Licensed Pits and Quarries 3-25
Section 4 – SETTLEMENT AREAS
4.1 Composition of Settlement Areas 4-1
4.2 General Development Policies 4-1
4.3 Hamlets 4-9
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4.4 Villages 4-14
4.5 Mobile Home Parks 4-19
4.6 Seasonal Travel Trailer Parks 4-21
Section 5 – THE NATURAL SYSTEM
5.1 Composition of the Natural System 5-1
5.2 General Policies 5-1
5.3 Identification of the Natural System 5-2
5.4 Watershed Planning 5-5
5.5 Significance & the Natural System 5-5
5.6 Permitted Uses 5-5
5.7 Development In & Adjacent to Wetlands 5-6
5.8 Development In & Adjacent to Other Natural System Features 5-6
5.9 Destruction & Alteration of the Natural System 5-7
5.10 Development in Fish Habitat & the Habitat of Threatened or Endangered Species 5-7
5.11 Development & Surface Water Features 5-8
5.12 Development & Ground Water Features 5-8
5.13 Increasing Forest Coverage 5-9
5.14 Land Division & the Natural System 5-10
Section 6 – TRANSPORTATION & INFRASTRUCTURE SYSTEMS
6.1 Composition of the Transportation & Infrastructure System 6-1
6.2 Transportation & Infrastructure Permitted Uses 6-1
6.3 Transportation Systems 6-2
6.4 Water, Sewage and Stormwater Systems 6-8
6.5 Source Water Protection 6-14
6.6 Energy Systems 6-16
6.7 Linear Infrastructure Corridors 6-18
6.8 Telecommunications Facilities 6-19
6.9 New or Expanding Waste Management Operations & Waste Disposal Sites 6-19
Section 7 – NATURAL RESOURCE MANAGEMENT AREAS
7.1 Permitted Uses 7-1
7.2 Existing, New or Expanding Extraction Operations 7-1
7.3 Extraction Operations in the Agricultural Area 7-4
7.4 Rehabilitation of Extraction Operations 7-4
7.5 Petroleum Resources 7-5
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Section 8 – DEVELOPMENT HAZARDS
8.1 Composition of Development Hazards 8-1
8.2 General Policy 8-1
8.3 Role of Conservation Authority 8-2
8.4 Identification of Hazardous Lands and Sites 8-2
8.5 Permitted Uses 8-2
8.6 Hazardous Lands and Sites 8-2
8.7 Floodplains 8-3
8.8 Dynamic Beach Hazards 8-3
8.9 Erosion Hazards 8-4
8.10 Docks and Waterfront Structures 8-4
8.11 Public Road Access 8-5
8.12 Hazardous Lands & Climate Change 8-6
8.13 Development Subject to a Planning Act Approval 8-7
8.14 Development & Waste Disposal Sites 8-7
8.15 Contaminated or Potentially Contaminated Sites 8-8
8.16 Oil, Gas, and Salt Hazards & Former Natural Resource Extraction Operations 8-9
8.17 Wildland Fire Hazards 8-9
8.18 Abandoned Petroleum Wells 8-9
Section 9 – GENERAL POLICIES
9.1 Economic Development 9-1
9.2 Housing 9-2
9.3 Cultural Heritage 9-7
9.4 Climate Change 9-10
Section 10 – SPECIFIC POLICY AREAS
10.1 Specific Policy Area No. 1 – Elliott Road 10-1
10.2 Specific Policy Area No. 2 – Port Burwell Harbour 10-1
10.3 Specific Policy Area No. 3 – Chateau Wyndemere 10-1
10.4 Specific Policy Area No. 4 – New England 10-2
10.5 Specific Policy Area No. 5 - 10729 Plank Road 10-2
10.6 Specific Policy Area No. 6 – 53443 Heritage Line 10-2
10.7 Specific Policy Area No. 7 – 54728 Best Line 10-3
10.8 Specific Policy Area No. 8 – 55106 Vienna Line 10-3
10.9 Specific Policy Area No. 9 – 53291 Nova Scotia Line 10-3
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10.10 Specific Policy Area No. 10 – 4964 and 4968 Plank Road 10-3
10.11 Specific Policy Area No. 11 – 56237 Chute Line 10-4
10.12 Specific Policy Area No. 12 – 2 Robinson Street and 3 Erieus Street 10-4
10.13 Specific Policy Area No. 13 – 55032 Vienna Line 10-4
10.14 Specific Policy Area No. 14 – 55942 Maple Grove Line 10-4
10.15 Specific Policy Area No. 15 – Tier I & II Settlement Areas 10-4
10.16 Specific Policy Area No. 16 – 92 Edison Drive 10-5
10.17 Specific Policy Area No. 17 – 56149 Glen Erie Line 10-5
10.18 Specific Policy Area No. 18 – 11045 Bayham Norfolk Boundary Road 10-5
Section 11 – IMPLEMENTATION
11.1 Delegation of Authority 11-1
11.2 Monitoring and Review of the Official Plan 11-1
11.3 Consultation and Participation 11-3
11.4 Interpretation 11-4
11.5 Pre-Consultation and Complete Application Requirements 11-6
11.6 Planning Administration and Tools 11-10
11.7 Property Acquisition, Parkland Dedication, and Disposal of Surplus Lands 11-22
11.8 Community Benefits Charges 11-25
11.9 Reference to Legislation, Policies, & Guidelines 11-25
11.10 Discrepancies in the Plan 11-26
SCHEDULES / APPENDICES
Schedule “A” – Bayham Structure Plan
Schedule “B” – Land Use Plan
Schedule “B1” – Straffordville: Land Use and Constraints Plan
Schedule “B2” – Vienna: Land Use and Constraints Plan
Schedule “B3” – Port Burwell: Land Use and Constraints Plan
Schedule “C” – The Natural System
Schedule “D” – Richmond: Water Resources
Appendix “1” – Development Hazards
Appendix “2” – Natural Resource Management Areas
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The Municipality of Bayham recognizes that reconciliation is both an individual and collective
process. As a municipal government and a leader in our communities, we commit to learning
about our shared history with Indigenous communities.
It is acknowledged that the Municipality of Bayham is located on the Traditional Territory and
Ancestral Lands of the Anishinabek and Haudenosaunee Peoples who have a longstanding
relationship with the land and water throughout the region. The Municipality of Bayham is
located on lands covered by the Between the Lakes Treaty territory (Treaty 3, 1792).
As a Municipality, we have a responsibility for reconciliation and the continued stewardship of
the land on which we live and work and a commitment to the Truth and Reconciliation calls to
action. The Municipality commits to working with Indigenous and non-Indigenous partners to
support the ongoing work of truth, reconciliation, and healing. We commit to continue learning,
reflecting on our past, and working in allyship.
TERRITORIAL ACKNOWLEDGEMENT
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The Official Plan contains policies to guide growth and development in the Municipality of
Bayham to the year 2051. This new Official Plan sets out the urban and rural structure and
provides updates to the land use designations, policies, and schedules; pursuant to Section 26
of the Planning Act, has regard for matters of provincial interest in Section 2 of the Planning Act,
is consistent with the Provincial Planning Statement, and is in conformity with the County of
Elgin Official Plan.
1.1 Purpose of this Plan
An Official Plan is a strategic document that describes how and where a municipality will
grow over a 25-year planning horizon. In Ontario, an Official Plan is adopted under the
authority of the Planning Act as a document approved by the County of Elgin (being the
upper-tier government), that contains objectives and policies to guide the physical
development of a municipality, while having regard for relevant social, economic, built,
and natural environmental matters. Where an Official Plan is in effect, no public work is
to be undertaken, and no by-law passed for any purpose unless it is in conformity with
the Official Plan.
The purpose of this Official Plan is to position the Municipality of Bayham within the
land use planning framework of the Province of Ontario and County of Elgin, providing
clear goals, objectives, policies, and indicators to guide development, monitor growth,
and manage land use. Based on census data released by Statistics Canada in 2021, the
population of the Municipality of Bayham is 7,096. Based on the County of Elgin’s Official
Plan, approved in September 2025, the population of the Municipality is projected to
grow to 9,220 by the year 2051. It was further identified in the analysis that the
Municipality of Bayham has an 89.0 hectare surplus of residentially designated land
between the Tier I Settlement Areas of Vienna and Port Burwell. This means the
Municipality currently has 89.0 hectares of residentially designated lands greater than
what is required to accommodate the projected population growth between the years
2021-2051. This Official Plan incorporates policies to guide and manage this projected
growth within the Municipality. This Official Plan incorporates policies to guide and
manage this projected growth within the Municipality.
In line with the Municipality’s strategic directions, this Plan works alongside other
Municipality of Bayham plans, initiatives, and implementation tools to support a
successful, flexible, and resilient municipality. The Municipality of Bayham is an inclusive
place for people to live, work, and play in the context of its small-town and rural
character and this Plan sets the framework for growth and development to benefit that
character.
1 INTRODUCTION
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1.2 Background
The Corporation of the Municipality of Bayham occupies 248 km2 on the north shore of
Lake Erie, at the eastern end of Elgin County. The Municipality came into existence in
1998 as an amalgamation of the three separate municipalities formerly known as the
Township of Bayham, the Village of Port Burwell, and the Village of Vienna.
Prior to 1983, the three municipalities were members of the East Elgin Planning Area as
defined by the Treasurer of Ontario in 1973. The planning area also included the
Township’s of Malahide and South Dorchester, and the Village of Springfield. The East
Elgin Official Plan was approved by the Minister of Housing in 1976 and provided the
first set of comprehensive community planning policies for these municipalities. Upon
the Planning Act, 1983, the East Elgin Planning Area ceased to exist. Eventually all six of
the municipalities in East Elgin adopted individual Official Plans.
The first Official Plan for the Municipality of Bayham was adopted on July 5, 2001, and
approved August 16, 2002, repealing the various pre-amalgamation Official Plans. Since
2002, numerous amendments to the Official Plan were necessitated by changing local
circumstances and planning legislation and plans established by the Province of Ontario,
with the previous five-year review occurring on February 12, 2019. This Official Plan
repeals and replaces the previous Official Plan in its entirety.
1.3 Planning Context
The planning framework in the Municipality of Bayham is largely influenced by higher
levels of government, as enabled by the Planning Act. The Province of Ontario provides
broad policy direction to which municipalities must be consistent and conform. As a
lower-tier government under the County of Elgin, the Municipality of Bayham provides
specific policy direction to implementing Provincial legislation and County plans. Within
this framework, Bayham is the lower-tier government, responsible for providing detailed
planning policies tailored toward the Municipality’s unique context. The following
provides describes the regulatory framework:
a) Provincial Level - The Province of Ontario establishes the planning system used
throughout the entire province. This system is composed primarily of: the Planning
Act, which establishes the legislative basis for planning in the province; the Provincial
Planning Statement (or PPS), which establishes the policy basis for planning in
Ontario; provincial plans including regional growth plans (where applicable); and
various ministerial guidelines, implementation policies, and regulations that
implement the policies found in the PPS and provincial plans. All planning decisions
in Ontario must ‘be consistent’ with the direction of the PPS and must conform to
the provisions of the Planning Act. The Province is the approval authority of the
County Official Plan, and any amendments to it.
b) County Level – The County of Elgin is mandated by the Province to maintain a
county-wide official plan, and to act as approval authority for local official plans and
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official plan amendments, as well as all forms of land division. The County’s planning
system is composed primarily of: the County Official Plan and the County’s authority
to permit land division (severances, plans of subdivision / condominium, etc.). All
planning decisions made in the County of Elgin must conform to the County Official
Plan, and all other applicable by-laws.
c) Local Level – The Municipality of Bayham is responsible for all other aspects of the
planning system. The local planning framework is primarily composed of: the
Municipality of Bayham Official Plan that provides detailed / neighbourhood level
planning policies; Municipality of Bayham Zoning By-law to implement both the local
and County official plans; and site plan control by-laws. In some cases, the local
framework may also include: community improvement plans, secondary plans,
development charge by-laws, and parkland dedication by-laws. All decisions made in
the Municipality of Bayham must conform to the County Official Plan, Bayham
Official Plan, Zoning By-law, and all other applicable by-laws.
Prior to proceeding with any development application, a development proponent should
ensure they familiarize themselves with Ontario’s overall planning framework or retain a
qualified professional in the field of urban and regional planning to assist with
understanding and addressing the relevant components of the overall planning system.
1.4 Structure of this Plan
This Plan is composed of eleven (11) sections (Section 1 to 11) and Schedule/Appendices
as follows:
Section 1: Introduction - provides an overview of the purpose, background and
organization of the Official Plan.
Section 2: Growth Management & Community Structure - provides policies related to
growth management and the Municipality’s land use structure, notably Settlement
Areas, Rural Area, and Strategic Employment Areas.
Section 3: The Rural Area – provides detailed policies to protect the Rural Area,
including land use policies for the Agricultural Area and non-agricultural use
designations.
Section 4: Settlement Areas - provides detailed policies related to the Settlement Area,
including the land use designations which specifies the type, scale and form of
development and range of uses appropriate for each land use designation.
Section 5: The Natural System - provides policies that protect the natural heritage
system and their hydrologic and ecological functions from adverse environmental
impact.
Section 6: Transportation & Infrastructure Systems – provides policies that provide for
the integrated development of appropriate, safe, and effective transportation and
infrastructure systems, including local and county roads, provincial highways, railways,
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marine ports, water systems, wastewater systems, stormwater management systems,
waste management operations, telecommunications facilities, energy generation
facilities, and linear infrastructure corridors.
Section 7: Natural Resource Management Areas - provides policies on the natural
resources in the Municipality, including extraction of mineral, petroleum, mineral
aggregate, and salt resources.
Section 8: Development Hazards – provides policies to avoid or mitigate potential
negative impacts to public health and safety and risks to property and infrastructure due
to natural and human-made hazards in the Municipality.
Section 9: General Policies - provides policies for the entire Municipality and are not
specific to designated areas of land with respect to Economic Development, Housing,
Cultural Heritage, and Climate Change.
Section 10: Specific Policy Areas – provides a list of “Specific Policy Areas” pertaining to
Site-Specific Official Plan Amendments that have been approved to date.
Section 11: Implementation - describes the mechanisms and processes for the
administration and implementation of the Official Plan.
Schedules / Appendices – provides the maps (known as Schedules or Appendices) that
illustrate the various lands uses, as well as features which impact, or are impacted by
land uses, including natural environmental features, hazardous lands and sites, natural
resources, and the transportation network.
1.5 How to Read this Plan
Each Section of this Plan is structured around the general policies and composition,
followed by implementing policies and maps. After assessing each applicable
designation, map, and policy, the reader should refer to the Plan’s implementing policies
and processes to understand how the Plan will be implemented and applications
reviewed. This Plan is intended to be read in its entirety and the relevant parts are to be
applied to each situation. In most cases, multiple components of this Plan will be
relevant to a given situation, and as such, they will need to be considered jointly. There
is no implied priority in the organization of this Plan.
1.6 Required Conformity
As per the requirements of the Planning Act, Municipal Council shall not undertake any
public work or pass any by-law that does not conform to the intent and policies of this
Official Plan. It is intended that this Plan will be reviewed and updated to reflect
refinements in managing growth and to remain in conformity with Provincial and County
plans and policies.
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Growth management refers to the way in which the Municipality of Bayham oversees long-term
changes in population and economic activity to ensure the efficient use of land, resources, and
public infrastructure investment. This is based on the recognition that the Municipality’s long-
term prosperity, environmental health, and social well-being depends on wisely managing
change and promoting efficient land use and development patterns.
2.1 Bayham Structure Plan
Schedule “A” of this Plan constitutes the Bayham Structure Plan and illustrates the urban
boundaries of the Settlement Areas and the Strategic Employment Areas where
population and employment growth are planned to be accommodated in the
Municipality until 2051. Due to historical planning approvals, the lands contained within
these urban boundaries have the capacity to accommodate more population and
employment growth than the Municipality is projected to need by 2051.
2.2 Settlement Areas
2.2.1 Hierarchy of Settlement Areas
Within the Bayham Structure Plan, a hierarchy of settlement areas and their
associated urban boundaries have been established based on the scale, function,
and the level of services that exist. This hierarchy is comprised of three tiers of
settlement areas, as detailed below:
a) Tier I Settlement Areas – generally have the largest populations in the
Municipality, full municipal services (municipal water and sewage services),
and the highest levels of amenities and employment opportunities. Given the
level of infrastructure provided in these settlement areas and their ability to
accommodate growth, this Plan directs most new growth to these settlement
areas. Tier I Settlement Areas include the Village of Vienna and Port Burwell.
b) Tier II Settlements Areas – includes those settlement areas which are
generally smaller in population than Tier I Settlements. Tier II Settlements
have partial municipal services (municipal sewage services and private water
system), and limited amenity levels and employment opportunities. Limited
development is permitted in these settlement areas given the absence of full
municipal services and the lower levels of amenity and employment. Tier II
Settlement Areas include the Village of Straffordville and Hamlet of Eden.
2 GROWTH MANAGEMENT &
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c) Tier III Settlements Areas – are generally composed of the smallest
communities in the Municipality. They are predominately residential in
function, and do not have any municipal services (i.e. services are provided
by individual on-site water and sewage services). Development in these
settlements is limited to minor infilling and rounding out of the existing built
area given the absence of full municipal services and limited urban amenities
and employment opportunities. Tier III Settlement Areas include the Hamlets
of Corinth, North Hall, Richmond, and Calton. Notwithstanding Subsection
2.2.1.b), the Hamlet of Richmond, despite having partial municipal services
(municipal water system and individual sewage services), is identified as a
Tier III Settlement Area for the purpose of this Plan.
2.2.2 Settlement Area Expansions & Establishing New Settlement Areas
To help ensure the efficient use of the Municipality’s existing urban land base, an
‘urban boundary review’ shall be conducted when identifying a new settlement
area or allowing for a settlement area boundary expansion of Tier II or III
settlement area, in which the following criteria shall be considered through an
amendment to this Plan:
a) must demonstrate there is an insufficient supply of lands to accommodate
30-years’ of urban growth through a review and analysis of the Municipality’s
population and employment projections and land needs assessments;
b) analyzes the existing land supply and demonstrates that any proposed
expansion will not adversely impact or undermine achieving the
Municipality’s intensification and redevelopment target;
c) includes an options analysis reviewing alternative growth directions to
determine how best to accommodate future development;
d) confirms the financial viability of expanding infrastructure and public service
facilities to any proposed urban expansion lands;
e) confirms that there is sufficient reserve capacity available in the sanitary
sewage and drinking water systems, or will imminently be available, to be
allocated to any proposed urban expansion lands, above what has already
been allocated to existing designated lands;
f) confirms that any proposed urban expansion lands do not include specialty
crop areas, as defined by provincial policy;
g) confirms that there are no reasonable alternatives which avoid prime
agricultural lands being included in the proposed urban expansion lands;
h) confirms that any proposed urban expansion lands complies with the
minimum distance separation formulae;
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i) assesses potential impacts on agricultural operations and the agricultural
system as a result of the expansion, and subsequently confirms that these
impacts can be mitigated to the extent feasible;
j) assesses potential impacts on the Natural Heritage System as a result of the
expansion and demonstrates that there will be no negative impacts on the
system’s ecological features and functions;
k) considers cross-jurisdictional issues including any servicing or access
arrangements with adjacent municipalities; and,
l) demonstrates that the proposed expansion lands will:
i. serve as a continuous and logical extension to the existing built-up area
that does not ‘leapfrog’ over existing undeveloped tracts of land;
ii. provide for the integration of new development within the fabric of the
existing built-up area from a community design, transportation, and open
space perspective;
iii. be easily accessed by, and connected to, the existing transportation
network; and,
iv. be located so that it can benefit from existing community facilities or
alternatively, be serviced by new community facilities that are developed
in a timely manner.
m) whether full municipal services are available to service that settlement area
2.2.3 Settlement Area Boundary Adjustments
Notwithstanding the requirements of Subsections 2.2.2, adjustments of a
settlement area boundary may be permitted through an amendment to this Plan,
and shall demonstrate:
a) there would be no net increase in land within the Municipality’s settlement
areas;
b) the adjustment would support the ability to meet the Municipality’s
intensification and redevelopment target;
c) the lands subject to the adjustment do not comprise specialty crop areas;
d) the proposed adjustment complies with the minimum distance separation
formulae (see Subsection 3.2.8 for more information);
e) impacts on agricultural operations which are adjacent or close to the
proposed adjustment are mitigated to the extent feasible; and,
f) the locational criteria established in Subsection 2.2.2.l) are met.
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2.2.4 Phasing of New Development in Designated Growth Areas
Designated growth areas refers to lands within the Municipality’s settlement
areas that are designated in an official plan for growth, but which have not yet
been fully developed (e.g., undeveloped, or vacant lands designated for
residential, employment, or commercial uses). To ensure that growth
management policies of this Plan are achieved, the following phasing policies
shall apply for designated growth areas:
a) Ensure that new development extends logically from existing built-up areas;
b) Ensure the orderly progression of new development and the timely provision
of the infrastructure and public service facilities required to accommodate it;
c) Where there is fragmentated land ownership, ensure the efficient use of land
by requiring the consolidation of development parcels, or by requiring the
development of a master plan or secondary plan;
d) Address circumstances where cost-sharing, front-ending, or other financial
contributions are required for the extension or upgrading of infrastructure
and servicing; and,
e) Address Subsection 6.4.3 of this Plan with respect to the allocation and
phasing of servicing.
2.2.5 Residential Intensification & Redevelopment
Intensification and redevelopment of existing residential areas is a key strategy to
managing growth in the Municipality and ensuring the efficient use of land and
infrastructure. As directed by the County Official Plan, the County will target 16%
of all new residential development to be achieved through intensification and
redevelopment. To assist the County in achieving this target, while also
respecting urban character, it is the intent of this Plan to support residential
intensification and redevelopment in Settlement areas where appropriate and in
accordance with the following policies, in addition to the policies of Section 6 and
all other policies of this Plan:
a) Encourage intensification and redevelopment within settlement area
boundaries on vacant or underutilized sites in order to efficiently utilize
designated settlement area land and available municipal services
b) The Municipality may ‘up-zone’ or ‘prezone’ sites for residential
intensification and redevelopment in the implementing Zoning By-law.
c) Targets for residential densities will be outlined in the individual land use
designations of this Plan;
a) The permitted forms of residential intensification development shall only be
permitted in those areas designated as “Hamlets” and “Villages” and will be
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permitted based on the level of water and wastewater servicing that is
available in the specific settlement areas;
b) Residential intensification and redevelopment may take the form of dwelling
conversion, street infilling, rear yard infilling, and infill subdivisions;
c) Residential intensification and redevelopment may only occur up to a
maximum density which maintains the minimum lot areas permitted in the
Zoning By-law, and/or is deemed suitable by the Municipality to satisfy the
proposed water supply and wastewater disposal systems; and,
d) When considering proposals for residential intensification and
redevelopment, and in addition to all other applicable development criteria
in this Plan, the Municipality will ensure that:
i. For dwelling conversions, the exterior design of the dwelling is
consistent with the surrounding area in terms of height, bulk, scale,
and layout;
ii. For street infilling, the proposal is consistent with Subsection
4.3.3.2.a), and with the established building line and setbacks of the
surrounding area;
iii. For rear yard infilling, the proposal is consistent with Subsection
4.3.3.2.a); the siting of buildings and parking areas minimizes the
impacts on neighbouring rear yards; direct vehicular access is
provided to a public street with sufficient width to allow efficient
vehicular use, on-site snow storage, and access and turn-around by
emergency vehicles; and,
iv. For infill subdivisions, the proposal is consistent with Subsections
4.3.3.2.a) and c); and measures will be undertaken through a
subdivision agreement, to buffer and screen the development from
surrounding residential uses.
2.3 Strategic Employment Areas
It is recognized that industries such as manufacturing, processing, the trades, research
and development, and distribution and logistics, will continue to be major drivers of
economic growth in the Municipality. It is also recognized that certain major
employment areas in the Municipality are of importance not just to the local economy,
but to the broader regional and/or the provincial economy. As such, it is imperative that
these strategic employment areas be identified and protected from conversion and
incompatible development. Strategic Employment Areas are delineated on Schedule “A’”
of this Plan and are:
a) large in scale and designed to accommodate large industrial users and/or operations
with significant employment requirements;
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b) located in close proximity to major transportation corridors or routes, including
highways, railways, airports, and marine ports; and
c) ideally serviced by both municipal water and sanitary sewer service.
2.3.1 Conversion of Employment Areas
2.3.1.1 As noted in Subsection 2.3 of this Plan, it is the intent of this Plan that strategic
employment areas be protected from conversion and incompatible development.
To that end, the Municipality will not permit the conversion of lands in Strategic
Employment Areas to other uses except where it is demonstrated that:
a) the proposed conversion is minor and located on the periphery of the
employment area;
b) there is an immediate need and identified user for the conversion;
c) the proposed use will not adversely affect the overall viability of the
employment area;
d) existing or planned infrastructure and public service facilities are available to
accommodate the proposed development; and,
e) the Municipality has sufficient employment lands to accommodate projected
employment growth over the planning horizon of this Plan.
2.3.1.2 An amendment to this Plan will be required to permit the conversion of a
strategic employment area to a non-employment designation.
2.3.2 Uses Not Permitted in Strategic Employment Areas
2.3.2.1 The following uses are not considered appropriate in strategic employment areas
and will not be permitted:
a) residential uses, commercial uses, public service facilities, and other
institutional uses; and,
b) retail and office uses that are not associated with the primary employment
use; and,
c) other sensitive land uses that are not ancillary to uses permitted in the
employment area.
2.3.2.2 Nothing in the above is intended to prohibit accessory office or retail uses that
form part of a larger employment operation such as administrative offices,
showrooms, or factory outlets
2.3.3 Other Employment Lands & Areas
Other employment lands and areas are composed of individual parcels or smaller
clusters of employment lands for small-scale industrial, manufacturing, and
warehousing that can be located adjacent to, or co-located with, sensitive land
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uses without adverse effects. In these areas and lands limited commercial and
retail uses that serve, or are directly related to, employment uses, as well as
limited residential uses for ‘live-work’ arrangements may be permitted.
2.3.4 Protection of Other Employment Lands & Areas
It is the intent of this Plan to ensure that the Municipality has an adequate
supply of employment land for a wide variety of employment uses. Recognizing
the importance of all employment lands, proposals to convert lands within an
employment designation that have not been identified as strategic to another
type of land use will be generally discouraged and only permitted in accordance
with provincial policy. An amendment to this Plan will be required to implement
a non-strategic employment area conversion in accordance with the policies of
this Plan.
2.3.5 Compatibility, Employment Areas
2.3.5.1 In accordance with provincial policy, on lands within 300 metres of any
employment area (Strategic Employment Area or otherwise), development shall
avoid, or where avoidance is not possible, minimize and mitigate potential
impacts on the long-term economic viability of employment uses within existing
or planned employment areas. To that end, where a sensitive land use is
proposed within 300 metres of an employment area, the Municipality shall
require a land use compatibility study to be completed, in accordance with
provincial guidelines, assessing potential impacts and required mitigation
measures on the employment lands and uses.
2.3.5.2 Where circumstances warrant, the Municipality may also require noise and
vibration, odour, traffic or similar assessments to ensure potential impacts as
assessed and mitigated.
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Section 3 – The Rural Area
The Rural Area is a foundational characteristic and defining feature of the Municipality of
Bayham, both spatially and culturally. With some of the best soils in Canada and an extensive
network of farming operations, processing facilities, and supporting industry, the Rural Area’s
agricultural industry is one of Bayham’s most important economic engines. The long-term
viability and resiliency of the Municipality’s agricultural land base and operations also has
provincial implications. To that end, the following objectives have been identified for the Rural
Area:
a) Preserve the agricultural and rural character of the Municipality;
b) Identify and protect the Municipality’s agricultural land base and protect agricultural
operations from conflicting land uses;
c) Ensure that lots are sized appropriately for servicing and sufficiently large enough to
protect the rural character and maintain flexibility for the agricultural industry;
d) Support a vibrant Rural Area by permitting appropriate and compatible on-farm
diversified uses and agriculturally related uses; and,
e) Encourage the use of environmental best practices for development and redevelopment.
3.1 Composition of the Rural Area
The Rural Area is composed of all lands outside of designated Settlement Areas and is
made up of the following land use designations, as shown on Schedule “B” of this Plan:
a) Agricultural Area, which constitutes the prime agricultural area under provincial
policy;
b) Estate Residential;
c) Mobile Home Parks;
d) Seasonal Travel Trailer and Campgrounds;
e) Institutional;
f) Commercial / Highway Commercial;
g) Recreational;
h) Industrial;
i) Conservation Lands; and,
j) Licenced Pits and Quarries.
3 THE RURAL AREA
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3.2 General Development Policies
Development in the Rural Area shall first and foremost protect agricultural land,
agricultural operations, resource extraction operations, natural heritage resources, and
rural character. In addition to the other policies of this Plan, the following policies will
direct development in the Rural Area:
a) Where permitted, non-agricultural development shall avoid removing lands under
active cultivation or pasture;
b) Lots shall be sized not just to accommodate required water and sewage service but
to protect rural character through minimum lot areas and building setbacks.
Specifically, when located in the “Agricultural Area” designation, new lots will
generally be a minimum of 40 ha or larger (for both the severed and retained
parcels), except where a farm consolidation is permitted, and shall be in compliance
with the regulations of the Zoning By-law;
c) Where development proposes to permit other uses in addition to agricultural uses,
the proponent shall be required to demonstrate that there is a sufficient supply of
drinking water available, prior to the granting of any approval;
d) Where development proposes to permit other uses in addition to agricultural uses,
the proponent shall be required to conduct a soils analysis to determine the
appropriate type of on-site sewage system;
e) Development shall front onto, and will be directly accessed, by a public road that is
maintained year-round by a public authority;
f) Development will conform to the access policies of the relevant road authority;
g) New development is encouraged to be planned and designed to mitigate and adapt
to the impacts of climate change through incorporating sustainable construction
materials or practices, green infrastructure, energy conservation standards, water
efficient technologies, and low impact development. For large development
proposals, applicants may be required to demonstrate how this will be achieved;
and,
h) Ribbon or strip development and indiscriminate development outside the
designated settlement areas shall not be permitted.
3.2.1 Agricultural Operations & Land Base
Being located amongst the rich agricultural soils of Southwestern Ontario, the
Municipality’s agricultural sector has been foundational to the development of
the Municipality and its economy. The regional and provincial importance of the
Municipality’s agricultural operations to food security, and associated industries
such as food processing, mean that protection of the Municipality’s agricultural
land base and operations are of strategic importance to the Municipality. To that
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end, agricultural operations and the agricultural land base shall be protected
over the long term.
3.2.2 Protecting the Agricultural System
3.2.2.1 The agricultural system is comprised of inter-connected elements that
collectively create a viable, thriving agricultural sector and includes agricultural
lands, farming operations, agriculturally related uses, agri-tourism operations,
supporting infrastructure, as well as employment uses that are related to, or rely
on, agriculture (such as food processing). Due to the importance of the
agricultural system to the Municipality’s economy, it will be protected from
development that may negatively impact its operations and its individual
components.
3.2.2.2 New development shall be compatible with the Municipality’s agricultural system
and its individual components and should be designed to avoid, mitigate, or
minimize negative impacts on the system or specific elements and operations in
the system.
3.2.2.3 The Municipality recognizes the importance of water resources, topsoil,
woodlots, and windbreaks for agricultural uses. Removal or alteration of trees
and soil in the Municipality are subject to the regulations of the Zoning By-law
and the County of Elgin Tree Cutting By-law. Landowners are encouraged to
consult with the Conservation Authority on matters of large-scale tree planting.
3.2.3 Protecting Against the Conversion of Agricultural Land
The conversion of lands designated “Agricultural Area” to other uses shall be
strongly discouraged. Requests to expand a settlement area boundary will
require an Official Plan Amendment and Zoning By-law Amendment and shall be
considered in accordance with provincial policy and the policies of this Plan,
recognizing the excess of residentially designated lands described in Subsection
1.1.
Requests for new or expanded non-agricultural uses within lands historically
designated for non-agriculture and non-resource uses shall be subject to the
applicable policies of Subsections 3.5 through 3.10 of this Plan as well as
Subsection 3.2.8, Minimum Distance Separation (MDS) Formulae.
3.2.4 Protecting & Enhancing Rural Character
3.2.4.1 The Municipality’s rural character is defined by land uses and development
patterns where farmlands, natural landscapes, and open spaces dominate. These
patterns of land use and development support farming operations, agrarian and
rural lifestyles, and rural- and resource-based economic activities. They also
influence architectural styles that often reflect traditional farm vernacular,
nature, and/or landscapes, and are sited in ways that reinforce the pastoral
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nature of the Rural Area with expansive setbacks from neighbouring properties
and roadways. The rural character in the Municipality will be protected by:
a) Directing urban uses, and uses that do not rely on a rural location to
Settlement Areas;
b) Protecting agricultural and resource-based uses from encroachments that
may negatively impact their operations;
c) Avoiding urban land use densities for non-agricultural and non-resource
extraction development; and
d) Encouraging the use of design concepts that reference or reflect the
traditional architectural styles and/or the landscape of the Rural Area.
3.2.4.2 Development in the Rural Area will protect and enhance this character and will
prevent the urbanization or suburbanization of the countryside. Protection of
rural character is not intended to require historic reproduction or to impede the
efficiency of agricultural and resource-extraction operations, and to that end,
innovative architectural styles and site layouts that protect the Municipality’s
rural character, while facilitating efficient operations, are encouraged.
3.2.4.3 Exceptions
While the protection and enhancement of Bayham’s rural character is a primary
consideration when evaluating new development, it is recognized that some
flexibility in implementing these policies is desirable to reflect the individual
circumstances of development proposals. To that end, the policies of Subsections
3.2.4.1 and 3.2.4.2 shall not apply to agricultural or resource-extraction uses, not
subject to site plan control. In the case of proposals for agricultural or resource-
extraction uses not subject to site plan control, applicants shall be encouraged to
demonstrate how their proposal will be sensitively integrated with the
surrounding context.
3.2.5 Adaptative Reuse of Non-agricultural Uses
Historical development in the Municipality has resulted in many instances of
non-agricultural uses scattered across the Rural Area. These uses include schools,
churches, municipal garages, gas stations, general stores, motels, and road-side
diners. While some of these uses are still operational, some no longer serve their
original function, or have been abandoned altogether. This Plan recognizes the
value and utility these legacy developments have in supporting intended or
alternative uses, and in reducing embodied carbon emissions from new
construction. As such, the Municipality will generally support the adaptative
reuse of these buildings subject to the other policies of this Plan, and may permit
limited expansion of these developments that support their adaptative reuse.
Specific consideration shall be given to evaluating the impacts on rural character
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and agricultural operations when reviewing development applications for
adaptative reuse of non-agricultural uses.
3.2.6 Existing Designated Areas of Non-agricultural Uses
The Municipality contains non-agricultural and non-resource extraction land use
designations in the Rural Area, that are often the result of historic planning
approvals. These include all designations on Schedule “B” of this Plan, except for
the “Agricultural Area” designation. There is nothing in this Plan that is intended
to prohibit their existence and are recognized as existing uses in this Plan.
Notwithstanding anything in this Section to the contrary, existing non-agricultural
designations shall be deemed as conforming designations by this Plan.
Development proposals within these areas shall be evaluated based on the
policies of this Section and the other relevant policies of this Plan.
3.2.7 Temporary Outdoor Special Events
The Rural Area lends itself to hosting large-scale temporary outdoor events such
as fairs, festivals, concerts, ploughing matches, historical re-enactments,
weddings, swap meets, and similar events. Nothing in this Plan is intended to
prohibit the hosting of one-time, seasonal, or annual events in the Rural Area so
long as:
a) the temporary outdoor special event shall be permitted on a temporary basis
through either a Special Event Permit (or equivalent) administered under the
Municipal Act, or a Temporary Use Zoning By-law Amendment in accordance
with the criteria outline in Subsection 11.6.5.2, and provided that the lands
are restored or improved after the close of the event; and,
b) all requirements of the public health authority having jurisdiction are
satisfied.
3.2.8 Minimum Distance Separation (MDS) Formulae
3.2.8.1 To provide for the long-term protection and expansion of agriculture uses, odour
conflicts shall be reduced by separating incompatible uses. This will be done by
requiring compliance with and limiting variances to the MDS Formulae.
3.2.8.2 New land uses, including the creation of new lots, and new or expanding
livestock facilities must comply with the MDS Formulae as based on the policies
of this Plan, the implementing Zoning By-Law, and The MDS Document
(Publication 853, Ministry of Agriculture, Food and Rural Affairs, 2016) as may be
updated from time to time.
3.2.9 Residential Uses
For many people the Rural Area is, and will continue to be, a desirable place to
live. However, the overpopulation of residential uses in the Rural Area can lead to
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the piecemeal urbanization of the countryside and the loss of rural character. It
can also restrict the establishment and expansion of agricultural operations. As
such, where this Plan and implementing Zoning By-law permits residential uses in
the Rural Area, only the following shall be permitted:
a) one single-detached dwelling per lot;
b) two additional residential units contained on the same lot as the single-
detached dwelling; and
c) farm labour accommodations.
3.2.10 Additional Residential Units
A maximum of two (2) additional residential units shall be permitted in any Rural
Area designation where a single-detached dwelling is permitted, subject to the
following policies:
a) Additional residential units may be located in the same building as the
primary dwelling or accessory building on the same property;
b) A maximum of one (1) additional residential unit may be located in an
accessory building;
c) Additional residential units shall:
i. be compatible with, and will not hinder, surrounding agricultural
operations, including compliance with MDS Formulae;
ii. have appropriate sewage and water services;
iii. address any public health and safety concerns;
iv. be of limited scale and are located within, attached, or in close
proximity to the principal dwelling or farm building cluster;
v. avoid taking land out of agricultural production, or where avoidance is
not possible, minimize land taken out of agricultural production;
vi. not be used for farm worker housing as intended in the Farm Labour
Accommodations policies in Subsection 3.3.11 of this Plan; and,
vii. comply with the policies of this Plan and the regulations established in
the Zoning By-law.
3.3 Agricultural Area Designation
The “Agricultural Area” designation shown on Schedule “B” of this Plan shall apply to
specialty crop areas and prime agricultural areas in the Municipality. Prime agricultural
areas in the Municipality of Bayham include prime agricultural lands, as well as all of the
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non-prime agricultural lands (Canada Land Inventory Class 4-7) as they have traditionally
been used for farming purposes and exhibit characteristics of ongoing agricultural uses.
3.3.1 Permitted Uses
Within the “Agricultural Area” designation, the primary use of land shall be for
normal farm practices and agriculture uses, including on-farm diversified uses.
Secondary uses within the “Agricultural Area” designation are limited to:
agriculturally related uses, limited residential uses, home-based businesses and
industries, agri-tourism operations, and temporary outdoor special events.
3.3.2 Agricultural Uses
Agricultural uses include the widest range of activities that involve the growing of
crops and/or raising of animals of varying sizes and intensities, with or without
buildings, and with or without a residence. Given the importance of agriculture
to the Municipality’s economic base, and its strategic provincial and national
importance, it is the policy of this Plan that the widest possible permissions be
given to agricultural operations across the Municipality. All types, sizes, and
intensities of agricultural uses and normal farm practices will be permitted and
encouraged in the “Agriculture” designation.
3.3.3 On-Farm Diversified Uses
3.3.3.1 On-farm diversified uses may be permitted in the “Agricultural Area” designation
in accordance with the policies of this section. Limitations on the type, size, scale
and area of on-farm diversified uses are primarily to ensure that such uses:
a) Are clearly secondary to the principal agricultural operation on the lot and
limited in area;
b) Are compatible with, and do not hinder, surrounding agricultural operations;
c) Protect prime agricultural areas for the long term;
d) Are appropriate for rural infrastructure and public services; and,
e) Do not undermine, or conflict with, the planned function of settlements.
3.3.3.2 On-farm diversified uses may include the following uses, provided they comply
with all the applicable policies of this section and this Plan:
a) Home based businesses and industries;
b) Agri-tourism operations;
c) Farm winery; or,
d) Ground-mounted solar facility.
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3.3.3.3 For greater clarity, the following uses shall not be permitted as an on-farm
diversified use:
a) Retail uses, offices, medical/dental clinics and restaurants, except where
explicitly permitted in this section;
b) Residential uses or accommodation, except for limited, short-term
accommodation, including a farm vacation rental or bed and breakfast;
c) Institutional uses;
d) Recreational uses and special event facilities;
e) Agriculturally-related uses;
f) Large scale commercial and industrial uses; and,
g) Other uses that, in the opinion of the Municipality, may:
i. Attract large numbers of customers or other people;
ii. Generate significant traffic, or not otherwise be appropriate for rural
infrastructure or public services;
iii. Create compatibility or enforcement issues;
iv. Undermine or conflict with the planned function of rural settlements,
except where explicitly permitted by the policies of this section; or,
v. Not otherwise be consistent with the applicable policies and
objectives of this Plan.
3.3.3.4 Wholesaling and/or retailing shall not be permitted, except where:
a) It is clearly ancillary to a permitted on-farm diversified use and limited to a
small proportion of the total gross floor area of the on-farm diversified use;
b) The goods, wares or merchandise offered for sale are produced, processed or
fabricated on the farm lot upon which the on-farm diversified use is located;
or,
c) It is restricted to the sale of farm inputs (e.g., feed, seeds or fertilizer)
primarily to farm operations in the area, or to the sale of farm produce grown
in the area.
3.3.3.5 Business offices and/or small restaurants (e.g., café, tea room) may only be
permitted, where they are clearly ancillary to a permitted on-farm diversified
use. Small scale office uses may also be permitted on an agricultural lot in
accordance with the requirements for a Home-based Businesses & Industries in
Section 3.3.5 of this Plan.
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3.3.3.6 The following development criteria apply to the establishment and use of on-
farm diversified operations:
a) Roadside Produce Stands: Small roadside farm produce stands, which
exclusively sell produce grown on the agricultural lot on which they are
located, may be permitted as an on-farm diversified use, as of right, so long
as the use meets the requirement of the implementing Zoning By-law.
b) Secondary to the Farm Operation: An on-farm diversified use will only be
permitted on an agricultural lot that is being actively farmed and must be
clearly secondary to the agricultural operation on the lot in terms of size,
scale and importance.
c) Site Plan Approval: On-farm diversified uses shall be subject to site plan
control to ensure, compliance with the applicable policies of this section, that
the use is appropriately located and restricted in area, and that any other site
design related matters are addressed. The Municipality may also utilize
business licensing or other measures to assist in regulating and monitoring
such uses to ensure they continue to comply with these policies.
d) More Than One On-Farm Diversified Use: More than one on-farm diversified
use may be permitted on a lot, however the cumulative gross floor area, land
area, and number of employees of all such uses on the lot shall not exceed
the limitations set out in this section.
e) Limitations on Land Area: The total land area used and/or occupied by an on-
farm diversified use and related facilities (e.g., buildings, parking, landscaped
areas, berms, outdoor storage, new driveways, individual on-site sewage
services) shall:
i. Be limited to the minimum area required for the proposed on-farm
diversified use;
ii. Not exceed 2% of the total lot area or 1.0 ha, whichever is the lesser;
and,
iii. Avoid locating on productive agricultural land to the greatest extent
possible, with the first priority being re-use of agricultural buildings
existing as of the date this Plan is approved.
f) Limitations on Building Size: The maximum gross floor area of all buildings
and/or structures used for the purposes of an on-farm diversified use or
agriculture-related use shall be regulated through the provisions of the
implementing Zoning By-Law.
g) Wineries, Breweries, Cideries and Distilleries: In addition to the general
requirements for an on-farm diversified use, a farm winery shall only be
permitted where:
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i. The farm winery uses crops (i.e., fruit/grains) grown on site to
produce the majority of the wine/cider/beer/spirits, and all alcoholic
commodities produced by the farm winery shall be processed,
fermented, and bottled on site;
ii. The floor area of an on-site tasting room and retail floor space shall be
in accordance with the provisions of the implementing Zoning By-law,
and shall not conflict with any minimum floor area requirement for
licensing approval; and,
iii. All provincial regulations, including licensing requirements of the
Alcohol and Gaming Commission of Ontario, are met.
h) Minor Exceptions to Scale of Use: Reasonable exceptions to the maximum
gross floor area for an on-farm diversified use may be considered through a
Site-Specific Zoning By-law Amendment or Minor Variance, where such use
cannot reasonably be located within a settlement area and provided such
areas or facilities do not interfere with the primary farming activity (e.g., area
used will continue to produce a harvestable crop), or negatively impact the
ability of the lands to continue to be used for agriculture (e.g., no site
alteration or soil compaction). A minor exception to the maximum gross floor
area cap in the implementing Zoning By-law may also be permitted for the
seasonal storage of boats, recreational vehicles and/or automobiles in farm
buildings or structures existing as of the date this Plan is approved.
Through the use of a Special Event Permit (or equivalent) administered under
the Municipal Act, or a Temporary Use Zoning By-law Amendment, minor
exceptions to the total site area restrictions for on-farm diversified uses may
be considered for temporary areas or facilities associated with short term
seasonal activities that are part of a farm-related tourism use (e.g., corn
maze) or onetime special event (e.g., ploughing match), provided such areas
or facilities do not interfere with the primary farming activity (e.g., area used
will continue to produce a harvestable crop), or negatively impact the ability
of the lands to continue to be used for agriculture (e.g., no site alteration or
soil compaction).
i) Restrictions on Scale and Expansions: Development proposals for new or
expanding on-farm diversified uses which would exceed the number of
employees, gross floor area or site area restrictions in this section will not be
permitted, unless demonstrated through a Site-Specific Zoning By-law
Amendment. Proposals that cannot comply with the policies of this Section
shall be directed to locate, or relocate, in a settlement area or must comply
with the applicable policies for non-agricultural uses in this Plan.
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j) Open Storage: A limited amount of open storage may be permitted for an on-
farm diversified use, provided that such storage is appropriately screened
from public view, neighboring properties and residential dwellings on
adjacent lots, and is in accordance with the implementing Zoning By-law.
k) Compatibility: On-farm diversified uses shall be compatible with, and not
hinder, surrounding agricultural operations, or other nearby land uses.
The proposed use, scale and location of the on-farm diversified use shall be
reviewed to ensure that potential compatibility issues with respect to traffic,
noise, dust, odour, spraying and other agricultural activities and normal farm
practices can be prevented or effectively mitigated. Further, an on-farm
diversified use shall be appropriately designed, buffered and/or separated
from nearby residential and other sensitive land uses to prevent, or
acceptably mitigate, potential impacts and to minimize risk to public health
and safety.
The on-farm diversified use shall be reviewed to ensure that all applicable
provincial and municipal requirements regarding, emissions, noise, odour,
nuisance, compatibility, water, and wastewater standards are addressed and
that the proposal has received all applicable environmental approvals and
addressed any public health and safety requirements.
The site plan approval for the proposed on-farm diversified use shall
incorporate any restrictions or requirements that may be necessary to
implement this policy.
l) Minimum Distance Separation: On-farm diversified uses shall be located in
conformity with MDS I. However, site specific exceptions may be considered
where:
i. an existing insufficient MDS I setback will not be further reduced and
the use is unlikely to create greater compatibility issues; or,
ii. the Municipality is satisfied that the level of human occupancy and/or
activity associated with the on-farm diversified use does not warrant
full compliance with MDS I;
The application of the MDS I setback to on-farm diversified uses will be
identified through the provisions of this Plan and the Zoning By-law.
m) Servicing: Existing or proposed individual on-site water services and
individual onsite sewage services are demonstrated to be adequate or will be
made adequate to serve the proposed on-farm diversified use, and shall be in
accordance with the requirements of the Municipality, including the
applicable policies of Section 6 of this Plan. On-farm diversified uses must
also be appropriate for other rural infrastructure and public services.
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n) Traffic and Access : Vehicular access for an on-farm diversified use shall not
create a traffic hazard due to proximity to bridges, railway crossings, curves or
grades or any other potential traffic hazard. On-farm diversified uses shall be
located on a road capable of accommodating the access and the type and
volume of traffic anticipated to be generated, to the satisfaction of the
authority with jurisdiction over the road, and be in accordance with the
applicable policies of Section 6 of this Plan.
o) Restrictions on Severance: The severance of an on-farm diversified use from
the agricultural lot upon which it is located shall not be permitted.
p) Other Applicable Policies: Proposals shall also comply with all other
applicable policies of this Plan.
3.3.4 Agriculturally-related Uses
Agriculturally-related uses are defined by provincial policy and are composed of
farm-related commercial and industrial operations that support the
Municipality’s agricultural sector, provide products and services directly to
farming operations, and benefit from being near the farming operations they
serve. Agriculturally-related uses are not considered On-Farm Diversified uses.
These uses include warehousing and distribution associated with local farming
operations, farm produce stands, grain dryers, agricultural research centres,
wineries and cideries, abattoirs, flour mills, stock yards, farm equipment repair,
agricultural auction establishments, and feed, seed, and fertilizer suppliers. These
uses will be permitted across the “Agricultural Area” designation subject to the
other policies of this Plan and the following:
a) when located in an agricultural designation, the total area of the use should
generally be less than 1 ha in size, including all buildings, driveways, parking,
and outdoor areas. Where a larger operation is proposed, the proponent will
be required to demonstrate that there will be no negative impacts on farming
operations or the rural character of the area;
b) the use serves agricultural operations in the area;
c) any buildings housing the agriculturally-related use are generally located
within the existing farm-building cluster, if located on a farm property;
d) there is no noise, lighting, dust, traffic, or odour from the business or industry
that will have an adverse impact on adjacent properties or agricultural
operations and will comply with the MDS Formulae;
e) that rural character is maintained or enhanced through the development’s
architecture, massing, and landscaping; and,
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f) the proposed potable water treatment and supply system; method of
sanitary sewage collection, treatment and disposal; solid waste disposal; and
any emissions to the environment shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks or its delegated authority and be in accordance with the policies of this
Plan.
3.3.5 Home-based Businesses & Industries
Home businesses and industries are classified as on-farm diversified uses under
provincial policy and include a wide range of small scale enterprises that can
operate discretely out of a residence, or other building, by the resident of the
property and include a range of professional services and the operations of
tradespeople but do not include manufacturing, retail, or wholesale operations.
Home-based businesses and industries will be permitted across in the
“Agricultural Area” designation subject to the On-Farm Diversified Use policies in
Section 3.3.3, and all other policies of this Plan.
3.3.6 Core Agri-tourism Operations
Agri-tourism operations are classified as on-farm diversified uses under provincial
policy and include a wide-range of leisure-related uses or activities related to
farming and agriculture. Uses that are directly related to a farming operation
such as ‘pick-your own’ produce establishments, tasting rooms for a winery or
cidery, sugar-shacks, petting zoos, tourist ranches, and produce markets shall be
permitted across the “Agricultural Area” designation subject to the On-Farm
Diversified Use policies in Section 3.3.3, and all other policies of this Plan.
3.3.7 Other Agri-tourism Operations
3.3.7.1 In some cases, agritourism operations may not have a direct relationship to a
farm operation or agriculture but may still be complementary to farming or rural
character. These uses include farmers markets, antique markets, bed and
breakfasts, and outfitters for hunting, fishing, and camping. They may also
include spas, retreats, outdoor recreational uses, and special event venues
whose programming is based around rural character and/or rural activities.
These uses may be permitted on a case-by-case basis in the “Agricultural Area”
designation subject to:
a) The On-Farm Diversified Use policies in Section 3.3.3;
b) Completion of an agricultural impact assessment to evaluate potential
impacts on agricultural operations and the agricultural system; and,
c) A Zoning By-law Amendment to ensure compatibility and appropriateness of
the proposed use.
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3.3.7.2 In undertaking any required agricultural impact assessment, the level of detail of
the assessment should correspond with the scale and intensity of the proposed
use.
3.3.8 Division of Agricultural Parcels
It is a policy of this Plan to discourage the division of large farms into smaller
holdings and to encourage continued farm use. The assembling and
disassembling of agricultural land into more efficient or more productive farming
units may be permitted. In considering applications to divide agricultural parcels
of land, the Municipality shall have regard to:
a) The need to discourage the unwarranted fragmentation of farmland;
b) The agricultural capability of the land;
c) The type of agricultural activity engaged in and proposed to be engaged in;
d) Both the severed and retained parcels must be sufficiently large enough to
permit flexibility for future changes in the type or size of the farming
operation, in order to meet changing economic conditions;
e) The severed and retained parcels are both suitable for the type of agriculture
use(s) common in the area and the farm size is appropriate for the type of
agriculture operation proposed;
f) The requirements of the Planning Act and the Provincial Planning Statement,
as amended;
g) The minimum farm parcel size as established in the Zoning By-law; and,
h) The MDS Formulae.
3.3.9 Farm Consolidation and Surplus Farm Dwellings
3.3.9.1 In accordance with the Provincial Planning 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
“Agricultural Area” 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
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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; and,
c) A minimum of one existing dwelling within the Municipality of Bayham must
be retained by the proponent farm operation, or a registered owner of the
proponent farm operation.
3.3.9.2 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; and,
c) Be rezoned in a Rural Residential Zone in the Zoning By-law.
3.3.9.3 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.
3.3.9.4 All parcels of property constituting the retained agricultural lands shall:
a) Depending on the current zoning and lot size, meet the provisions of the
Zoning By-law; and,
b) Be rezoned to prohibit the placement, development, or establishment of any
additional type or form of residential dwelling units thereon, including
additional residential units, regardless of changes in property boundary or
ownership.
3.3.10 Lot Adjustments
Consents to sever and convey land in areas designated “Agricultural Area” may
be permitted for lot adjustments, lot additions, boundary changes, easements
and rights of way, technical severance or correction of title, provided no new
conveyable lot(s) are created and are in accordance with the provisions of the
Zoning By-law.
3.3.11 Farm Labour Accommodations
3.3.11.1 Certain types of farming operations require outside farm labour to function. As
such, the establishment of farm labour accommodation is permitted in the
“Agricultural Area”, subject to the following policies:
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a) Minor Variance: Such accommodations may only be permitted by a minor
variance to the Zoning By-law and may not be severed from the farm
operation;
b) Built-Form: Such accommodations may be temporary building(s) in the form
of a mobile home or modular home; or a permanent building(s) in the form
of a converted dwelling or bunkhouse;
c) Alternative Location(s): 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;
d) Need: Sufficient information must be provided which outlines how the type,
scale, and/or size of the farm operation warrant the need for the proposed
farm labour accommodation(s);
e) Existing accommodations: Sufficient justification must be provided to show
how any existing farm labour accommodations that are part of the farming
operation can’t satisfy the housing needs of the farming operation;
f) Location: Sufficient justification must be provided to show how the location
of the farm labour accommodation makes efficient use of existing services
and infrastructure and how the location will not impact surrounding land
uses. Preference will be given to close proximity to principal farm dwellings
and the use of natural landscaping to buffer temporary dwellings from
surrounding land uses;
g) Size and Type: The farm labour accommodation is of a minimum size and
type that can accommodate both health unit and building code
requirements, and shall be no larger than necessary to accommodate the
needs of the temporary farm help residing in the accommodation. Preference
will be given to temporary building(s), or alternatively permanent building(s)
that are one storey in height, with a cumulative maximum floor area of
approximately 167 m2 for all farm labour accommodations on the lot;
h) Rural Character: The temporary building(s), or alternatively permanent
building(s), address visual impacts on rural character through architecture,
massing, and landscaping;
i) Amenity Space: There is adequate amenity space incorporated into the
development for the occupant(s) of temporary building(s), or alternatively
permanent building(s);
j) Services: The farm labour accommodation must demonstrate an adequate
supply of potable water and sanitary sewage disposal system to the
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satisfaction of the Municipality. Preference will be given to building(s) which
can make use of existing services; and,
k) Vehicular access: The farm labour accommodation must demonstrate how
vehicular access will not contribute to any traffic-related hazards to the
satisfaction of the appropriate road authority. Preference will be given to the
use of existing driveways.
3.3.11.2 Farm labour accommodation that cannot comply with the policies in Subsection
3.3.12.1 above are referred to as “Large Scale Farm Labour Accommodation” and
may be permitted for temporary accommodation of seasonal farm labour
through temporary dwellings or a permanent dwelling, subject to a Site-Specific
Official Plan and Zoning By-law Amendment and a Site Plan Application based on
the following criteria:
a) Alternative Location(s): Demonstration that alternative locations for the
accommodation in existing farm labour accommodation 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;
b) Rural Character: The temporary building(s), or alternatively permanent
building(s), address visual impacts on rural character through architecture,
massing, and landscaping;
c) Amenity Space: There is adequate amenity space incorporated into the
development for the occupant(s) of temporary building(s), or alternatively
permanent building(s);
d) Compatibility: 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,
e) Location: A location in the Municipality where the site and building design
shall provide appropriate accommodation for the health and safety of
seasonal farm labourers.
3.3.11.3 The Municipality may enter into a development agreement with the applicant
relating to such matters as location, maintenance, buffering, removal, and period
of occupancy of any Farm Labour Accommodation, as well as any other matters
deemed appropriate to ensure that the building(s) is used for its intended
purpose of providing housing for farm help.
3.4 Estate Residential Designation
3.4.1 Estate Residential uses shall only be permitted on lands previously designated
Estate Residential on Schedule “B” to this Official Plan, prior to approval of this
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Plan. The Municipality prohibits the creation of new estate residential
designation in the Rural Area.
3.4.2 Estate residential uses shall be restricted to one single-detached dwelling per lot.
3.4.3 The keeping of livestock in a hobby farm context is permitted in conjunction with
estate residential uses provided the complement of livestock is small and can
comply with the requirements of the applicable MDS formula.
3.5 Mobile Home Parks Designation
3.5.1 Mobile Home Parks may be permitted in areas designated “Mobile Home Parks”
on Schedule “B” to this Official Plan. Furthermore, the following existing mobile
home parks are recognized in the “Mobile Home Parks” designation by this Plan
and shall be appropriately zoned in the Zoning By-law:
a) In addition to an existing 5.1 hectare mobile home park, an additional 4.5
hectares of land in Lots 23, 24, Concession 9, and municipally addressed as
11981 Plank Road, will be considered for mobile home park purposes subject
to site-specific Official Plan and Zoning By-law amendments in accordance
with the applicable Official Plan policies and subject to the following
requirements:
i. Studies completed to the satisfaction of the Ministry of the
Environment Conservation and Parks and the Municipality with respect
to the proposed sewage and water services in accordance with
Subsections 3.2 and 6.4 of this Plan.
ii. Completion of an Environmental Impact Study (EIS) in accordance with
Section 5 of the Official Plan.
iii. Demonstration that MDS I has been satisfied and that the policies of
Subsection 3.2 will be addressed.
b) Lot 5, Concession 8, Municipality of Bayham, municipally addressed as 10085
Culloden Road;
c) Lot 13, Concession 2, Municipality of Bayham, municipally addressed as 4899
Plank Road.
3.5.2 Development of Mobile Home Parks is limited to expansions of existing parks or
to new parks within settlement areas as designated on the Schedules of this Plan.
The expansion of any of the listed existing parks above, will be subject to the
policies of Subsections 3.2.8 and 4.5 of this Plan. Proposed expansion of Mobile
Home Parks into the “Agricultural Area” designation shall be discouraged and
may only be considered by a site-specific Official Plan Amendment and an
accompanying Zoning By-law Amendment, subject to the policies of the
Provincial Planning Statement for non-agricultural uses in prime agricultural
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areas, the Minimum Distance Separation Formulae, and applicable policies of this
Plan.
3.6 Seasonal Travel Trailer Parks and Campgrounds Designation
3.6.1 Seasonal travel trailer parks and campgrounds may be permitted in areas
designated “Seasonal Travel Trailer Parks and Campgrounds” on Schedule “B” of
this Plan. Subject to the policies of Subsection 3.2 of this Plan and the Provincial
Policy Statement, it shall be the policy of this Plan to encourage new seasonal
travel trailer parks or campgrounds to locate in areas conducive to such
development. Such areas should be part of the Otter Creek System, or on the
shoreline of Lake Erie where exceptional scenic vistas, aesthetic settings and
recreational opportunities exist, subject to the policies of this Plan including
Subsection 3.2.8 (Minimum Distance Separation (MDS) Formulae) and Section 8
(Development Hazards). Consideration in the evaluation of proposed seasonal
travel trailer parks or campgrounds shall be in accordance with Subsection 4.6 of
this Plan.
3.6.2 Notwithstanding any policies of this Plan to the contrary, the following existing
Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and
shall be appropriately zoned in the Zoning By-law:
a) Lot 15, Concession 1, municipally addressed as 55353 Lake Shore Line;
b) Lot 17, Concession 2, municipally addressed as 55900 Glen Erie Line;
c) Lot 5, Concession 3, municipally addressed as 6679 Woodworth Road; and,
d) Lot 5, Concession 8, municipally addressed as 54428 Talbot Line.
3.7 Institutional Designation
3.7.1 Public institutional uses that serve the needs of the community and require a
rural location may be permitted on lands designated “Institutional” on Schedule
“B” of this Plan. Examples of such uses include schools, churches, museums,
meeting halls and cemeteries.
3.7.2 Several small-scale institutional uses such as churches, cemeteries and schools
currently exist within the Rural Area on Schedule “B” of this Plan. These uses
typically serve local rural populations and have limited conflicts with adjacent
agricultural or rural uses. These uses will be zoned in a site-specific fashion
consistent with their low building coverage to lot area ratio.
3.7.3 Notwithstanding Subsections 3.7.1 and 3.7.2, new institutional uses shall be
directed to designated settlement areas in the Municipality where municipal
services and/or amenities exist. The establishment of new, or expansion of
existing, institutional uses in the Rural Area shall be discouraged and may only be
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considered by a site-specific Official Plan Amendment and an accompanying
Zoning By-law Amendment.
3.7.4 In order to protect the surrounding resource lands from the effects of the
proposed use, the proposed institutional use is subject to the Minimum Distance
Separation Formulae and should meet, in addition to the policies of this Plan, the
following criteria:
a) The road capacity exists for any projected increased traffic flow;
b) The topography lends itself to the particular use;
c) Natural heritage features and areas are protected;
d) Solid waste disposal can be taken care of adequately; and,
e) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.7.5 The potable water supply, sanitary sewage treatment and disposal, taking of
water and any emission to the environment shall meet the requirements of and
be approved, if required, by the Ministry of the Environment Conservation and
Parks, and/or the appropriate approval authority as applicable and be in
accordance with the policies of this Plan.
3.8 Commercial / Highway Commercial Designation
3.8.1 All commercial uses are encouraged to be located within settlement areas.
Notwithstanding this, commercial uses may be permitted in areas currently
designated “Commercial / Highway Commercial” on Schedule “B” of this Plan
subject to the Minimum Distance Separation Formulae. Permitted uses shall
include those commercial uses which rely heavily upon automobile or truck
traffic for their economic existence, and such uses may include automobile
service stations, public garages and automobile sales agencies, farm machinery
sales and service, farm supplies, building supply outlets, convenience stores,
motels, drive-in restaurants or other eating establishments and accessory retail
uses together with a residence of the owner or caretaker provided it is
structurally attached to the commercial use.
3.8.2 Retail uses such as grocery stores, clothing and apparel, hardware, drug stores,
etc., as well as shopping centres that would compete for retail sales with the
retail facilities of urban areas will be discouraged in the Rural Area of the
Municipality.
3.8.3 The establishment of new, or expansion of existing, commercial uses in the Rural
Area shall be discouraged and may only be considered by a site-specific Official
Plan Amendment and an accompanying Zoning By-law Amendment. In addition
to the Minimum Distance Separation Formulae per Subsection 3.2.8, the
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following policies shall govern the development and zoning of commercial uses,
which shall be included in a ‘Highway Commercial Zone’ or ‘Rural Commercial
Zone’ in the Zoning By-law and which are subject to the policies of the Provincial
Planning Statement for non-agricultural uses in prime agricultural areas, where
applicable:
a) Commercial uses in locations other than along, or at intersections with
Highway No. 3 or County Roads may be permitted on a limited basis; and,
b) The development of laundromats, car washes or other high water consuming
establishments will not be permitted unless they can be connected to a piped
municipal water supply and have an appropriate means of sanitary sewage
treatment and solid waste disposal.
3.9 Recreational Designation
3.9.1 Recreational uses such as golf courses and other public and private parks may be
permitted on lands designated “Recreational” on Schedule “B” to this Official
Plan. The establishment of new, or expansion of existing, recreational uses in the
Rural Area shall be discouraged and may only be considered by a site-specific
Official Plan Amendment and an accompanying Zoning By-law Amendment.
3.9.2 In order to protect the surrounding resource lands from the effects of the
proposed use, the proposed recreational use is subject to the Minimum Distance
Separation Formulae and should meet, in addition to the policies of this Plan, the
following criteria:
a) The road capacity exists for any projected increased traffic flow;
b) The topography lends itself to the particular use;
c) Natural heritage features and areas are protected;
d) Solid waste disposal can be taken care of adequately; and
e) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.9.3 The potable water supply, sanitary sewage treatment and disposal, taking of
water and any emission to the environment shall meet the requirements of and,
if necessary, be approved by the Ministry of the Environment Conservation and
Parks, and/or the appropriate approval authority as applicable and be in
accordance with the policies of this Plan.
3.10 Industrial Designation
3.10.1 The lands designated “Industrial” on Schedule “B” in Part Lots 18, 19 and 20,
Concession 11, in the north bordering the Township of Southwest Oxford and
Norfolk County are recognized as the “Bayham Industrial Park” and the main
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industrial area of the Municipality of Bayham. Further, this area is recognized as
the “Strategic Employment Areas” designation on Schedule “A” of this Plan. In
addition to the Strategic Employment Areas policies in Subsection 2.3 of this
Plan, the following criteria shall be applied to the development of these lands:
a) The lands shall be developed in a manner which ensures access to interior
lands and which is consistent with road networks in the neighbouring Town
of Tillsonburg.
b) Any proposed development abutting the Big Otter Creek ANSI shall require an
Environmental Impact Study (EIS) in accordance with the policies of this Plan.
Terms of Reference for the EIS may be detailed upon consultation with the
Municipality and Conservation Authority.
c) Parcels of land adjacent to Provincial Highway 3 may also be developed for
commercial purposes in accordance with the policies in Subsection 3.8 of this
Plan.
d) Development will proceed by the plan of subdivision process for the creation
of lots. All lots created by a plan of subdivision and adjacent to Provincial
Highway 3 must be reverse frontage lots with no direct access to the highway.
Access to the Industrial Park will be by (a) new municipal road(s), intersecting
a Municipal or County Road at a location acceptable to the Ministry of
Transportation.
3.10.2 Industrial uses in locations other than the Bayham Industrial Park may be
permitted on a limited basis subject to an Official Plan Amendment and an
accompanying Zoning By-law Amendment, provided they meet the Minimum
Distance Separation Formulae, all other applicable policies of this Plan, and the
Zoning By-law regulations for industrial uses.
3.10.3 The general principles to be considered in the development and zoning of lands
designated as “Industrial” on Schedule “B” are as follows:
a) The Zoning By-law shall provide a separate set of Zone Regulations for Rural
Industrial uses, such that they are distinguishable from smaller scale and
farm-related industrial uses;
b) Industries which create adverse off-site environmental impacts such as air
pollution, odour, noise, or which generate excessive solid or liquid wastes
either in volume or toxicity will not be permitted;
c) Industries should not require municipal sanitary sewer service. Only ‘dry’
industrial uses shall be permitted. A ‘dry’ industrial use shall be defined as a
use that does not require water for cooling, washing, and processing and
whose subsurface sanitary sewage treatment and disposal system(s) are used
solely for the domestic waste generated by employees;
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d) Industries should not require connection to a municipal water supply, unless
the establishment of private potable water supply is deemed impossible by
either failed services or physical constraints;
e) The proposed potable water supply system and method of sanitary sewage
treatment and disposal, solid waste disposal, taking of water, and any
emissions to the environment shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks and/or the appropriate approval authority;
f) Adequate off-street parking shall be provided;
g) Access points to such parking areas shall be limited in number and designed
in a manner that will minimize the danger to vehicular and pedestrian traffic;
h) Adequate buffering in the form of landscaping, fencing, or separation
distances shall be provided between the industrial area and adjacent uses to
prevent adverse impacts. Attention shall be given to buffering and
landscaping of parking lots; and
i) Where applicable, demonstrate that the policies of the Provincial Planning
Statement for non-agricultural uses in prime agricultural areas are met.
3.11 Conservation Lands Designation
3.11.1 General Policies
3.11.1.1 The areas of exceptional scenic and recreational value, and geographic and
environmental significance throughout the planning area, and particularly along
the Lake Erie shoreline, should be preserved and/or developed in order to
maintain their inherent environmental and scenic values. These areas should be
designated as “Conservation Lands”.
3.11.1.2 The designation is distinct from “Hazard Lands”, in that a physical environmental
hazard may not be present.
3.11.1.3 Any development in areas of exceptional scenic or recreational value should be
regulated so that its impact will not detract from the natural environmental
character of the area. Proper forest resource management procedures should be
adhered to and all tree removal should be done in accordance with the Elgin
County Tree Cutting By-law
3.11.1.4 The major areas of scenic and recreational value should be accessible to the
public. Such areas in public ownership should be designated “Conservation
Lands”.
3.11.1.5 The “Conservation Lands” designation may be used to protect Natural heritage
features and areas from incompatible development. It may also be used to assist
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in the preservation and management of Cultural Heritage and Archaeology in
accordance with the Provincial Planning Statement.
3.11.1.6 The Municipality supports the use of conservation easements between private
landowners and conservation agencies in accordance with the Conservation Land
Act. Conservation easements may be used:
a) for the conservation, maintenance, restoration or enhancement of all or a
portion of land or wildlife on the land;
b) for the protection of water quality and quantity, including protection of
drinking water sources;
c) for watershed protection and management;
d) for the conservation, preservation or protection of the land for agricultural
purposes; or
e) for any other purposes prescribed by the Conservation Land Act.
3.11.1.7 Where lands designated for conservation are in private ownership, this Plan does
not intend that any particular parcel will necessarily remain in this category
indefinitely, nor does the Plan imply that any “Conservation Lands” are free and
open to the general public or will be purchased at any time by the Municipality
or any other public agency. If an application is made to the municipality to
change the designation of “Conservation Lands”, the Municipality will first
determine if the land is required for public purposes and if it can be purchased by
the Municipality or other public agency. If the land is not to be purchased, then
the Municipality may give consideration to the proposed amendment to the
Plan.
3.11.2 Permitted Uses
3.11.2.1 The “Conservation Lands” designation shall mean that the predominant use of
the land shall be for the preservation and enjoyment of significant natural
resources such as:
a) Water resources;
b) Unique vegetation or wildlife habitats;
c) Forestry (sylviculture);
d) Valuable recreation resources;
e) Historic sites;
f) Designated outdoor recreation areas;
g) Any natural resources the community and/or the Conservation Authority
deem to be important as an environmental asset to the area.
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3.11.2.2 Areas designated for conservation may have accessory residential buildings on a
seasonal basis but no new permanent residential buildings shall be established.
3.11.2.3 Existing residences and/or agricultural operations on “Conservation Lands” may
be maintained to permit the existing use.
3.12 Licensed Pits and Quarries
Legally existing pits and quarries licensed under the Aggregate Resources Act and
identified on Schedule “B” of this Plan shall be zoned appropriately in the Zoning By-law.
These operations shall be permitted to continue and shall be protected from new
incompatible adjacent land uses and activities and in accordance with policies in
Subsection 7.2 of this Plan.
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Settlement areas are composed of the Municipality’s villages and hamlets. These areas are
centres for residential, commercial, industrial, and institutional development in the Hamlets of
Corinth, North Hall, Eden, Richmond and Calton, and the Villages of Straffordville, Vienna and
Port Burwell. It is the intent of this Plan to concentrate all urban growth in these centres in
order to provide important economic and social functions for the Municipality’s residents and
businesses and prevent scattered non-farm development in prime agricultural areas. To that
end, the following objectives have been identified as they relate to settlement areas in the
Municipality:
a) Protect the unique small-town character of the Municipality’s settlement areas;
b) Facilitate the creation of compact, complete, and pedestrian-friendly communities that
provide equitable access to a range of local economic and social opportunities, centred
around a vibrant main street or commercial core;
c) Ensure that development and redevelopment utilizes land efficiently, as servicing will
permit;
d) Ensure that development is appropriately located, safely accessed, and adequately
serviced; and,
e) Encourage the use of environmental best practices for development and redevelopment.
4.1 Composition of Settlement Areas
Settlement Areas are composed of all lands designated as such in this Plan and are made
up of the Municipality’s villages and hamlets. It is intended that future development
within the Municipality of Bayham will take place in accordance with the land use
designations shown on the following Schedules:
• Schedule “B” Land Use Plan
• Schedule “B1” Village of Straffordville: Land Use and Constraints
• Schedule “B2” Village of Vienna: Land Use and Constraints
• Schedule “B3” Village of Port Burwell: Land Use and Constraints
4.2 General Development Policies
In addition to the other policies of this Plan, the following policies apply to all Settlement
Areas identified in this Plan:
4 SETTLEMENT AREAS
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a) The Municipality will place the highest priority on the location of new urban
development in areas of the Municipality where full municipal services are readily
available; and,
b) Large residential, commercial or industrial development proposals, generally defined
as plans of subdivision or plans of condominium with more than five (5) lots, shall be
restricted until both sewer and/or water services can be provided to the site(s) under
consideration in accordance with Ministry of the Environment Conservation and
Parks requirements.
4.2.1 Community Design and Protecting Urban Character
4.2.1.1 The Municipality of Bayham’s urban character is defined by small, human scale
communities centred on a crossroads, main street, or small commercial core
composed of concentrations of pedestrian-friendly (often older) built form, with
a variety of retail, employment, residential, and civic uses. 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, which may be further detailed through urban design
guidelines and standards approved by Council. 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 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;
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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
development approvals process;
j) Enhancing the pedestrian-friendly nature of the settlement area;
k) Reinforcing and enhancing the sense of community through connectivity and
integration with existing built areas, and the provision of community spaces
and facilities;
l) Using massing, scale, architectural, and/or urban design elements to
reinforce the character of the settlement;
m) Respecting the role and primacy of the settlement area’s main street or
commercial core and encouraging the development and/or retention of local
retail and commercial amenities;
n) Using design concepts that reference or reflect the history and/or historic
character of the settlement area;
o) 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;
p) At the Municipality’s discretion, it shall be incumbent on an applicant to
demonstrate how their proposal protects and enhances urban character
within their submission materials for certain proposals; and,
q) In the case of proposals for industrial / employment uses, applicants shall be
encouraged to demonstrate how their proposal will be sensitively integrated
with adjacent non-industrial / employment uses where applicable.
4.2.1.2 Exceptions
While the protection and enhancement of urban character is not intended to
require historic reproduction or to limit intensification or higher density
development, rather innovative architectural styles and urban forms that protect
and enhance the Municipality’s urban character and assist in sensitively
integrating higher density development are encouraged. It shall be incumbent on
an applicant to demonstrate how their proposal protects and enhances urban
character, and to that end, an urban design brief may be required for certain
proposals. In the case of proposals for industrial / employment uses, applicants
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shall be encouraged to demonstrate how their proposal will be sensitively
integrated with adjacent non-industrial / employment uses where applicable.
4.2.2 Development in Tier I Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier I Settlement Area, it shall be
demonstrated that the new development will:
a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area, be compact, and minimize the consumption of land
and infrastructure;
b) confirm that there is sufficient reserve capacity in both the municipal water
and sanitary sewage systems to accommodate the development, and be
connected to those systems, except in cases of minor infilling in existing
developed areas where other servicing options may be considered;
c) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
d) achieve a minimum net density of 20 units/net hectare where residential
development is proposed however, should the Municipality be satisfied that
this is not appropriate in certain circumstances due to geography,
topography, or other similar factors, this requirement may be waived;
e) front onto, and be directly accessed, by a public road that is maintained year-
round by a public authority;
f) conform to the access policies of the relevant road authority; and,
g) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.3 Development in Tier II Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier II Settlement Area it shall be
demonstrated that new development will:
a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area and minimize the consumption of land to the extent
possible;
b) confirm that there is sufficient reserve capacity in the municipal water and
sanitary sewage systems, to accommodate the development, if a connection
to either system is proposed;
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c) be sized appropriately to accommodate either an on-site drinking water
system or sanitary sewage system, as the case may be, if proposed;
d) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
e) front onto, and be directly accessed, by a public road that is maintained year-
round by a public authority;
f) conform to the access policies of the relevant road authority; and,
g) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.3.1 Notwithstanding Subsection 4.2.b) or any other policy in this Plan, large
residential, commercial or industrial developments may be permitted on lands
within the Village of Straffordville and Hamlet of Eden which are not serviced by
municipal water services, without an Official Plan Amendment in accordance
with the following criteria:
a) The developer shall provide servicing plans for future municipal water
services for the subject lands and connection(s) to municipal water services
in the design of any draft plan of subdivision or condominium application to
ensure that these services or facilities can be provided up to the appropriate
standard, which complies with all regulatory requirements, and protects
human health and the natural environment in the event of future municipal
service extensions to the area;
b) Hydrogeological and/or geotechnical reports must be submitted to the
satisfaction of the Municipality, which demonstrate that no long-term
negative impacts to water quantity and quality will be produced by the
development and there is sufficient long-term water quantity and quality
available for the development; and,
c) Confirmation from the Municipality of sufficient reserve sewage system
capacity within municipal sewage services for any proposed development is
required.
4.2.4 Development in Tier III Settlement Areas
In addition to the General Development Policies of Subsection 4.2, in cases
where new development is proposed within a Tier III Settlement Area, it shall be
demonstrated that the new development will:
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a) comprehensively develop the land in question, serve as a logical extension to
the existing built-up area and minimize the consumption of land to the extent
possible;
b) be sized appropriately to accommodate both an on-site drinking water
system and sanitary sewage system as the case may be;
c) where feasible, retain and integrate, mature trees into the development
through the preparation of tree preservation plan and/or landscape plan,
regardless of whether the trees form part of the designated Natural System;
d) front onto, and will be directly accessed, by a public road that is maintained
year-round by a public authority;
e) conform to the access policies of the relevant road authority; and,
f) make any required improvements to public roads, including any required
road dedications, needed to facilitate safe ingress and egress and to meet the
standards and requirements of the appropriate road authority.
4.2.5 Community Improvement Areas
4.2.5.1 Municipal Council has determined that all of the Settlement Areas shown on
Schedule “A” of this Plan shall form the “Community Improvement Areas” in the
Municipality of Bayham to the 2051 planning period. Municipal Council may
determine that additional community improvement project areas within the
Municipality of Bayham be identified, subject to the criteria set out in this
Subsection and Subsection 11.6.11 of this Plan. The overall goals in the
Community Improvement Areas are as follows:
a) To stabilize preserve and improve existing and viable residential, recreational
and commercial areas in the Hamlets and Villages of the Municipality of
Bayham;
b) To utilize community improvement initiatives as an incentive to attract new
commercial and light industrial establishments to the hamlets, with particular
emphasis on the expansion of the industrial base in the Villages of
Straffordville, Vienna and Port Burwell;
c) To safeguard the health, convenience and enjoyment of both residents and
visitors by improving social, cultural and recreational facilities and services;
d) To protect and improve the economic well being of the Municipality and its
residents by encouraging and/or participating in programs that will promote
new jobs, new capital investment and increases in the economic base and
municipal tax base, having regard for the cost/benefit relationship of such
programs;
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e) To improve the overall energy efficiency and environmental impact of
development, with particular emphasis on development in settlement areas;
4.2.5.2 The objectives for existing and new Residential development are as follows:
a) To improve conditions in older deteriorating but potentially stable and
predominantly residential areas or neighbourhoods so as to maintain their
long-term viability;
b) To encourage infilling in established residential neighbourhoods and under-
developed areas designated for such land use so as to maintain the relatively
compact configuration of development within the Hamlets and Villages;
c) To encourage rehabilitation and upgrading of existing housing stock so as to
achieve and maintain a minimum standard of housing;
d) To upgrade municipal services, public utilities and social and recreational
facilities; and,
e) To ensure that municipally operated facilities and community services are
provided consistent with the identified needs of all residents in the Hamlets
and Villages.
4.2.5.3 The objectives for existing and new Commercial development are as follows:
a) To improve both parking and pedestrian facilities in the commercial areas;
b) To encourage the rehabilitation of existing commercial and institutional
developments in the Hamlets and Villages;
c) To improve the overall attractiveness of the commercial areas in terms of
aesthetics and public amenities;
d) To diversify and expand the economic base of the Hamlets and Villages, and
to expand the range of services and shopping opportunities available in the
Hamlets and Villages; and,
e) To prepare and implement a design scheme and marketing strategy for the
“Commercial” designations in Straffordville, Vienna and Port Burwell.
4.2.5.4 In addition to the specific Residential and Commercial objectives noted in
Subsections 4.2.5.2 and 4.2.5.3, the following objectives are intended to achieve
the goals of Community Improvement:
a) Surface treat all local roads that are within the Municipality’s jurisdiction;
b) Provide curbs, gutters and asphalt on all collector and arterial roads in the
Municipality;
c) Provide adequate street lighting on all local and arterial roads in the
Municipality and on certain local roads where warranted;
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d) Provide low intensity lighting on footpaths, lanes and in park areas;
e) Provide sidewalks in urban areas of the Municipality where it is warranted by
pedestrian traffic;
f) Improve existing, and establish new parks, playgrounds, rest areas, open
space areas, indoor recreational facilities and water access facilities;
g) Improve existing and establish new social and recreational facilities and
programs for children, adults and senior citizens;
h) Phase out non-compatible land uses as identified by both the Official Plan
and the Zoning By-laws;
i) Provide publicly-owned and operated sewage collection facilities to all urban
property owners;
j) Provide publicly-owned and operated water services to all urban areas. The
water shall be of a quality water distribution system shall be of a standard
acceptable to the Ministry of Environment Conservation and Parks or their
delegated authority;
k) Generally foster local economic growth;
l) To promote the establishment, expansion, and rehabilitation of tourism and
tourist destination-oriented uses within existing buildings; and,
m) To encourage the establishment, expansion, and rehabilitation of agriculture-
related and secondary uses within existing buildings in the agricultural area.
In achieving the above objectives, Council shall consider whether finances permit
the undertaking of these objectives.
4.2.5.5 The objectives for brownfield (i.e. contaminated or potentially contaminated
sites) redevelopment are as follows:
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; and,
d) To prepare and implement design schemes and marketing of former
industrial and commercial lands in the municipality.
4.2.5.6 The criteria and policies for brownfield redevelopment are as follows:
a) Areas of industrial or former industrial uses or commercial or former
commercial uses in need of rehabilitation;
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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;
d) Council may by by-law adopt incentives for the redevelopment of brownfields
sites; and,
e) Incentives may include tax incentives, reduced development fees or other
provisions in accordance with the Municipal Act.
4.2.6 Additional Residential Units
A maximum of two (2) additional residential units shall be permitted on the same
property within Settlement Areas where single-detached, semi-detached, and/or
rowhouse dwellings are permitted, subject to the following policies:
a) Additional residential units may be located in the same building as the
primary dwelling unit or in an accessory building on the same property;
b) A maximum of one (1) additional residential unit may be located in an
accessory building;
c) A maximum of one (1) connection to existing private and\or municipal
sewage and water services shall be available to service the additional
residential unit(s);
d) The exterior building or site changes to permit the additional residential unit
shall maintain the general form and architectural character of the building
where possible; and,
e) Additional residential units shall comply with the policies of this Plan and the
regulations established in the Zoning By-law.
4.2.7 Addressing Climate Change
New development in all Settlement Areas is encouraged to be planned and
designed to mitigate and adapt to the impacts of climate change through
incorporating sustainable construction materials or practices, green
infrastructure, energy conservation standards, water efficient technologies, and
low impact development. For large development proposals, applicants may be
required to demonstrate how this will be achieved.
4.3 Hamlets
The “Hamlet” policies are intended to apply to those parts of the Municipality where
small concentrations of urban development and land uses have evolved into small,
identifiable communities. The “Hamlet” policies shall apply to the various hamlets
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designated by this Plan. Schedule “B” designates Corinth, North Hall, Eden, Richmond
and Calton as “Hamlets”. The intended function of the “Hamlets” in this Plan is to remain
as small dormitory clusters, providing limited commercial, industrial and institutional
services to the immediate surrounding area, subject to the servicing policies of this Plan.
The policy of this Plan is to restrict large residential developments (more than 5 lots)
wherever municipal services are not available, while allowing future growth on the basis
of infilling and in accordance with the Hamlet boundaries as depicted on Schedule “B”.
4.3.1 Permitted Uses
4.3.1.1 Permitted uses would include residential dwellings, variety stores, public garages,
schools, churches, small scale commercial and industrial uses, and emergency
and transitional housing.
4.3.1.2 Land uses other than residential will be permitted in hamlets if they serve the
residential function, are compatible with it, or improve the quality of life in the
neighbourhood. Examples of such uses include, but are not limited to:
• neighbourhood retail stores
• drug stores
• small-scale professional offices
• public and private small-scale institutions
• local service industrial uses
4.3.2 General Policies
4.3.2.1 Non-residential uses shall be consolidated into clusters wherever possible rather
than permitting them to spread throughout the hamlet area. The location and
site design of non-residential uses in the Hamlet designation shall provide for off-
street parking, landscaping, and adequate buffering and utilize the best
principles of urban design in order to create a high quality residential
neighbourhood.
4.3.2.2 In addition, larger scale public and private uses such as religious institutions,
clinics, convalescent homes, nursing homes, hospitals and schools will be
permitted in “Hamlets” provided that an amendment to the Zoning By-law has
been approved to protect the surrounding residential lands from the proposed
use.
4.3.2.3 Some of the principles to be considered in the development and zoning of non-
residential uses in the residential areas in “Hamlets” are as follows:
a) The permitted hamlet commercial or industrial uses shall be limited to retail
stores or service shops which provide for the daily shopping or service needs
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of the adjacent residential areas and may include an automobile service
station in a separate zoning category;
b) The location of hamlet commercial or industrial uses shall be encouraged to
locate on arterial or collector roads and indiscriminate scattering of these
uses shall be discouraged;
c) The hamlet commercial or industrial uses shall be sited so as to minimize any
adverse impacts upon the adjacent residential uses;
d) The buildings containing hamlet commercial or industrial uses shall be
designed, and any lighting or signs arranged so as to blend in with the
character of the adjacent residential area;
e) New hamlet commercial or industrial uses shall be included in a separate
zoning category in the Zoning By-law and existing commercial and industrial
facilities should also be so recognized in the zoning by-law;
f) Adequate off-street parking shall be provided; and,
g) Adequate buffer planting shall be provided between the hamlet commercial
or industrial use and any adjacent residential areas, and such buffer planting
may include provisions for grass strips, fences, and appropriate planting of
trees and shrubs.
4.3.2.4 Consents will generally be discouraged and will only be granted when it is clearly
not necessary in the public interest that a plan of subdivision be registered. If a
plan of subdivision is not deemed necessary, regard shall be had to other policies
in this Plan and to the following criteria when considering an application for a
consent in the Hamlet areas:
a) Consents shall be granted only in areas where the minor, or no extension of
any municipal service would be required. Any services required in a consent
should be satisfactory to the appropriate approval authority;
b) Consents should be granted only when the land fronts on an existing public
road, which is of a reasonable standard of construction;
c) Consents should have the effect of infilling in existing developed areas and
not of extending the Hamlet area unduly;
d) The size of any parcel of land created by a consent should be appropriate for
the use proposed considering the public services available and the soil
conditions, and in no case should any parcel be created which does not
conform to the provisions of the Zoning By-law;
e) Direct access from major roads should be restricted and residential lots
should, where possible, have access only from internal residential roads;
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f) Consents should not be granted for land adjacent to a road from which
access is to be obtained where a traffic hazard would be created because of
limited sight lines on curves or grades;
g) Consents should be granted only when the creation of the lot will not
interfere with subsequent access to interior lands;
h) Consents for mortgage, estate, or other boundary adjustment purposes shall
be permitted provided that they adhere to principles of good planning, do
not cause land use conflicts and conform to the provisions of the Zoning By-
law.
4.3.3 Residential Uses
4.3.3.1 The principal land use function of “Hamlets” shall be for clusters of non-farm
residential development in the form of single detached dwellings, other low or
medium density types of dwellings, and emergency and transitional housing.
4.3.3.2 It is the intention of this Plan to allow for the eventual development of other
residential types such as multi-unit dwellings and single unit mobile home parks
within the residential areas of the “Hamlets”. These residential types shall be
included in separate zoning categories in the Zoning By-law and will be
permitted, providing that municipal water and sewer services are available, and
an amendment to the Zoning By-law has been approved. Consideration of the
following factors shall be given in the evaluation of an amendment to the Zoning
By-law for multi-unit residential developments:
a) The uses permitted shall include the various types of multiple dwellings such
as townhouses, converted dwellings and walk-up apartments;
b) The multiple unit dwellings shall be sited to enhance the quality of the
immediate area with particular attention to the effects of vehicular and
pedestrian traffic generation;
c) Adequate off-street parking shall be provided; and,
d) Multiple unit dwellings will only be permitted in areas where municipal water
and sewer services are available.
4.3.4 Commercial Uses
4.3.4.1 The general principles to be considered in the development and zoning of
commercial uses in the “Hamlets” are as follows:
a) The uses permitted in this land use category are those uses that may serve
local residents or the entire Municipality. These uses may include, but are not
limited to:
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i. establishments essentially engaged in the buying and selling of goods
and services;
ii. automobile service stations and sales garages;
iii. places of entertainment and general assembly;
iv. offices and studios;
v. service shops;
vi. public and institutional uses; and,
vii. residential uses in the form of apartments over and beyond ground
floor commercial uses.
b) The commercial areas in the “Hamlets” should remain as compact as possible
in order to be readily accessible to the pedestrian public;
c) Adequate off-street parking within the commercial lot area shall be provided
for the convenience and safety of the people and the businesses served; and,
d) Adequate buffering shall be provided between the commercial uses and
adjacent uses to prevent adverse effects or impacts. Attention shall be paid to
adequate buffering and landscaping of parking lots.
4.3.5 Open Space Uses
4.3.5.1 The establishment of public and private parks and recreation lands within the
“Hamlets” designation is permitted.
4.3.5.2 Accessory buildings necessary for open space and recreation use will be
permitted under this designation.
4.3.5.3 Where any lands designated for open space are under private ownership, this
Plan does not indicate that such land will necessarily remain as open space
indefinitely, nor shall it be construed as implying that open space areas are free
and open to the general public or will be purchased by the Municipality in
accordance with Subsection 11.7 of this Plan. If proposals to develop any such
lands that are in private ownership are made and the municipality does not wish
to purchase such lands in order to maintain the open space, then an application
for the redesignation of such lands for other purposes will be given due
consideration by the Municipality.
4.3.5.4 The Municipality shall endeavour to maintain the existing parkland in the
municipality and should attempt, where possible, to acquire additional lands for
neighbourhood parks within the “Hamlets” as warranted by the level of
residential development in these areas, in accordance with Subsection 11.7 of
this Plan.
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4.3.5.5 It is the policy of this Plan that within all “Hamlets”, adequate open space shall
be provided. To achieve this policy, Council shall ensure that the land dedication
required pursuant to the Planning Act, for consents and new subdivisions will be
used to create local parks, in accordance with Subsection 11.7 of this Plan.
4.3.5.6 Monies acquired in lieu of parkland dedication shall be managed by the
Municipality in a park fund for use in providing recreational lands and facilities to
serve the needs of all residents.
4.4 Villages
The “Village” policies are intended to apply to those parts of the Municipality where major
concentrations of urban development exist. The “Village” policies shall apply to development in
the Villages of Straffordville, Vienna and Port Burwell as designated on Schedule “B” to the
planning horizon year of 2051, subject to the servicing policies of this Plan.
4.4.1 General Policies
4.4.1.1 There are nine (9) land use designations / constraints that apply in the three
villages as follows:
• Residential
• Multi-Unit Residential
• Harbour Residential/Commercial
• Commercial
• Industrial
• Institutional
• Open Space
• Conservation Lands
• Hazard Lands
4.4.1.2 The policies for “Conservation Lands” and “Hazard Lands” are located in
Subsection 5.11 and Section 8 of this Plan, as they are not specific to the three
Villages.
4.4.2 Residential Designation
4.4.2.1 Within the areas designated “Residential” on Schedule “B1”, “B2” and “B3”, the
primary use of land shall be for single-detached dwellings. Two-unit dwellings
and seasonal dwellings may also be permitted in order to ensure a diversity of
low-density housing types capable of meeting the needs of the Municipality. The
dwelling units permitted in the “Residential” designation will be regulated by the
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Zoning By-law. Single, seasonal residential and semi-detached dwellings and
duplexes should target a gross density of twenty (20) units per hectare.
4.4.2.2 The Municipality supports the redevelopment and residential intensification of
underutilized lands in the “Residential” designation. Such redevelopment or
intensification may consist of the uses outlined in Subsection 4.4.2.1 of the Plan.
4.4.2.3 Minor commercial or institutional land uses may be permitted if they serve the
residential function, are compatible with it, or improve the quality of life in the
neighbourhood. Minor commercial uses include small scale professional offices.
Minor institutional uses include places of worship and schools.
4.4.2.4 Home occupations may be permitted if they are clearly secondary to a residential
use, and comply with the standards and regulations as prescribed by the Zoning
By-law.
4.4.2.5 In order to maintain and strengthen the development of the “Commercial”
designation and in order to maintain the character of areas designated
“Residential”, the establishment of commercial uses will not be permitted (with
the exception of those described in Subsection 4.4.2.3) in the “Residential”
designation.
4.4.2.6 Neighbourhood parks, playgrounds and other public open space areas that serve
residential needs and complement the character of the “Residential” areas shall
be permitted in accordance with Section 4.4.8.2 provided they comply with the
standards and regulations of the Zoning By-law.
4.4.2.7 In addition to the policies of Section 4.2 as applicable, proposals for new
development in the designated “Residential” areas shall meet the following
criteria:
a) Open space: Open space including parkland shall be provided in accordance
with the policies of Section 4.4.8.
b) Adjacent and surrounding land use: The proposed development shall be
compatible with existing (or proposed) neighbouring land uses and any
proposed lots shall be consistent with adjacent and surrounding lots and be
adequately screened from adjacent land uses by the provision of landscaping
and/or buffering, where necessary or desirable.
c) Street pattern: In new residential subdivisions, the use of a curvilinear street
pattern, cul-de-sacs, and other similar design features to minimize through
traffic movements shall be encouraged.
4.4.3 Multi-Unit Residential Designation
4.4.3.1 Permitted uses in the “Multi-Unit Residential” designation are housing in the
form of emergency and transitional housing and medium density residential uses
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such as townhouses and apartment buildings, including senior citizens’
complexes.
4.4.3.2 Other uses complementary to, and compatible with, residential development
such as small scale schools, churches, clinics and parks may be permitted, subject
to rezoning. These uses will be permitted if they serve the residential function
and improve the quality of life in the neighbourhood.
4.4.3.3 Home occupations, Mobile homes or trailers are prohibited.
4.4.3.4 Apartments should target a net density of 75 units per hectare. All other
permitted uses should target a net density of 35 units per hectare.
4.4.3.5 Adequate off-street parking shall be provided and should be designed, situated,
buffered and landscaped so as to minimize adverse impacts on adjacent
properties.
4.4.3.6 Development shall enhance the quality of the residential neighbourhood, with
particular attention to the effects of vehicular and pedestrian traffic operation.
4.4.4 Harbour Residential/Commercial Designation
4.4.4.1 In the “Harbour Residential/Commercial” designation, permitted uses include
townhouses targeted to a net density of 35 units per hectare; stacked
townhouses to a targeted net density of 60 units per hectare; apartments to a
targeted net density of 75 units per hectare; marinas and associated uses,
including boat storage and repairs; parks, schools and churches; tourist
commercial establishments; and parking areas.
4.4.4.2 The waterfront is considered an important element to the community at large. As
such, Council puts considerable value in obtaining either ownership or public
easements along the Big Otter Creek for public use. Further, Council recognizes
that uses such as commercial fishing, charter boat operators, recreational
boating, recreational anglers, and the public boat ramp are important to the
social and economic health of the wider community.
4.4.4.3 To fulfil the intent of Subsection 4.4.4.2, Council may accept the dedication of a
linear open space system along the Big Otter Creek as parkland dedication
notwithstanding the policies of Subsection 11.7.2.
4.4.5 Commercial Designation
4.4.5.1 Within the area designated “Commercial”, the predominant use of land shall be
for the buying and selling of goods and services. The types of commercial uses
permitted in this designation will be specified in the Zoning By-law.
4.4.5.2 Secondary uses may also be permitted and may include residential uses in
accordance with Subsection 4.4.2, public parks and open space, off-street
parking, and small-scale manufacturing or industrial uses accessory to a
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commercial use. These secondary uses will be specified in and regulated by the
Zoning By-law.
4.4.5.3 The “Commercial” designation will be recognized as the dominant areas of
commercial activity in the Municipality. New commercial development should be
an extension of the existing area and should be discouraged from establishing in
adjacent residential areas unless it can be demonstrated that suitable sites within
the “Commercial” designation are not available.
4.4.5.4 The Municipality, in co-operation and consultation with merchants and property
owners, will seek to strengthen and enhance the “Commercial” designation. This
will be achieved by improvements to publicly and privately owned land and
through the prevention of incompatible or undesirable development taking
place.
4.4.5.5 In addition to the policies of Subsection 4.2, proposals for new development and
redevelopment shall meet the following criteria:
a) Off-street parking: Adequate parking shall be provided in accordance with the
Zoning By-law. As an alternative to providing on-site parking, the Municipality
may accept a cash-in-lieu payment with such monies going towards the
creation of new or the improvement of existing parking areas servicing the
“Commercial” designation.
b) Adjacent and surrounding land use: Adequate buffer planting or screening
may be required along the boundary between the “Commercial” designation
and any adjacent areas in any residential designation.
4.4.5.6 It is a policy of this Plan to encourage the design, construction and maintenance
of buildings, parking areas, public works and signs in a manner that will
contribute to an attractive, safe and enjoyable environment in accordance with
Subsection 4.2.1 of this Plan.
4.4.5.7 The Zoning By-law shall ensure that developments in the “Commercial”
designation are appropriately set back from the road and be buffered to prevent
adverse land use impacts and to protect adjacent residential, institutional and
open space uses.
4.4.5.8 No open storage of materials shall be permitted in the “Commercial”
designation.
4.4.6 Industrial Designation
4.4.6.1 Permitted uses in the “Industrial” designation include manufacturing,
assembling, processing, warehousing and storage. Bulk fuel facilities, public
utilities, transportation and communication facilities are also permitted.
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4.4.6.2 Buildings, offices and retail activities accessory to the “Industrial” use and an
accessory residence for a caretaker, owner or essential workmen are permitted
provided they are structurally attached to the Industrial land use.
4.4.6.3 The Zoning By-law shall ensure that industrial uses are appropriately set back
from the road and are buffered and/or landscaped to minimize any adverse
impacts on adjacent areas. The Zoning By-law shall also ensure that adequate off-
street loading and parking are provided.
4.4.6.4 Notwithstanding the use of best available abatement technology, industries have
the potential to create off-site nuisances due to noise, odours, vibration and
particulate emissions. Given the foregoing, Council will give due regard to the
guidelines referred to in the Ministry of Environment Conservation and Parks’
“Guideline D-6 Compatibility Between Industrial Facilities”, or its successor
document, when reviewing any industrial development applications in proximity
to sensitive land uses.
4.4.6.5 Industries that create extreme environmental conditions such as high air
pollution, noise, excessive solid waste generation or high liquid waste either in
volume or toxicity will not be permitted.
4.4.6.6 The proposed municipal potable water supply system, method of municipal
sanitary sewage treatment and disposal, solid waste disposal, surface and storm
drainage, taking of water, and any emissions to the environment shall comply
with the policies of this Plan and shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks. All new industrial uses will be required to connect to the municipal
potable water supply and municipal sanitary sewerage systems. Limited
exceptions may be permitted by amendment to this Plan and subject to the
approval of the appropriate approval authority.
4.4.7 Institutional Designation
4.4.7.1 Within the areas designated “Institutional”, the primary use of land shall be for
clinics, places of worship, cemeteries, municipal offices and works yards and
structures, libraries, schools, emergency and transitional housing, provincial or
federal buildings and structures, and utilities.
4.4.7.2 Minor institutional uses include places of worship and schools. Notwithstanding
any other policy of this Plan, small scale minor institutional uses are permitted in
the “Residential” and “Commercial” land use designations, subject to a rezoning.
All other institutional uses will be required to be located in an Institutional
designation and may be subject to rezoning.
4.4.7.3 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.
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4.4.8 Open Space Designation
4.4.8.1 Within the areas designated “Open Space”, the primary use of land shall be for
community parks, conservation areas, fairgrounds, other similar outdoor
recreation areas. Secondary uses such as buildings, structures and parking areas
accessory or complementary to the “Open Space” areas shall also be permitted.
4.4.8.2 Neighbourhood parks and playgrounds serving local needs shall not be included
in the “Open Space” designation but rather in a residential designation. They
may, however, be zoned in an open space category in the Zoning By-law.
4.4.8.3 The Zoning By-law will specify the range of uses permitted in the designated
“Open Space” areas as well as the minimum standards which will apply to
buildings and structures accessory or complementary thereto.
4.4.8.4 Where lands designated as “Open Space” are in private ownership, such
designation does not imply that these lands will remain as open space, nor shall
it be construed as implying that these areas are free and open to the general
public or will be purchased by the Municipality or any other public authority. If a
proposal is made to develop any such lands and the Municipality or the
appropriate public authority does not wish or is unable to purchase the lands in
question for open space purposes, the Municipality may redesignate the said
lands for development purposes.
4.4.8.5 The Municipality will continue to support the development and maintenance of
recreation facilities; the acquisition, beautification, and maintenance of public
open space; and the development of recreation programs insofar as its financial
resources permit.
4.4.8.6 The Municipality will ensure that adequate, safe neighbourhood parks are
provided to serve the areas in any residential designation. A minimum size for a
neighbourhood park may be established in the Zoning By-law.
4.4.8.7 Port Burwell’s sewage treatment plant may periodically generate odours that
could be a source of nuisance to residential and other uses if such uses were
permitted to locate in close proximity to the plant. In order to avoid land use
conflicts and to protect the site from encroachment, the Municipality may not
adopt any amendments to the “Open Space” designation that would permit
odour sensitive uses to locate within 150 metres of the property/lot line of the
sewage treatment works.
4.5 Mobile Home Parks
4.5.1 Consideration of the following factors shall be given in the evaluation of an
amendment to the Zoning By-law for mobile home parks:
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a) All mobile homes are to be contained in a mobile home park development,
which may be established by a Plan of Subdivision pursuant to the Planning
Act;
b) The land shall be accessible to a main road by means of the roads within the
mobile home park;
c) The mobile home park shall be located such that bus or school services are
not unduly affected, and these shall be available to the site;
d) The park must be served by a municipal or communal water supply and
sewage disposal systems, which meet the requirements of and are approved
by the Ministry of the Environment Conservation and Parks, or its delegated
authority as applicable. The methods of and arrangements for ensuring
responsibility for systems operation and maintenance shall satisfy the
Ministry;
e) The maximum density of development will not exceed 20 units per hectare
and the minimum home size shall be 55 square metres;
f) Utilities and services such as hydro, lighting, telephone, roads and sidewalks
shall be provided by the developer. Garbage collection and disposal may be
provided by the developer or by the Municipality;
g) Adequate buffering shall be provided to shield the mobile home park from
neighbouring uses and vice versa;
h) Eight percent of the gross area of the mobile home park shall be designated
as a recreational area. The buffer zone shall not be a part of the recreation
area;
i) Mobile home parks shall as a general rule, be a maximum of 80 units and a
minimum of 20 units in size;
j) For the purposes of this plan, a “mobile home” shall be defined in accordance
with the Planning Act, but does not include any single-detached dwelling that
has been constructed so as to be located on a site other than that which it
has been constructed on.
4.5.2 It shall be the policy of this plan that an applicant who wishes to develop a
mobile home park or expand an existing mobile home park in the Village
designation shall enter into a development agreement with the Municipality
prior to the passing of an amendment to the implementing Zoning By-law. Such
an agreement shall include:
a) Arrangement for buffer planting to effectively screen the proposed
development from other residential, commercial or industrial uses;
b) Installation and maintenance of services;
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c) Control of drainage on and from the property;
d) Control of the specific use to be made of the property and the location of all
facets of the development by a site plan. This site plan shall indicate:
i. The true shape, topography, contours, soil and drainage characteristics,
dimensions, acreage and location of the property to be developed as
well as the extent of adjacent property held for future mobile home
park development;
ii. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 100 metres from the land that is to
be developed for the mobile home park;
iii. The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
iv. All entrances and exits;
v. Design plans for the progressive and ultimate development of
individual mobile home lots, ancillary facilities and internal roads;
vi. Drainage provisions - the method and final grades, by which the mobile
home park shall be adequately drained, certified by a qualified
engineer.
vii. Any other requirements deemed necessary by the Municipality.
4.5.3 Notwithstanding any policies of this Plan to the contrary, the following existing
mobile home parks have been recognized in a Settlement Area designation of
this Plan and shall be appropriately zoned in the Zoning By-law;
a) 33 Pitt Street and 32 Wellington Street, Port Burwell; and,
b) 12 Elizabeth Street, Port Burwell.
4.6 Seasonal Travel Trailer Parks
4.6.1 Seasonal travel trailer parks are permitted in designated “Hamlets” and areas
designated as “Open Space” or “Conservation Lands” in Straffordville, Vienna, or
Port Burwell by an amendment to the Zoning By-law.
4.6.2 It shall be the policy of this Plan that an applicant who wishes to develop or
expand an existing seasonal travel trailer park shall enter into a development
agreement with the Municipality prior to the passing of an amendment to the
Zoning By-law. Such an agreement shall include and ensure that the seasonal
travel trailer park meets the following requirements:
a) The park must be accessible to a main road by means of a service road or
roads within the park;
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b) The park must be served by a municipal or communal water supply and
sewage disposal systems, which meet the requirements of and are approved
by the Ministry of the Environment Conservation and Parks or its delegated
authority as applicable. The methods and arrangements for ensuring
adequate systems operation, maintenance, and responsibility shall satisfy the
Ministry of the Environment Conservation and Parks;
c) The park must be served by utilities and services such as hydro, lighting,
storm drainage, and roads provided by the developer. Garbage collection and
disposal may be provided by the developer or by the Municipality;
d) An adequate buffer zone and buffer planting shall be provided to effectively
screen the proposed development from other residential, commercial or
industrial uses whether existing or proposed;
e) The park must have minimum lot sizes, which are not less than 150 square
metres;
f) The park must be in operation only during the months of April to November;
g) The park must have 5 percent of the gross area designated as a recreational
area. The buffer zone shall not be a part of the recreation area. In addition,
the 5% park land so designated should be consolidated in one location so
that the land set aside for recreation is not dispersed throughout the trailer
park area in a number of small plots;
h) The roads in the park must have a paved or gravel surface and adequate
space must be provided to permit cars with trailers to back onto the lots;
i) The specific use to be made of the property and the location of all facets of
the development must be set out in a site plan. This plan should indicate:
i. The true shape, topography, contours, dimensions, area and location of
the property to be developed as well as the extent of adjacent
property held for future mobile park development;
ii. The existing use of all land and the location and use of all buildings and
structures lying within a distance of 120 metres from the land that is to
be developed for the seasonal travel trailer park;
iii. The location, height, dimensions and use of all buildings or structures
existing or proposed to be erected on the property;
iv. All entrances and exits;
v. Design plans for the progressive and ultimate development of
individual travel trailer lots, ancillary facilities and internal roads;
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vi. Drainage provisions - the method and final grades, by which the travel
trailer park shall be adequately drained, certified by a qualified
engineer;
vii. The location of any communal wells and subsurface sewage treatment
and disposal systems, both within the proposed development and
within a distance of 120 metres from the land that is to be developed.
j) Any other requirements deemed necessary by the Municipality.
4.6.3 Notwithstanding any policies of this Plan to the contrary, the following existing
Seasonal Travel Trailer Parks and Campgrounds are recognized by this Plan and
shall be appropriately zoned in the Zoning By-law:
a) 5 Bridge Street, Port Burwell; and,
b) 15 Libbye Avenue, Port Burwell Provincial Park.
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The Natural System is composed of the Municipality’s natural environment, including: wetlands,
woodlands, species and fish habitat, and water. The ecological features and functions of the
Municipality’s Natural System supports overall environmental health and resiliency and
underpins the overall sustainability of the Municipality.
5.1 Composition of the Natural System
The Natural System is composed of:
a) Significant Wetlands;
b) Significant Coastal Wetlands;
c) Significant Woodlands;
d) Significant Valleylands;
e) Areas of Natural and Scientific Interest (ANSI);
f) Significant Wildlife habitat;
g) Fish habitat;
h) Habitat of threatened or endangered species;
i) Surface water; and,
j) Ground water.
5.2 General Policies
The Municipality of Bayham recognizes the importance of the Natural System to the
overall health of the Municipality and the negative social, environmental, and economic
impacts that environmental degradation can have, particularly when coupled with the
impacts of climate change. As such the Municipality will prioritize the protection,
enhancement, and rehabilitation of the Natural System based on the following policies:
a) Council shall encourage the designation and protection of the natural system in
order to increase diversity, connectivity and physical area of the natural heritage land
throughout the Municipality;
5 THE NATURAL SYSTEM
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b) Council shall implement the Natural System policies of this Plan through
participation in provincial and federal programs related to natural heritage
conservation;
c) Council shall circulate all development plans to the appropriate authority for their
review and comments related to any potential natural heritage significance on the
subject lands;
d) The Municipality shall rely on the expertise of the Province in identifying potential
natural heritage features; and,
e) Council may utilize any of the following planning tools to promote or preserve
natural heritage resources in the municipality:
i. conditions of consent and subdivision approval and consequent agreements;
ii. provisions related to site plan control; and,
iii. standards, definitions and regulations in the Municipality’s Zoning By-law
5.3 Identification of the Natural System
5.3.1 Natural System features where found within the Municipality are designated as
such on Schedule “C” to the Plan. The Municipality currently recognizes the
following natural heritage features outlined in Table 1 below:
Table 1: Existing and Recognized Natural Heritage Features
TYPE NAME AREA (HA) DESCRIPTION
Provincially
Significant Life
Science ANSI
Big Otter Creek 647 Located northwest of Eden – an excellent
example of a river valley system with
adjoining uplands and exceptional deciduous
bottomlands within the Norfolk Sand Plain
physiographic region.
Locally
Significant Life
Science ANSI
Little Jerry Creek 130 River valley habitats with natural vegetation
intact located where the Little Jerry Creek
empties in Big Otter Creek near Richmond
Locally
Significant Life
Science ANSI
Iroquois Beach - Located within Port Burwell Provincial Park –
Low lying wet strands vegetated with wet
sedge meadows, marshes and shrub thickets
are separated by drier, sandy meadows on
low ridges.
Provincially
Significant
South Otter Creek
Provincially
Significant Wetland
185.4 Located southeast of Straffordville along
headwaters of the South Otter Creek - made
up of 10 individual wetlands, composed of
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TYPE NAME AREA (HA) DESCRIPTION
Wetlands Complex one wetland type (100% swamp). Located
south of Lamers Line along banks of the
South Otter Creek.
Locally
Significant
Woodlands
Eden Woods 92.7 Located northwest of Eden along
headwaters of the Big Otter Creek –
consisting of a gently rolling well drained
sand plain, with dissected stream valleys and
pond. Upland valley slope, crest mixed
forests, valley bottom, pond swamp thicket,
marsh and aquatics. Exhibits southern and
Carolinian biota, with regionally significant
flora
Locally
Significant
Woodlands
Bayham Swamp
Forest
54
Locally
Significant
Woodlands
Bayham Townline
Woods
424 Located along the banks of the South Otter
Creek between Jackson Line and Tunnel Line
- This site is typified by gently rolling sand
plain terrain with frequent wet depressions
and basins. An incised stream valley passes
southeastwards through the site. The moist
depressions and basins throughout the site
generally support seasonal swamps, but very
locally there are perennial swamp and marsh
communities.
Locally
Significant
Woodlands
Buxbaumia Woods 48 Located in an upland area loosely bounded
by Coyle Road, Vincent Line, County Road 55
and Heritage Line – This site includes sand
plain and ridge forests on a moraine
landform created by a former glacial lake.
The combination of the beach deposits and
the moraine make this area regionally
significant. Both features are significant
separately as these deposits are not
common in Elgin County.
Locally
Significant
Woodlands
Goldie’s Fern
Woods
45 Located southeast of Vienna and bounded
by two deeply incised ravines that empty
into the South Otter Creek – This site
exhibits good examples of sand plain
deciduous forests with a rich fern ground
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TYPE NAME AREA (HA) DESCRIPTION
layer.
Locally
Significant
Woodlands
Little Jerry and Big
Otter Creek
Complex
733 Located along 4km of the valley of Little
Jerry Creek above its confluence with Big
Otter Creek, and about 13 km of the valley
of Big Otter Creek below the Big Otter Creek
ANSI, The site contains good examples of
incised valley forests of the Carolinian zone
Locally
Significant
Woodlands
Little Otter Creek
Valley Complex
1105 Located all along the Little Otter Creek Valley
and forming a complex which forms a more
or less continuous wooded valley for about
18 km, as well as a number of incised
tributary ravines and adjacent upland.
The vegetation communities of the incised
valleys are some of the best examples in
Elgin County.
Locally
Significant
Woodlands
Straffordville
Woods
336 Located southeast of Straffordville - The site
contains good examples of typical rich
upland sandy deciduous forests of the
Norfolk Sand Plain.
Locally
Significant
Woodlands
Vienna Pawpaw
Stand
12.1 Cluster of pawpaw trees found along the Big
Otter Creek floodplain. Represents the only
stand of pawpaw trees found in Elgin County
Locally
Significant
Woodlands
Vienna Woods - A small wooded area just west of the Village
of Vienna supporting varied vegetation
communities
5.3.2 It is recognized that the mapping of the Natural System in this Plan is
approximate, and the policies of this section apply to all Natural System
components regardless of whether they are identified on the schedules of this
Plan or on Table 1 above. Changes to the limit or the significance classification of
individual components of the Natural System may be considered through the
findings of a sub-watershed study or environmental impact statement completed
to the satisfaction of the Municipality. If a change to the limit or classification of a
component of the Natural System has been demonstrated to be appropriate the
revised limit or classification shall prevail, and no amendment to this Plan shall
be required.
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5.4 Watershed Planning
It is recognized the watershed is the ecologically meaningful scale for integrated and
long-term planning and is a foundation for considering cumulative impacts of
development. The basis for conducting planning at the watershed scale is through the
preparation of a sub-watershed study, a technical report which provides comprehensive
analysis of how surface water, groundwater, terrestrial, and aquatic ecosystems function
in a sub-watershed, and recommends how land use can take place in a manner that
protects and enhances the environmental health of the sub-watershed. To that end,
where sub-watershed studies pertaining to the Municipality of Bayham are undertaken
by the County, the Municipality will utilize these studies to develop a more detailed
understanding and approach to planning within each sub-watershed. Where these
studies exist, they shall form the basis for planning in the Natural System. Further, where
an environmental impact statement is prepared in support of a development application
it shall consider the sub-watershed implications of the proposed development.
5.5 Significance & the Natural System
Designating certain components of the Natural System as ‘significant’ affords these
features greater protection under provincial policy. In the absence of a sub-watershed
study or environmental impact statement, all lands identified as being part of the
Municipality’s Natural System on Schedule “C” are assumed to be significant under
provincial policy until their significance is confirmed through either a sub-watershed
study or environmental impact statement. If the significance of a part of the Natural
System is called into in question, it is the sole responsibility of the development
proponent to demonstrate otherwise. For development applications for which the
County of Elgin is the approval authority, the ultimate determination of significance will
rest with the County. For development applications for which the Municipality is the
approval authority, the ultimate determination of significance will rest with the
Municipality.
5.6 Permitted Uses
5.6.1 Areas designated Natural System are to be maintained in their natural and
undisturbed state and development and site alteration shall only be permitted
subject to the other policies of this Plan. Notwithstanding the above the
following uses shall be permitted in the Natural System:
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a) Forestry uses;
b) Conservation uses;
c) Passive recreational uses (such as recreational trails);
d) Animal sanctuaries;
e) Angling and hunting operations;
f) Environmental research and education uses; and
g) Agricultural uses, without buildings or structures.
5.6.2 Other uses may be permitted on a site-by-site basis, subject to policies below
and the other policies and land use designations of this Plan.
5.6.3 Nothing in this Plan is intended to limit the ability of existing agricultural uses to
continue, normal farm practices to be undertaken in or adjacent to significant
woodlands, or to prohibit the harvest of woodlands products in a manner that is
sustainable and in accordance with any applicable by-laws.
5.7 Development In & Adjacent to Significant Wetlands
Development and site alteration in significant wetlands is prohibited and is regulated by
conservation authorities under the Conservation Authorities Act, with specific regard to
interference with their hydrogeological function. Development proposed within 30
metres of a significant wetland shall only be permitted subject to demonstrating,
through an environmental impact statement, that there will be no negative impacts on
the significant wetland’s ecological features and functions, and a demonstration that the
regulatory/permitting requirements of the conservation authority having jurisdiction can
be met.
5.8 Development In & Adjacent to Other Natural System Features
5.8.1 Development and site alteration in significant woodlands, significant valleylands,
ANSI, and significant wildlife habitat, shall be prohibited unless it can be
demonstrated that:
a) There is an appropriate rationale demonstrating why development should be
located within the feature; or
b) There is no feasible way to avoid development within the feature; and
c) The proposed development will have no negative impacts on the site’s
ecological features and functions.
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5.8.2 Development proposed within 120 metres of a noted Natural System feature
shall only be permitted subject to demonstrating, through an environmental
impact statement, that there will be no negative impacts on the Natural System’s
ecological features and functions.
5.9 Destruction & Alteration of the Natural System
Destruction and/or alteration of the Natural System through the development process is
generally prohibited and only permitted in accordance with:
a) a Planning Act approval;
b) a permit issued under the County of Elgin’s Tree Conservation By-law;
c) a permit issued under the Conservation Authorities Act; or
d) another relevant provincial or federal approval.
Where destruction of a component of the Natural System will occur as a result of an
approval or permit issued by a planning authority, or has occurred without a required
permission, development proponents will be required, through the conditions of a
Planning Act approval, to restore the feature or provide compensatory restoration of
equal or greater ecological value within the same sub-watershed.
5.10 Development in Fish Habitat & the Habitat of Threatened or Endangered
Species
5.10.1 Development and site alteration within fish habitat or the habitat of threatened
or endangered species will only be permitted in accordance with provincial
and/or federal requirements. No planning approvals will be granted in either
habitat until the Municipality:
a) has reasonable confirmation that development can proceed in accordance
with provincial and/or federal requirements; and
b) that any required development and mitigation measures can be adequately
conditioned as part of an approval (i.e. through either the conditions of a
decision, legal agreement, etc.).
5.10.2 Where the habitat of threatened or endangered species is suspected or known,
applicants shall be required to conduct a species at risk assessment prior to any
development approvals being granted and any required mitigation measures. No
development or site alteration shall be permitted until the applicant has provided
the necessary documentation to the Ministry of Natural Resources.
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5.11 Development & Surface Water Features
5.11.1 Surface water features refer to water-related features on the earth’s surface,
including headwaters, rivers, stream channels, inland lakes, seepage areas,
recharge/discharge areas, springs, wetlands, and associated riparian lands that
can be defined by their soil moisture, soil type, vegetation, or topographic
characteristics. While not necessarily mapped in this Plan, surface water features
in the Municipality are considered environmentally significant as they provide
important drainage functions, species habitat, and have a direct impact on the
overall environmental health of the Municipality. As such, it is the intent of this
Plan to protect all sensitive surface water features from incompatible
development. To that end:
a) Development and site alteration shall be restricted on or near sensitive
surface water features as recommended in any relevant sub-watershed study,
environmental impact statement, or as detailed in the relevant source water
protection plan (see Subsection 6.5 for further information), such that these
features and their related hydrologic functions including water quality and
quantity will be protected, improved, or restored; and
b) Mitigative measures and/or alternative development approaches may be
required to protect, improve, or restore sensitive surface water features, and
their hydrologic functions including water quality and quantity and shall be
implemented through the development approvals process.
5.12 Development & Ground Water Features
5.12.1 Ground water features refer to water-related features below the earth’s surface,
including recharge/discharge areas, water tables, aquifers, and unsaturated
zones that can be defined by surface and subsurface hydrogeologic
investigations. Ground water features in the Municipality are considered
environmentally significant, and will be protected, as they provide drinking water,
important drainage functions, and have a direct impact on the overall
environmental health of the Municipality. Additionally certain groundwater
features are considered sensitive, such as highly vulnerable aquifers and
significant groundwater recharge areas as illustrated on Schedule “C” of this
Plan. These features shall be protected from incompatible development, and to
that end:
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a) Development and site alteration shall be restricted in or near sensitive
ground water features as recommended in any relevant sub-watershed study,
hydrogeological assessment, or as detailed in the relevant source water
protection plan (see Subsection 6.5 for further information), such that these
features and their related hydrologic functions will be protected, improved,
or restored;
b) Development that proposes to use ground water as a drinking water source
may be required to demonstrate, through a hydrogeological assessment and
cumulative groundwater impact assessment, prior to any approval, that there
will be no negative impacts to ground water quality and quantity for other
uses that draw their drinking water from the same ground water source;
c) Development that proposes to use on-site septic systems for sewage
treatment may be required to demonstrate, through a geotechnical
assessment, prior to any approval, that the proposed system(s) will not
negatively impact ground water quality for other uses that draw their
drinking water from the same ground water source; and,
d) Mitigative measures and/or alternative development approaches may be
required to protect, improve, or restore sensitive ground water features, and
their hydrologic functions and shall be implemented through the
development approvals process.
5.12.2 The need for a hydrogeological study, cumulative groundwater impact
assessment, geotechnical report, or any other report or plan required to
demonstrate suitability of development will be determined by the relevant
approval authority in consultation with the Province.
5.13 Increasing Forest Coverage
The Municipality recognizes the critical role that woodlands play in maintaining
ecological balance, mitigating the impacts climate change, and sustaining biodiversity
within the Municipality of Bayham’s watersheds. As such, it is policy of this Plan to
contribute towards the County of Elgin’s forest coverage target of 30% by 2044. In
accordance with the County of Elgin Official Plan, the Municipality will work towards
achieving this target based on the following policies:
a) Requiring development proponents to demonstrate how their development proposal
will assist in achieving the County’s forest coverage target where there is an existing
woodland on-site;
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b) Encouraging development proponents to incorporate naturalized woodlands into
development proposals where on-site woodlands have been previously cleared; and,
c) Working with the County, Indigenous nations, public/private organizations and
intuitions, and industry to encourage and supporting tree planting on public and
private lands.
5.14 Land Division & the Natural System
It is recognized that the protection and management of the Natural System is more
effectively accomplished when natural features and areas are managed and/or owned
contiguously. As such, applications for all forms of land division shall demonstrate regard
for the effective management and stewardship of the Natural System and will minimize
subdivision of the Natural System to the furthest extent feasible, balancing the need for
the orderly and efficient development of land. Applications for land division to facilitate
the protection of the Natural System by a public body, conservation organization, or land
trust will be permitted and generally supported, subject to the other policies of this Plan.
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The Municipality’s transportation system is composed of trails, local and county roads, a
provincial highway, railways, and a marine port. These corridors and facilities are critical to the
Municipality’s economy, public health and safety, and the day-to-day needs of residents and
visitors. Infrastructure systems primarily relate to water, wastewater, and stormwater
management systems, but also include waste management, and power generation facilities.
These systems comprise the backbone of both urban and rural development in the Municipality.
6.1 Composition of the Transportation & Infrastructure System
The Transportation and Infrastructure System is composed of:
a) Provincial Highways;
b) County Roads;
c) Local Roads;
d) Pedestrian and Cycling Trails;
e) Municipal Drinking Water Systems;
f) Municipal Sanitary Sewage Systems;
g) Stormwater Management & Drainage Systems;
h) Sourcewater Protection Areas;
i) Railways;
j) Marine Ports;
k) Waste Management Operations;
l) Telecommunications Facilities;
m) Energy Generation Facilities; and,
n) Linear Infrastructure Corridors (e.g. pipelines, electricity transmission corridors, etc.).
6.2 Transportation & Infrastructure Permitted Uses
Public service facilities, transportation infrastructure, and all other forms of
infrastructure are permitted in all land use designations, with the general exception of
areas forming the Natural System or designated Hazardous Lands, and subject to any
regulatory requirements such as the provisions of the Endangered Species Act, etc.
6 TRANSPORTATION &
INFRASTRUCTURE SYSTEMS
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6.3 Transportation Systems
6.3.1 Road Classifications
Roads in the Municipality shall be classified into a hierarchy on the basis of
jurisdiction, function, user characteristics, speed and interconnections. The
classification of roads and the existing and proposed road system is shown on all
Schedules and Appendices of this Plan, and are identified as follows:
Provincial Highways - Provincial Highways are designed to provide a traffic
moving function and are not intended to service adjacent lands. Provincial
Highways typically service high volumes of traffic at high speeds.
County Roads – County Roads are designed to provide a range of traffic volumes
for moving people and goods throughout the County of Elgin and to adjacent
municipalities.
Collector Roads – Collector Roads are Municipally-owned roads which are
intended to provide both access to abutting properties and traffic movement
between local roads, other collector roads, and the arterial road system.
Collector Roads are listed in Table 2.
Local Roads – Local Roads are Municipally-owned roads which are intended to
provide access to abutting properties, to serve destinations as opposed to
through traffic, and to act as feeders to the arterial road system.
Private Roads - Private Roads are lanes, driveways, roads, or rights-of-way
maintained by private individuals or bodies. It is the policy of this Plan to limit
new development on private roads. The creation of a new lot for any purpose on
a private road outside of a plan of condominium is not permitted, unless
specifically permitted in this Plan.
6.3.2 Right-of-Way Widths
The required right-of-way width (or road allowance) of a road or highway shall be
determined by the authority having jurisdiction.
New roads and re-constructed roads under the Municipality’s jurisdiction shall be
developed to comply with the following standards:
Collector Roads shall have a right-of-way width of between 20 metres and 26
metres.
Local Roads shall have a right-of-way width of 20 metres, with site-specific
consideration of no less than 15 metres for cul-de-sacs or short streets
Land dedications for roads and/or road widening purposes shall be dedicated to
the authority having jurisdiction at no expense. Where ranges of a standard are
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provided, it shall be at the sole discretion of the Municipality to determine the
appropriate standard. Deviations from these standards may be considered when:
a) the location of an identified cultural heritage resource limits design options;
and/or
b) the presence of a natural system feature or mature trees limits design
options.
The right-of-way width for any public road may allow for the placement of travel
lanes, turning lanes, utilities, infrastructure, high occupancy vehicle lanes,
sidewalks, paths, bicycle lanes, medians, streetscaping and landscaped
boulevards, where appropriate.
6.3.2.1 Daylighting Triangles
In addition to the road right-of-way width in Subsection 6.3.2, the authority
having jurisdiction may, without the need for an amendment to this Plan, require
the dedication of lands to be used for ‘daylight triangles’, to provide sufficient
sight distances and turning lanes to provide safe and appropriate access where
major traffic generators intersect. Where additional land is required for
intersection improvements, such land shall be dedicated to the authority having
jurisdiction at no expense.
6.3.2.2 Exceptions
Notwithstanding Subsection 6.3.2, the Municipality recognizes that the
reconstruction of roads to approved minimum standards in some existing
developed areas may not be appropriate from a community design perspective
or may not be economically or physically feasible. Any attempt to reconstruct
such roads to minimize deficiencies shall only be undertaken after a study to
determine a right-of-way which will result in a streetscape which minimizes
impacts on abutting properties and is appropriate to the character of the area,
while serving anticipated traffic volumes. No amendment to the Plan shall be
required to implement such a modification to the right-of-way.
6.3.2.3 Dedication of Road Widening
As a condition of a development approval, land for road widenings shall be
conveyed at no expense to the authority having jurisdiction in accordance with
the provisions of the Planning Act. As a general principle, required road
widenings will be taken equally from both sides of the right-of-way. Unequal road
widenings may be considered by the Municipality where the area is affected by a
topographic feature which is difficult to overcome or costly to develop for road
purposes.
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Table 2: Municipality of Bayham Collector Roads
ROAD NAME (VILLAGE/HAMLET, if applicable) FROM TO
Centre Street (Vienna) Vienna Line Fulton Street
Fulton Street (Vienna) Centre Street South Union Street
Libbye Avenue (Port Burwell) Addison Street Chatham Street
Wellington Street (Port Burwell) Victoria Street McCord Lane /
Lakeshore Line
Lakeshore Line (Port Burwell) McCord Lane /
Wellington Street
Eastern Settlement
Boundary
Eden Line (Eden) Plank Road Eden Settlement
Boundary eastern
limit
Best Line (Corinth) Western Settlement
Boundary
Eastern Settlement
Boundary
Bayham-Norfolk Boundary Road Plank Road Eden Line
Coyle Road Bayham-Norfolk
Boundary Road
Bayham-Norfolk
Boundary Road /
Eden Line
Bayham-Norfolk Boundary Road Coyle Road Heritage Line
Carson Line Talbot Line Plank Road
Green Line Pressey Road (north
Bayham limit)
Talbot Line
Pressey Road Springer Hill Road
(west Bayham limit)
Bayham Drive (east
Bayham limit)
Best Line Corinth Settlement
Boundary
Talbot Line
Best Line Springer Hill Road Corinth Settlement
Boundary
Springerhill Road Pressey Road (north
Bayham limit)
Heritage Line
Maple Grove Line Heritage Line Plank Road
Light Line Plank Road Elgin County Road 55
(east Bayham limit)
Vienna Line Centre Street Richmond Road /
County Road 43 (west
Bayham limit)
Lakeshore Line Port Burwell
Settlement Boundary
Clarke Road
Tunnel Line Plank Road Elgin County Road 55
(east Bayham limit)
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6.3.3 Unopened Road Allowances
The location of existing unopened road allowances are indicated on all Schedules
and Appendices of this Plan, to prevent possible encroachment from future
development. Actual alignment of these new roads or streets will be established
at the time of survey. An amendment to this Plan will not be considered
necessary to close an existing road allowance where considered desirable to do
so by Council, or alternatively to establish a new road allowance.
6.3.4 Municipal Class Environmental Assessments
It is the policy of this Plan that a Municipal Class Environmental Assessment (EA)
for any Municipal road widening or extension project shall address whether
there are other transportation alternatives, and how the project would
implement the transportation goals, objectives, and policies of this Plan.
6.3.5 Impacts on Cultural Heritage Resources
In the case of extensions to roads and other necessary road improvements in
general, including realignment and road widening, consideration will be given to
the impact of such extensions or improvements on cultural heritage resources,
especially on the character of streetscapes and major crossroads or intersections.
6.3.6 Plan of Subdivision
New roads created as a result of a plan of subdivision shall be constructed to the
standards of the Municipality prior to assumption by the Municipality. Where
new roads intersect Provincial Highways or County Roads, standards of
construction at these intersections shall be subject to the approval of Ministry of
Transportation (MTO) or the County.
6.3.7 Provincial Highways
In addition to all the applicable municipal requirements, all proposed
development located adjacent to and in the vicinity of a provincial highway
within MTO’s Permit Control Area under the Provincial Transportation and
Highway Improvement Act are subject to MTO approval. Any new areas in the
Municipality identified for future development that are located adjacent to, or in
the vicinity of, a provincial highway or interchange / intersection within MTO’s
Permit Control Area will be subject to MTO policies, standards, and
requirements. Direct access to a provincial highway is normally discouraged or
prohibited and is only permitted at the sole discretion of the MTO. While
provincial highways are delineated in this Plan, the reader should refer to the
MTO’s Corridor Management Office to determine the extent of the MTO’s permit
control area and to assess any restrictions, or requirements for development
within the permit control area.
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6.3.8 Road Closure
Council may stop-up and close existing Local roads and/or road related facilities,
subject to the provisions of the Municipal Act, without the need to amend this
Plan.
6.3.9 Traffic Calming and Controlling Measures
The Municipality may investigate traffic calming measures to be implemented in
certain locations within the Municipality and/ or as a requirement of a
development approval to promote pedestrian safety and mitigate negative
effects of automobile traffic. Traffic calming features may be permitted subject to
an evaluation by the Municipality of functional, operational, servicing, and
financial issues associated with their use and will be installed at the sole
discretion of Council.
6.3.10 Pedestrian & Cycling Routes & Facilities
The Municipality encourages the development and enhancement of
interconnected systems of cycling and walking routes providing access to major
activity and employment areas and to future public transit. To plan for, and
encourage walking and cycling, the Municipality may:
a) consider the provision of safe and convenient cycling and walking routes in
the review of all development applications;
b) require the provision of sidewalks for pedestrian movement in settlement
areas, where appropriate;
c) coordinate the installation of sidewalks on both sides of local roads within
settlement areas;
d) investigate and provide for cycling lanes wherever possible in the
construction or reconstruction of roads and bridges;
e) encourage and support measures which will provide for barrier-free design of
pedestrian facilities;
f) ensure that lands for bicycle/pedestrian paths are included with the land
requirements for roads;
g) ensure that the rights and privacy of adjacent property owners are factored
into the design process for pedestrian and cycling routes; and,
h) ensure that all pedestrian and cycling routes are designed to be safe; and,
6.3.11 Marine Ports
It is the policy of this Plan to support and encourage the establishment of a
marina on Lake Erie at the mouth of Big Otter Creek.
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6.3.12 Railways
The railways that traverse the Municipality are recognized as important economic
and transportation corridors and land use controls will be used to protect these
corridors. Where the Municipality is the approval authority, the Municipality will
consult with railway authorities when sensitive land uses are proposed in
proximity to active rail corridors.
6.3.12.1 Operations & Land Use Compatibility
To protect these railway corridors from incompatible uses, and to ensure new
development is designed in a manner that protects safety and mitigates potential
nuisance from rail operations. Development proposed within the Municipality
shall be generally required to conform to the national guidelines for new
development in proximity to railway operations. Alternative approaches /
guidance may be considered in certain circumstances dependant on:
a) The use(s) being proposed;
b) Completion of relevant studies and analyses that demonstrate alternative
approaches are appropriate; and,
c) Implementation of appropriate alternative safety measures.
All of which shall be to the satisfaction of the Municipality and relevant railway
operator. Proponents of development within 300 metres of an active railway
right-of- way are encouraged to consult with the appropriate railway company
prior to filing formal development applications.
6.3.13.2 Railway Setbacks & Influence Areas
All proposed development adjacent to railways shall ensure that appropriate
safety measures such as setbacks, berms, and security fencing are provided, to
the satisfaction of the Municipality in consultation with the appropriate railway.
Minimum recommended building setbacks for new sensitive land uses in
proximity to railway operations, based on national guidelines, shall be
incorporated into the Zoning By-law to ensure that the entirety of the
Municipality’s railway rights-of-way are protected for potential rail expansion.
The following studies shall be required for development in proximity to railway
rights-of-way and prepared to the satisfaction of the Municipality and the
appropriate railway operator with recommended measures implemented
through development approvals:
a) A vibration study will be required where sensitive land uses are proposed
within 75 metres of a railway right-of-way; and,
b) Noise studies shall be required for development within:
i. 1,000 metres of a freight rail yard;
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ii. 500 metres of a principal main railway line;
iii. 250 metres of a secondary main railway line;
iv. 150 metres of a principal branch line; and,
v. 100 metres of a secondary branch line or spur line.
6.3.13.3 Individual Railway Operator Requirements
It is recognized that each railway operator with facilities and operations has their
own respective requirements. It is the general policy of the Municipality to
generally defer to, and implement the requirements of each rail authority with
respect to matters such as:
a) the construction and maintenance of safety berms and fencing and other
mitigation measures; and
b) requirements for notices on title, warning clauses, and/or environmental
easements.
In some cases, a railway operator may request grade separation between the rail
corridor and a local or county road, or provincial highway as a condition of a
development approval. The need for grade separation as a condition of approval
shall be determined by the relevant road authority in consultation with the
Municipality, County, the relevant railway operator, and Transport Canada as the
case may be.
6.4 Water, Sewage and Stormwater Systems
6.4.1 Water & Sewage Servicing Hierarchy
Provincial policy establishes a hierarchy of water and wastewater servicing. The
hierarchy of sewage and water services to accommodate growth within the
Municipality’s settlement areas shall be evaluated based on this hierarchy as
detailed below in order of preference:
a) Full municipal services – development connected to both a municipal water
service and municipal sewage service.
b) Communal services – development connected to a private communal water
system and private communal sewage system.
c) Individual services – development connected to a private individual on-site
water system and private individual on-site sewage disposal system.
d) Partial services – development connected to a municipal water service and
private sewage system, or connected to a municipal sewage service and
private water system.
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6.4.2 Servicing in Settlement Areas & the Rural Area
In accordance with the provincial water and wastewater servicing hierarchy
established in Subsection 6.4.1, new development in the Municipality will be
serviced in accordance with applicable provincial and/or municipal standards as
follows:
a) In Tier I Settlement Areas – all new development shall proceed on the basis
of full municipal services, except in cases of minor infilling of existing
developed areas where private or partial servicing may be considered.
b) In Tier II and Tier III Settlement Areas – all new development shall proceed
on the basis of the servicing hierarchy established in Subsection 6.4.1 and as
follows:
i. Development in the Village of Straffordville and the Hamlet of Eden
shall require proof of potable water by the Municipality.
ii. Development in the Hamlet of Eden shall require a connection to the
existing municipal sewage system unless it can be demonstrated to the
satisfaction of the Municipality that such connection is not feasible.
c) In the Rural Area – development is anticipated to proceed on the basis of
private communal or private individual on-site servicing.
Table 3 below provides an overview of the existing and proposed servicing
arrangement for each of the Settlement Areas in the Municipality:
Table 3: Settlement Areas - Existing and Proposed Servicing
SETTLEMENT AREA EXISTING SERVICING PROPOSED SERVICING
Village of Vienna Full Municipal Services To remain as existing.
Village of Port Burwell Full Municipal Services To remain as existing.
Village of Straffordville Partial Services
(Municipal Sewage, Individual Water) To remain as existing.
Hamlet of Eden Partial Services
(Individual / Municipal Sewage, Individual Water) To remain as existing.
Hamlet of Richmond Partial Services
(Individual / Municipal Water, Individual Sewage) To remain as existing.
Hamlet of Corinth Individual Services To remain as existing.
Hamlet of Calton Individual Services To remain as existing.
Hamlet of North Hall Individual Services To remain as existing.
6.4.3 Allocation and Phasing of Servicing
As part of the implementation of the servicing hierarchy provided in Subsection
6.4.1 and in order to ensure that servicing is provided in a manner that is
integrated with the planning process, is sustainable, feasible and financially
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viable over their life cycle, and protects human health and the environment, the
following shall be the policy of the Municipality:
a) The timing of development shall be based on the management of the
geographic sequence and balance such that:
i. there is a logical extension of Municipal services that avoids, where
possible, large undeveloped tracts of land between the existing urban
development areas and the proposed development;
ii. a compact form and pattern of development is maintained;
iii. impacts to the Natural System and watercourses have been considered
and have been adequately mitigated or eliminated;
iv. the provision of all Municipal services, as appropriate, proceeds in an
economically viable manner; and
v. first priority is given to reserving servicing capacity for employment
lands, affordable housing, infilling, intensification and redevelopment.
b) When allocated servicing capacity does not exist for a proposed
development, the Municipality may consider the application premature and
defer final approval until capacity is available, or until a servicing agreement
in the form of a prepayment or front ending agreement is in place prior to
the entering into the subdivision agreement to ensure that such capacity will
be available to service the development within three years of the granting of
the planning approval. Where a subdivision is draft approved, a Holding
provision will be applied in the Zoning By-law, which shall not be removed
unless or until actual servicing capacity for both water and sewers will be
available to the site in time for the completion of housing units for
occupation. Prior to the removal of the Holding provision, the applicant must
sign the required subdivision or site plan agreement;
c) Draft approved plans of subdivision may only proceed to registration if
sufficient servicing capacity continues to exist or if a servicing agreement is in
place. Allocation for draft approved plans of subdivision shall be limited to a
maximum of five years, or limited to a time period determined by the
Municipality by by-law from time to time, in order to ensure reserve capacity
is efficiently and effectively used;
d) When the capacity of the Municipality’s water and sewage facilities has been
fully allocated and prior to the facilities reaching their hydraulic capacity,
draft approval of plans of subdivision shall not be granted unless the
Municipality demonstrates a commitment to the expansion of the facilities.
This commitment should be demonstrated through the completion and
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approval of any required environmental approvals for the expansion of the
municipal system; and,
e) When conditions of development approval, draft plan approval or otherwise,
are not fulfilled within the reasonable time period for which development
approval has been granted, the Municipality may not support the extension
of development approval and may assign the servicing allocation to other
developments or areas of the Municipality, or hold the capacity in reserve.
6.4.4 Monitoring of Servicing Capacity
6.4.4.1 The Municipality shall establish a monitoring program for municipal and/or
private systems including the monitoring of reserve capacity in municipal systems
and monitoring of impacts on groundwater. The monitoring of servicing capacity
is intended to identify the availability of required municipal water and sewage
services for existing and future development. Development approvals shall be
restricted on the basis of design capacity limitations.
6.4.4.2 The monitoring of water and sewer servicing capacity in Tier I, II, and II
Settlement Areas may be included in:
a) Annual briefings or status reports;
b) Annual reports, such as reports prepared for capital and/or operational
budgeting processes; and,
c) Provincial performance measures reporting.
6.4.5 Full Municipal Services
6.4.5.1 For new development proposed to be connected to municipal water and/or
sanitary sewage services, no lot creation by the County shall be granted until the
Municipality has confirmed that there is sufficient uncommitted reserve capacity
in the system to accommodate the proposed development. In cases where
development is proposed in response to the planned/proposed establishment or
expansion of municipal servicing, lot creation on a conditional basis, may be
considered when:
a) an Environmental Assessment Act approval has been given for the facilities;
and,
b) the facilities are completed or near completion, prior to the commencement
of construction of the development.
6.4.5.2 Notwithstanding Subsection 6.4.5.1, it is recognized that in certain circumstances
the construction of municipal servicing may be dependent on development being
approved concurrently, in which case, the Municipality must have reasonable
assurances in place that the proposed development will be fully coordinated with
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the installation of servicing, and that sufficient protections are in place to prevent
premature development or occupancy of the proposed development.
6.4.5.3 Where development in a Settlement Area is not proposed to be connected to full
municipal services, a servicing options study or brief containing a servicing
options analysis based on the hierarchy of servicing established in Subsection
6.4.1 is generally required. The study or brief shall examine all forms of servicing
and recommend a preferred servicing option that is suitable for the long-term
provision of the service or services, and complies with the other policies of this
Plan, particularly the policies of Subsections 5.12 and 6.5. In undertaking any
required servicing options study or brief, the level of detail should correspond
with the scale and intensity of the proposed use. It shall be at the general
discretion of the Municipality, in consultation with the County of Elgin, to
determine the need for the study or brief, its scope, and the preferred servicing
option based on the policies of this Plan.
6.4.6 Communal Servicing
For new development proposed to be connected to communal sewage services,
where municipal ownership of the communal service or services is not proposed,
the applicant and the Municipality will be required, in accordance with the
requirements of the Province, to enter into a municipal responsibility agreement
whereby the Municipality accepts ownership of the communal service in the
event of default by the private owner.
6.4.7 Individual Services
6.4.7.1 In settlement areas or portions of settlement areas serviced by individual on-site
sewage services and individual on-site water services as identified in Table 3
above, growth will be limited to infill development of a size and scale that
complies with the requirements of the implementing Zoning By-law and does not
threaten the environment, human health and safety.
6.4.7.2 Any development outside of the designated Hamlets and Villages will be serviced
by individual on-site sewage services and individual on-site water services, unless
any such municipal sewage services or municipal water services are required for
public health and safety reasons.
6.4.7.3 For new development proposed to be connected to private water and/or sanitary
sewage services, confirmation that on-site conditions, including lot size, are
suitable for the long-term provision of such services, with no negative impacts, is
generally required. In undertaking any assessment or analysis of on-site
conditions, the level of detail should correspond with the scale and intensity of
the proposed use. It shall be at the general discretion of the Municipality, in
consultation with the County, to determine the need for any analysis and its
scope based on the policies of this Plan
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6.4.8 Partial Servicing
6.4.8.1 In accordance with provincial policy, partial services are only permitted:
a) where they are necessary to address failed individual on-site water and
sewage services in existing development; or
b) Within settlement areas to allow for infilling and minor rounding out of
existing development, provided that site conditions are suitable for the long-
term provision of such services with no negative impacts; or
c) within a Tier II or Tier III Settlement Area where new development will be
serviced by individual on-site water services in combination with municipal
sewage services or private communal sewage services; or
d) within the Hamlet of Richmond where new development may be serviced by
municipal water in combination with individual on-site sewage services.
6.4.8.2 The Municipality will endeavour to extend municipal water and/or sanitary
sewage 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 policies of Section 6.4 of this Plan, however,
nothing in this Plan shall be construed as a public commitment to extend
municipal water and/or sanitary sewage services to partially serviced areas
during the time framework of this Plan.
6.4.9 Stormwater Management & Drainage Systems
6.4.9.1 Stormwater management and drainage systems includes the Municipality’s
network of storm sewers, drainage swales, municipal drains, retention ponds,
and erosion control measures. These components work together to mitigate
flood risks, protect water quality, enhance resilience, and are important
components to the creation of sustainable and resilient development.
Stormwater management and drainage systems in the Municipality shall:
a) be integrated with planning for sewage and water services and ensure that
systems are optimized, feasible, and financially viable over the long term;
b) minimize, or, where possible, prevent increases in contaminant loads;
c) minimize erosion and changes in water balance, and prepare for the impacts
of climate change through the effective management of stormwater,
including the use of green infrastructure;
d) mitigate risks to human health, safety, property, and the environment;
e) maximize the extent and function of vegetative and previous surfaces;
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f) promote best practices, including stormwater attenuation and re-use, water
conservation and efficiency, and low impact development; and
g) align with any comprehensive municipal plans for stormwater management
that consider cumulative impacts of stormwater from development on a
watershed scale.
6.4.9.2 In order to achieve no overall increase in the peak level and volume of
stormwater runoff, all new development will be required to provide suitable site
grading and outlet facilities for storm drainage. The Municipality may require
applications for development or re-development to include a stormwater
management plan prepared by a qualified professional, in accordance with the
policies of this Section and other applicable policies of this Plan, to the
satisfaction of the Municipality. Where applicable, a stormwater management
plan may also be required in accordance with the requirements of the
Conservation Authority.
6.4.9.3 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, however,
nothing in this Plan shall be construed as a public commitment to provide such
services.
6.5 Source Water Protection
6.5.1 The Clean Water Act mandates the creation and maintenance of regional source
water protection plans. These plans are administered by conservation authorities
and are intended to ensure the protection of municipal drinking water sources,
whether they originate from groundwater or from Lake Erie, through a
multipronged approach including education and training, public awareness, and
the regulation and permitting of development. In no case shall the Municipality
grant any approval in contravention of an applicable source water protection
plan, or implementing policies or regulations contained within this Plan and
Zoning By-law.
6.5.2 The Long Point Region Source Protection Plan contains the policies for the
protection of municipal drinking water sources within the Municipality. The
policies of this Plan implement and complement the policies of the Source
Protection Plans that apply within the Municipality.
6.5.3 The identified vulnerable areas within Bayham include the Wellhead Protection
Area (WHPA) surrounding the Hamlet of Richmond wellhead. This WHPA is
identified on Schedule “D” 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.
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6.5.4 The WHPA 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.
6.5.5 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 “D” to this Plan,
including:
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 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.
6.5.6 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; and,
h) An activity that reduces the recharge of an aquifer.
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6.5.7 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 may be either prohibited or
regulated by the Long Point Region Source Protection Plan
6.5.8 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.
6.6 Energy Systems
6.6.1 Energy Efficiency
Innovative development, including design and site layout which emphasizes
reducing environmental impacts and increasing energy-saving measures will be
encouraged. To achieve these objectives, particular regard shall be had to
building form and size, density, lot and building orientation, and on-site
landscaping. The Municipality supports the use of recognized building and
development certification programs as means to increasing energy efficiency and
decreasing impacts of development on the environment.
6.6.2 Electric Power Facilities
All existing electric power facilities and the development of any undertakings of
the relevant utility company or successor companies, but not including buildings
or land used for executive, administrative or retail purposes, or held under lease
or license from the relevant utility company, are permitted in all land use
designations without amendment to this Plan. However, prior to carrying out or
authorizing an undertaking that will directly affect the Municipality, the relevant
utility company shall consult with the Municipality and have regard for the
policies of this Plan.
6.6.3 Alternative & Renewable Energy Systems
As a source of clean and independent energy, alternative and renewable energy
systems can significantly reduce carbon emissions and improve the resiliency of
the Municipality’s energy supply. As such, policies relating to alternative and
renewable energy systems are as follows:
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a) The Municipality encourages the development and use of alternative and
renewable energy systems for electricity production, as a source of
renewable energy for the economic and environmental benefit of the
Municipality, County and the Province, including wind, water, biomass,
methane, solar, and geothermal energy;
b) New or expanded alternative or renewable energy systems should be
designed and constructed to minimize impacts on adjacent land uses to
prevent adverse impacts from odours, noise and other contaminants and
minimize risk to public health and safety; and,
c) Renewable energy system proponents are encouraged to contact the
municipality prior to commencing any necessary background studies, to
determine the nature and scope of the issues, which need to be addressed as
per the municipal consultation requirements under Ontario Regulation No.
359/09.
6.6.4 Large Scale Alternative & Renewable Energy Systems
6.6.4.1 This section applies to non-wind related large-scale alternative and renewable
energy systems. The Municipality of Bayham supports the development of large-
scale alternative and renewable energy systems and facilities intended for public
electricity production and the manufacture of energy products intended to
reduce reliance on fossil fuels, as sources of energy for the economic and
environmental benefit of the Municipality, County and the Province. Such
systems and facilities may be permitted in any rural or urban land use
designation subject to the following criteria:
a) The system and/or facility will have convenient access to railways, major
highway routes, transmission corridors or rights-of-way, for the
transportation / transmission of energy or energy products;
b) The preferred form of servicing will be municipal water and sanitary services
necessary for the production facility. Alternatively, development may occur
on private water and sanitary services, where the proponent has
demonstrated long term capacity for private on-site water and sanitary
services without negative impacts on the quality and quantity of water on
surrounding lands; and,
c) When located in a rural land use designation, the system and/or facility will
generally be located on lower priority agricultural lands and positioned on-
site to minimize disruption to normal farm practices.
6.6.4.2 Large-scale alternative and renewable energy systems and facilities may be
permitted by an amendment to the implementing Zoning By-law, in both urban
and rural land use designations, where the applicant demonstrates through
appropriate studies undertaken by qualified professionals that land use
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compatibility issues related to the amendment application have been addressed
to the satisfaction of the Municipality. The proponent shall undertake one or
more of the following applicable studies:
a) A noise impact study will be undertaken to determine setbacks for systems
and facilities from sensitive land uses in accordance with Ministry of the
Environment Conservation and Parks guidelines;
b) A visual impact study will be undertaken to determine the impact and
mitigation measures required for any structures on surrounding sensitive
land uses;
c) An environmental impact study shall be undertaken where hazardous lands
and natural heritage features or functions are identified in this Plan. Where
natural features or functions are identified, the environmental impact study
must demonstrate that the proposed development will have no negative
impacts on the natural features or their ecological functions. Development or
site alteration shall not be permitted in significant habitat of endangered
species and threatened species, significant wetlands and significant coastal
wetlands;
d) Where a significant amount of agricultural land is intended to be removed
from agricultural use, an agriculture impact assessment will be required
demonstrating that the proposed system or facility does not negatively
impact normal farm practices, and avoids impacts on the agricultural system,
or, where avoidance is not possible, minimizes and mitigates impacts in
accordance with the agriculture impact assessment; and,
e) Any other such background studies as deemed necessary by Council prior to
consideration of the amendment, related to odour, vibration, municipal
servicing capacity, traffic, or other land use impact.
6.6.4.3 Large scale alternative and renewable energy systems and facilities shall be
subject to a site plan agreement, for the location of road access, parking,
accessory buildings, vegetative buffers, location of external works/facilities,
storm water management/ drainage and any other identified impact mitigation
facilities/measures.
6.6.5 Small Scale Wind Energy / Alternative & Renewable Energy Systems
Small-scale wind energy systems and alternative and renewable energy systems
intended primarily for on-site energy production and use shall be permitted as of
right in any zone as an accessory use, provided any structures, facilities or
appurtenances associated with the system comply with the regulations of the
zone in which it is located; and provided that the system does not create any
adverse impacts on surrounding land uses.
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6.7 Linear Infrastructure Corridors
Linear infrastructure corridors include major above or below grade corridors for the
provision, generation, transmission, distribution and storage of electricity, fuel, or
accommodation of communication facilities / infrastructure. Such corridors may be
associated with gas, oil, or electric power, as well as broadcast, telecast, fiberoptic, or
optical wireless mediums essential to the energy and telecommunication needs of the
Municipality, County, Province, and Country. To that end, new or existing corridors shall
be protected from incompatible development by consulting with the relevant corridor
authority during the development review process and incorporating appropriate
setbacks and development standards into development proposals.
6.8 Telecommunications Facilities
Where companies subject to federal or provincial control propose new utility
installations, it is the policy of this Plan to encourage where feasible and appropriate:
a) the screening of antennas and towers from view from roads or scenic vistas through
landscaping, fencing or other architectural screening;
b) the use of innovative design measures such as the integration of such uses with
existing buildings and/or streetscape features such as gateways, lamp posts and
signs;
c) the co-location clustering of different utilities to minimize impacts;
d) the use of existing infrastructure where possible such as water towers or utility
poles; and,
e) the siting of utilities away from sensitive land uses.
6.9 New or Expanding Waste Management Operations & Waste Disposal Sites
Waste management operations include, landfills, transfer stations, composting facilities,
recycling facilities, septage haulage and disposal sites, and waste materials haulage and
disposal. These facilities may only be operated, expanded, or closed in accordance with
the policies of this Plan, and provincial requirements. New or expanding waste
management operations may be permitted, subject to the policies of this Plan:
a) the proposed operation shall be located in either the Rural Area, excluding
agriculturally-designated lands in this Plan, or in an employment designation, subject
to an amendment to this Plan and Zoning By-law Amendment;
b) any required approval under the Environmental Protection Act and Environmental
Assessment Act shall be received prior to any Municipal approval being given;
c) the proposal shall be supported by appropriate environmental studies in accordance
with provincial guidelines and requirements, to ensure negative impacts on
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surrounding lands are mitigated and/or eliminated to the satisfaction of the
Municipality;
d) New operations shall be located where they are compatible with adjacent land uses
(existing and designated);
e) Site development shall provide for progressive rehabilitation and reuse of the site;
f) New or expanding waste disposal sites, shall generally be located a minimum of 500
metres from a settlement area boundary, and any sensitive land uses, as per
provincial guidelines; and,
g) Where a sensitive land use is proposed within 500 metres of an existing waste
disposal site, land use compatibility shall be evaluated as per provincial guidelines.
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It is the general policy of this Plan to ensure that known natural resource deposits, and
extraction operations are identified and protected in the long term, and to direct incompatible
development away from known deposits and extraction operations.
The Natural Resource Management Areas in the Municipality of Bayham are composed of:
a) Areas of potential aggregate resource;
b) Areas of potential mineral resource;
c) Areas of potential petroleum resource; and,
d) Natural resource extraction operations.
7.1 Permitted Uses
In areas designated as an area of aggregate resource; area of mineral resource; and / or
area of petroleum resource, the primary use of land shall be for natural resource
extraction operations, and those uses permitted in the land use designations identified
in Schedule “B” of this Plan. Lands that are licensed by the Province pursuant to the
Aggregate Resources Act, shall be identified as “Licensed Pits and Quarries” and permit
natural resource extraction operations, notwithstanding any contrary designation on
Schedule “B” of this Plan.
The following uses shall be permitted as accessory uses for natural resource extraction
operations:
a) Accessory office uses;
b) Aggregate processing operations; and
c) Recycling of aggregate.
7.2 Existing, New or Expanding Extraction Operations
The extraction of mineral aggregate resources through existing, new or expanding
mineral aggregate extraction operations will be undertaken in a manner which
minimizes social, economic and environmental impacts, and appropriately uses and
manages mineral aggregate resources. It is the policy of the Municipality that:
a) In accordance with the Aggregate Resources Act, Provincial Planning Statement, and
the policies of this Plan, mineral aggregate resources will be protected for long-term
use.
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b) The identification of significant mineral aggregate resources does not presume that
all lands located within these areas are suitable for the establishment or expansion
of new or existing mineral aggregate operations.
c) There is potential for deposits of mineral aggregate resources to exist outside of the
areas identified on Appendix “2” that were not identified at the time this Plan was
prepared. The extraction of mineral aggregate resources may be permitted outside
of the mineral aggregate resource areas identified on Appendix “2” with an Official
Plan Amendment.
d) Wayside pits and quarries, portable asphalt plants and portable concrete plants used
on public authority contracts will be permitted in all designations without the need
for amendment to this Plan or Zoning By-law, except in except those areas of existing
development or particular environmental sensitivity which have been determined by
the Municipality to be incompatible with extraction and associated activities.
e) Non-resource extraction development in, or within 300 metres, of known aggregate,
mineral, and petroleum deposits, which would preclude or hinder the establishment
of new operations or access to these resources shall only be permitted if:
i. resource use would not be feasible;
ii. the proposed land use or development serves a greater long-term public
interest; and
iii. issues of public health, public safety, and environmental impact are addressed.
f) Extraction operations shall be protected from incompatible development and
activities that would preclude or hinder their expansion or continued use or which
would be incompatible for reasons of public health, public safety, or environmental
impact. Where the Aggregate Resources Act applies, only processes under the
Aggregate Resources Act shall address the depth of extraction of new or existing
mineral aggregate operations. Non-resource extraction development proposed
within 300 metres of an existing mineral or aggregate extraction operation shall
demonstrate through an aggregate impact assessment that:
i. the proposed development will not preclude or hinder the existing extraction
operation or the establishment of new operations;
ii. impacts such as noise, dust, vibration can be mitigated through design; and,
iii. where residential and other sensitive land uses are proposed adjacent to an
extraction operation, the applicant shall demonstrate that the quality and
quantity of groundwater is, and will be, suitable for the proposed
development considering the current and fully approved capacity and extent
of the adjacent extraction operation.
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g) Where mineral aggregate resources is identified on Appendix “2” of this Plan, a
Zoning By-law Amendment Application for new mineral aggregate extraction
operations, or expansions to an existing mineral aggregate extraction operation shall
be required. The applicant may be required to prepare the following studies in
support of the Zoning By-law Amendment Application to the satisfaction of the
Municipality:
i. A Land Use Study that demonstrates that the proposal will be compatible with
the land use policy framework and the goals and objectives of this Plan;
ii. A Visual Impact Study that demonstrates the proposal is compatible with the
rural character and landscape and will avoid or, where avoidance is not
possible, will mitigate visual impacts through adequate buffering, screening,
and other mitigation measures;
iii. A Transportation Impact Study that satisfies the requirements of the
Municipality, the County, and/or the Ministry of Transportation as applicable;
iv. An Environmental Impact Study that demonstrates how the form, function,
and integrity of environmental features, areas, and systems that may be
impacted by the operation will be protected and any permitted impacts
mitigated in accordance with the applicable policy framework and
requirements of different authorities having jurisdiction;
v. A Hydrogeological Study that demonstrates how water resources will be
protected, including surface water and groundwater;
vi. A Cultural Heritage Impact Study that reviews the impacts on cultural heritage
resources and demonstrates how identified cultural heritage resources will be
conserved consistent with the Cultural Heritage policies of this Plan;
vii. A Noise, Vibration, Dust and Air Quality Impact Study in accordance Noise,
dust and vibration, in accordance with Provincial Standards;
viii. A Rehabilitation Plan that demonstrates how progressive rehabilitation will
occur in accordance with this Plan and how the final rehabilitation plan is
consistent with the requirements of the Aggregate Resources Act;
ix. An Agricultural Impact Assessment in accordance with Provincial Standards;
x. Other matters identified by the Province, County, or Municipality; and
xi. Requirements under the Aggregate Resources Act.
h) Where the licensee has circulated an application under the Aggregate Resources Act,
to expand an existing licensed mineral aggregate extraction operation or increase the
depth of extraction which does not require the approval of a development
application, the Municipality will review and provide comments on the application to
the Province in the context of all policies in this Plan that would apply to an
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application for a new or expanding mineral aggregate extraction operation. The
Municipality will encourage the Province to ensure that all appropriate requirements
resulting from the review of an application for a new or expanding mineral aggregate
extraction operation are imposed and enforced as conditions on the license or
through the site plan required under the Aggregate Resources Act.
7.3 Extraction Operations in the Agricultural Area
Natural resource extraction is permitted on lands designated “Agricultural Area” in
Schedule “B” of this Plan, as an interim use provided that:
a) impacts to the agricultural are avoided, or where avoidance is not possible,
minimized and mitigated as determined through an agricultural impact assessment
or equivalent analysis, based on provincial guidance; and,
b) the site will be rehabilitated back to an agricultural condition whereby substantially
the same areas and same average soil quality for agriculture are restored, except
where:
i. there is a substantial quantity of mineral aggregate resources below the water
table warranting extraction;
ii. the depth of planned extraction in a quarry makes restoration of pre-
extraction agricultural capability unfeasible;
iii. other mineral aggregate resource extraction alternatives, in areas of Canada
Land Inventory Class 4 through 7 soils and resources on prime agricultural land
where rehabilitation is feasible, have been considered by the applicant and
found unsuitable, provided that, where no other alternatives are found, prime
agricultural land will be protected in this order of priority: Canada Land
Inventory Class 1, 2 and 3; and,
iv. Agricultural rehabilitation in remaining areas is maximized.
7.4 Rehabilitation of Extraction Operations
The Municipality shall require the rehabilitation of mineral aggregate extraction
operations after the extraction and other related activities has ceased. It is the policy of
the Municipality that:
a) Rehabilitation of the licensed area shall be in accordance with the approved
rehabilitation plan for the site. Any significant changes to the rehabilitation plan for a
licensed area shall be assessed by the Municipality.
b) As a pit or quarry operation progresses, the subject lands will be progressively
rehabilitated to accommodate subsequent land uses.
c) Progressive and final rehabilitation will be required to accommodate subsequent
land uses, to promote land use compatibility, to recognize the interim nature of
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extraction, and to minimize impacts, to the extent possible. Final rehabilitation will
take into consideration the pre-extraction land use designation and conditions, and
compatibility with the character of the surrounding land uses and approved land use
designations, in consideration of the Municipality, as well as the opportunity to
accommodate parks and open space uses or enhancing the natural environment
system;
d) Comprehensive and coordinated rehabilitation planning is encouraged where there
is a concentration of mineral aggregate extraction operations;
7.5 Petroleum Resources
7.5.1 Petroleum resources shall mean oil, gas, and salt (extracted by solution mining
method) and formation water resources which have been identified through
exploration and verified by preliminary drilling or other forms of investigation.
Appendix “2” of this Plan identifies the ‘Areas of Petroleum Resource’.
7.5.2 The exploration for and the production of oil, gas, and salt resources including
related buildings, structures, pipelines and related facilities shall be permitted in
all land use designations, except Settlement Areas. All exploration and
production activities are to be in compliance with the Oil, Gas, and Salt
Resources Act, and the regulations and operating standards thereto.
7.5.3 The Municipality shall support the subsurface storage of oil, gas, and salt
resources, subject to provincial regulations, so long as they do not adversely
affect surface development rights as set out in this Plan.
7.5.4 The Municipality shall support the proper disposal of oil field brines, in
accordance with Provincial regulations.
7.5.5 New development shall be set back 75 metres from existing petroleum extraction
wells or as required under the Oil, Gas and Salt Resources Act. Existing or
abandoned petroleum wells are identified on Schedules “B2”, “B3” and Appendix
“1”. Where development is proposed adjacent to or above pools or deposits, the
Province shall be consulted regarding measures to allow possible future access
for resource production purposes.
7.5.6 The Municipality shall encourage the use of technology for the exploration and
production of subsurface resources from a well site that is located on lands
adjacent to a natural heritage feature or cultural heritage landscape. New wells
and associated works will be prohibited from causing any surface or ecological
disturbance to natural and cultural heritage areas. If there are no alternatives to
exploration and production within a natural or cultural heritage area, measures
will be undertaken to reduce negative impacts. Where forest cover is removed it
shall be replaced at a location specified by the landowner, unless no such
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location is suitable for tree cover, wherein the Municipality may specify a
location.
7.5.7 Upon cessation of production, well sites and locations of associated works shall
be rehabilitated to permit uses set out in the land-use designation where the
well sites are located. Upon cessation of production from wells in prime
agricultural areas, rehabilitation shall restore the site so it can be used for
agricultural purposes.
7.5.8 As a condition of approving subsequent development on former petroleum
resource areas, the Municipality will require that improperly abandoned wells
that are known or discovered on the lands during development will be properly
plugged, capped or otherwise made safe in accordance with provincial
requirements. Buildings and structures shall be located away from possible well
sites, unless it can be proven that development can safely occur. Any
development proposals on known historic salt solution mining activity areas will
require a geo-technical study completed by a qualified engineer to ensure that
development can occur safely
7.5.9 If sites of former works are discovered, these locations shall be rehabilitated
prior to development proceeding.
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Development hazards, both natural and human-made, identify areas that will generally be
restricted from development. These lands contain physical characteristics that have the
potential to negatively impact public health and safety and create risks to property and
infrastructure due to natural and human-made hazards. This Plan directs development to areas
outside hazardous lands regulated by the Conservation Authority and prohibits development
on, or adjacent to, contaminated sites, former landfills, and abandoned petroleum wells, except
in accordance with provincial guidelines and regulations. The Long Point Region Conservation
Authority is a key partner in this effort through the administration of its policies and regulations
under the Conservation Authorities Act.
8.1 Composition of Development Hazards
Development Hazards are composed of:
a) Hazardous lands, such as floodplains, dynamic beach hazards, and erosion hazards;
b) Hazardous sites;
c) Former waste disposal sites;
d) Contaminated and potentially contaminated sites;
e) Oil, Gas, and Salt Hazards;
f) Wildland Fire Hazards;
g) Former Natural Resource Extraction Operations; and,
h) Abandoned petroleum wells.
8.2 General Policy
Hazardous lands are lands that could be unsafe for development due to naturally
occurring processes or as a result of human interference. Along the shoreline of Lake
Erie, this means the land, including land covered by water and the furthest landward
limit of the flooding hazard, erosion hazard, or dynamic beach hazard limits. Along river,
stream, or small inland lake systems, this means the land, including land covered by
water, to the furthest landward limit of the flooding hazard or erosion hazard limits.
Hazardous sites include lands that could be unsafe for development due to naturally
occurring hazards such as unstable soils including sensitive marine clays (leda) or organic
soils, or unstable bedrock (karst topography). It is the general policy of this Plan that
development and site alteration be directed away from areas of natural or human-made
hazards where there is an unacceptable risk to public health and safety or of property
damage, and not create new or aggravate existing hazards.
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8.3 Role of Conservation Authority
It is the policy of this Plan to recognize and respect the role that Conservation
Authorities play, through their delegated responsibility, and legislative mandate and
authority in regulating development and alteration activities within and adjacent to
natural hazards. This is often referred to as a ‘regulated area or regulation limit’, being
the area subject to Ontario Regulation 41/24, as amended, ‘Prohibited Activities,
Exemptions and Permits’ under the Conservation Authorities Act. As such, it is the policy
of the Municipality to generally defer to, and implement, the requirements of the
Conservation Authority having jurisdiction with respect to development and alteration
activities in hazardous lands and sites.
8.4 Identification of Hazardous Lands & Sites
It is recognized that the mapping of hazardous lands and sites in this Plan is
approximate. The policies of this section apply to all hazardous lands and sites regardless
of whether they are identified in this Plan. Changes to the limit of hazardous lands and
sites may be considered through the findings of technical studies prepared by a qualified
professional, such as a geotechnical report, hydrogeological report, or slope stability
study completed to the satisfaction of the County, Municipality and Conservation
Authority. If a change to the limit of hazardous lands and sites has been demonstrated to
be appropriate, the revised limit shall prevail, and no amendment to this Plan shall be
required.
8.5 Permitted Uses
In areas designated as Hazardous Lands on Appendix “1” of this Plan, hazardous sites,
former waste disposal site, or identified as a contaminated or potentially contaminated
site, the use of land shall be those uses permitted in the underlying land use
designations of this Plan, subject to the policies of this section.
8.6 Hazardous Lands & Sites
Development in hazardous lands and sites shall generally not be permitted and only
considered where the following are demonstrated and achieved:
a) a justification is provided as to why it is not possible to locate the development
outside of the hazard;
b) development and site alteration is carried out in accordance with erosion and
floodproofing standards, protection works standards, and access standards of the
conservation authority having jurisdiction;
c) vehicles and people have a way of safely entering and exiting the area during times
of flooding, erosion, and other emergencies;
d) new hazards are not created, and existing hazards are not aggravated; and,
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e) no adverse environmental impacts will result.
Notwithstanding the above, institutional uses; essential emergency services; and or uses
associated with the disposal, manufacture, treatment, or storage of hazardous
substances shall be prohibited from locating in hazardous lands and sites.
8.7 Floodplains
8.7.1 It is the intent of this Plan that no development or site alteration be permitted
within the floodplain of a river or stream system to minimize and eliminate any
risks to life and property resulting from flooding in accordance with the
Conservation Authority regulations except within a flood fringe where a two-
zone floodplain management concept has been approved or where authorization
has been obtained from the Conservation Authority. Buildings and structures are
not permitted within the floodplain, except where authorization has been
obtained from the Conservation Authority.
8.7.2 Prior to the erection or alteration of any buildings or structures that may be
permitted by the policies of this subsection, or any other construction that will
require floodproofing measures, a property survey shall be completed to verify
topographic elevations using established vertical datum to align with
Conservation Authority having jurisdiction.
8.7.3 Existing uses will be recognized in the Zoning By-law as legal non-conforming
uses. Minor extensions or enlargements to existing buildings and structures
which are not otherwise prohibited by this Plan shall comply with the regulations
of the Zoning By-law and are subject to the authorization of the Conservation
Authority, including acceptable floodproofing elevations and measures. The
Conservation Authority will determine whether the proposal is minor in nature
and specify the level of floodproofing required.
8.7.4 If partial or total destruction of a building or structure occurs in the Floodplain
due to fire or other natural disaster, excluding flood, that building or structure
may be rebuilt to its former dimensions and for the same use as existed
immediately before its destruction, subject to the authorization of the
Conservation Authority, including acceptable floodproofing elevations and
measures. Where there is land available to relocate the building or structure to
another location on the property that is not subject to flooding, all avenues shall
be considered to protect the building or structure from future risks and relocate
outside of the hazard.
8.8 Dynamic Beach Hazards
Dynamic beach hazards are composed of inherently unstable accumulations of shoreline
sediments along Lake Erie, as identified by provincial standards. The dynamic beach
hazard limit consists of the flooding hazard limit plus a dynamic beach allowance
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determined by the Conservation Authority on a site-by-site basis in consultation with the
County and Municipality. No development or site alteration shall be permitted in a
dynamic beach hazard.
8.9 Erosion Hazards
Erosion hazards are areas of land that are subject to land regression or retreat from a
combination of geologic, seismic, hydrologic, or humanmade factors, and as such they
pose a potential threat to safety, property, and infrastructure. To that end, development
shall be directed to an area outside of the erosion hazard limit of a riverine valley slope.
The use of stabilization works to adjust the erosion hazard limit or development setbacks
for the purposes of increasing the potential development envelope or permitting new
development and/or site alterations within the limit shall not be permitted.
8.9.1 Determining the Erosion Hazard Limit
The erosion hazard limit will be determined by the Conservation Authority on a
site-by-site basis in consultation with the County and Municipality. Provincial
guidelines related to natural hazards will be used as a basis for determining the
limit.
8.9.2 Lake Erie Shoreline Erosion Hazard
8.9.2.1 The high bluff reaches of the shoreline of Lake Erie in the County experience
severe rates of erosion. Notwithstanding Subsection 8.9.1, the Lake Erie erosion
hazard limit shall be determined by a qualified professional retained by the
proponent to the satisfaction of the Conservation Authority on a site-by-site basis
in consultation with the County and Municipality using considerations that
include the 100-year erosion rate (the average annual rate of recession extended
over a 100-year time span), an allowance for slope stability, and an
erosion/erosion access allowance.
8.9.2.2 New development shall not be permitted within the Lake Erie shoreline erosion
hazard limit. Replacement and/or relocation of existing buildings or structures
located within the Lake Erie shoreline erosion hazard may be permitted subject
to the approval of the Conservation Authority.
8.10 Docks and Waterfront Structures
Docks, waterfront and marina structures on property abutting water shall be subject to
the approval of the Conservation Authority, unless otherwise stated under Section 5 of
Ontario Regulation 41/24, and where title to the bed of the waterway is vested with the
Crown, the Ministry of Natural Resources and Forestry. The following policies are
applicable to these structures:
a) Be designed, constructed and maintained in a manner that contributes to the
amenity of the Municipality;
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b) Be capable of withstanding damaging storms, ice and high water conditions, or
alternatively be designed to be removed during winter months. Seasonal structures
are to be removed prior to winter freeze-up;
c) Not contain sanitary facilities unless connected to municipal sewers;
d) Be located so as not to interfere with navigation or aids to navigation;
e) Be constructed and placed so as to minimize the impact on natural vegetation and
topography; and
f) Not contain any residential accommodations.
8.11 Public Road Access
The Municipality is subject to significant shoreline erosion hazards and continues to lose
tableland through this natural 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.
a) 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,
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;
b) 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;
c) 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; and,
d) 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.
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8.12 Hazardous Lands & Climate Change
Severe weather associated with climate change is anticipated to cause increased
instances of flooding, erosion, and stormwater runoff as it adversely impacts
precipitation levels. The Municipality recognizes the potential impacts of climate change
on the built and natural environment. As such, the Municipality must adapt to protect
safety, property, and infrastructure from increased risks of flooding and erosion. To that
end, the Municipality will:
a) Encourage the use of vulnerability or risk assessments, when appropriate, to
consider potential increased erosion rates, water levels, and extreme weather events
and their potential impact on development;
b) Encourage the incorporation of adaption strategies for new development that
account for changing erosion patterns, flooding, and related climate impacts;
c) Encourage the protection and restoration of natural buffers such as riparian
vegetation which can mitigate erosion hazards and enhance resilience;
d) Ensure that when infrastructure must be located on hazardous lands, it is designed
to withstand increased erosion, flooding, and extreme weather events; and,
e) Participate in monitoring programmes and the development of climate change
adaptation strategies with the Conservation Authority, including but not limited to
the following:
i. 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.
ii. Council may prepare and adopt a Local Action Plan setting out targets to
reduce green house gas (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.
iii. 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.
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iv. Council will encourage energy production technologies and form as set out in
Subsection 6.6 of this Plan as an approach to reduce the GHG emissions in the
Municipality.
8.13 Development Subject to a Planning Act Approval
In the event that development subject to a Planning Act approval is exempted from the
regulatory process of a conservation authority under provincial legislation the
Municipality shall be satisfied that all planning, development, and site alteration
considerations regarding any proposed development or site alteration of hazardous
lands and sites shall be incorporated into the conditions of approval or through a
development agreement, in consultation with the Conservation Authority having
jurisdiction prior to the granting of any approval for which the Municipality is approval
authority.
8.14 Development & Waste Disposal Sites
The following policies apply to development in proximity to all known/unknown active
and former (closed) waste disposal/transfer sites situated both within the Municipality
of Bayham and those situated in adjacent municipalities within the 500-metre
assessment area of the municipal boundary, and which are identified as land use
constraints on Appendix “1” to the Plan where their location is known:
a) The development of new uses or new/enlarged buildings or structures within 500
metres of an active waste disposal site may be permitted, provided an assessment
prepared by a qualified professional in accordance with provincial guidelines is
completed to determine:
i. whether the proposed use will be adversely affected by the waste
management site; and,
ii. the appropriate buffering and monitoring requirements.
b) Notwithstanding policy 8.14(a), no buildings or structures are permitted, and no land
uses other than agriculture and/or buffer strip shall take place within 30 metres of
the perimeter of an active waste disposal site, unless otherwise approved by the
Ministry of Environment, Conservation and Parks;
c) The development of new uses or new/enlarged buildings or structures within 500
metres from the fill area of the former waste disposal site may be permitted,
provided an assessment prepared by a qualified professional in accordance with
provincial guidelines is completed to determine:
i. whether the proposed use will be adversely affected by ground and
surface water contamination by leachate migrating from the former
waste disposal site; and,
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ii. the impact of leachate migration from the landfill site on the proposed
use.
d) Notwithstanding policy 8.14(c), no buildings or structures are permitted, and no land
uses other than agriculture and/or buffer strip shall take place within 30 metres of
the perimeter of a non-operating landfill site. Where the Ministry of the
Environment, Conservation and Parks is satisfied that only gas controls are necessary,
no buildings or structures and land uses other than agriculture and/or buffer strip
shall take place within 20 metres of the perimeter of a non-operating landfill site;
and,
e) The implementing Zoning By-law shall restrict development of new uses on lands
within the 500-metre assessment area of an operating or closed landfill site and may
include the use of a holding symbol. Any amendment to permit the development of
any new use within the assessment area shall not occur until the appropriate Council
is satisfied that all studies required by the Municipality and County have been
completed by a qualified consultant.
8.15 Contaminated or Potentially Contaminated Sites
Contaminated or potentially contaminated sites are composed of any site where future
use is affected by real or perceived environmental contamination from a current or
previous use of the site for commercial, industrial, or institutional use. These sites are
often called ‘brownfields’ and are not mapped in this Plan. Development on sites that
are, in the opinion of the County, Municipality or other authority, known or suspected to
be a contaminated site, are subject to the following policies:
a) Prior to permitting development on the site, the proponent shall complete the
following to the satisfaction of the Municipality:
i. Environmental Site Assessment (ESA) in accordance with provincial
guidelines; and,
ii. site restoration in accordance with a remedial plan, where the need for
remediation is identified.
b) Where an ESA has determined that contamination exists, no development shall be
permitted until such time as the completion of any required decommissioning
and/or remediation of the site, and a Record of Site Condition (RSC) has been
prepared and filed by a qualified person confirming that site soil conditions meet
provincial criteria for the proposed use. The site may need to be remediated in
accordance with Provincial requirements.
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8.16 Oil, Gas, and Salt Hazards & Former Natural Resource Extraction
Operations
Development on, abutting, or adjacent to lands affected by an oil, gas, or salt hazard or a
former natural resource extraction operation may be permitted only if rehabilitation or
other measures to address and mitigate known or suspected hazards are under way or
have been completed. Sites with contaminants in land or water shall be assessed and
remediated as necessary prior to any activity on the site associated with the proposed
use such that there will be no adverse effects. The Municipality shall encourage, where
feasible, on-site and local re-use of excess soil through planning and development
approvals while protecting human health and the environment.
8.17 Wildland Fire Hazards
Wildland fire hazards refers to areas assessed as being associated with the risk of high to
extreme wildland fire by the Province. In the absence of comprehensive mapping, to
determine if a site is subject to the risk of high to extreme wildland fire, a development
proponent shall utilize Federal and Provincial digital mapping resources, prior to making
an application for development, and provide that mapping as part of the application to
the satisfaction of the Municipality. The following policies shall apply where Wildland
Fire Hazards are identified:
a) Development shall generally be directed to areas outside of lands that are unsafe for
development due to the presence of wildland fire hazards;
b) Development may only be permitted where the risk is mitigated in accordance with
wildland fire assessment and mitigation standards; and
c) Applicants may be required to undertake a site review to assess, to the extent
possible, the level of wildland fire hazard and associated risk on and in the vicinity of
the subject lands and identify measures that need to be taken to mitigate the risk in
accordance with standards.
8.18 Abandoned Petroleum Wells
Associated with the Municipality’s petroleum reservoirs and past extraction operations,
there are numerous abandoned petroleum wells located throughout the Municipality of
Bayham. Schedules “B2”, “B3” and Appendix “1” of this Plan identifies wells known to
the Municipality. The following policies shall apply to abandoned petroleum wells,
whether or not they are identified on Schedules “B2”, “B3” and Appendix “1”:
a) As a condition of development, the Municipality will require that improperly plugged
(abandoned) wells that are known or discovered during development will be
properly plugged, capped, or otherwise made safe in accordance with provincial
requirements;
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b) Building locations should be examined for the presence of possible well sites using
established standards and procedures, and areas where wells are located should be
avoided when siting buildings, unless it can be demonstrated that development can
safely occur;
c) Upon cessation of production, well sites and locations of associated works shall be
rehabilitated to permit uses set out in the underlying land use designation where the
well sites are located. Upon cessation of production from wells in prime agricultural
areas, rehabilitation shall restore the site so it can be used for agricultural purposes;
and,
d) If sites of former works are discovered, these locations shall be rehabilitated prior to
development proceeding.
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9.1 Economic Development
Economic development refers to the Municipality’s efforts to attract and retain business
and industry in the Municipality’, provide high quality employment opportunities to
residents, and expand the Municipality’s tax assessment base. Ensuring a healthy
regional economy also means protecting important facilities and corridors that are
critical to business and industry.
9.1.1 Tourism
Tourism is a contributor to the Municipality’s economy due in part to its
proximity to Lake Erie and major population centres. As such, the growth of the
tourism industry is a strategic priority for the Municipality and tourism uses shall
generally be supported subject to the policies of this Plan.
9.1.2 Supporting Placemaking Initiatives
Placemaking is an approach to planning, design, and the management of public
spaces that seeks to capitalize on a local community’s physical assets and identity
to create public spaces that encourages private sector investment, builds civic
pride, and improves community well-being. Placemaking can include such
initiatives as public art installations, development of programmed public spaces,
and the improvement and beautification of infrastructure. The Municipality shall
support placemaking initiatives with the aim of attracting visitors, stimulating
local business, and creating a sense of civic pride within the Municipality of
Bayham.
9.1.3 Attracting the Creative Economy
The creative economy is composed of knowledge-based economic activities and
includes sectors such as advertising, architecture, design, culinary arts, visual and
performing arts, media, publishing, research & development, software, and
computer gaming. Creative industries are among the most dynamic sectors in the
world economy and attract a highly talented labour force. The Municipality’s
proximity to major markets and economic centres has the potential to attract
both businesses and talent who are seeking the lifestyle and quality of life
advantages that Municipality’s communities offer. To position the Municipality as
a destination of choice for businesses and individuals in the creative economy
the Municipality will:
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a) Protect and enhance the Municipality’s rural and urban character through the
development process (see Subsections 3.2.4 and 4.2.1 for more information);
b) Encourage the development of placemaking initiatives and events, festivals,
and the promotion of the Municipality natural and cultural heritage;
c) Encourage the creation of policies and regulations that seek to support and
facilitate creative industries, business incubation, studio and workshop
spaces, and the creation of creative hubs; and,
d) Implement the County Economic Development Plan where it is in the best
interests of the community to do so, as well as business recruitment and
expansion measures
9.2 Housing
The Municipality of Bayham recognizes the importance of housing to the social and
physical health and well-being of residents, as well as the economic success of Bayham.
To that end, the Municipality of Bayham will seek to ensure an appropriate and
adequate supply of housing for residents regardless of their socio-economic condition,
health, age, or ability.
9.2.1 Residential Land Supply
The Municipality shall ensure there is an adequate supply of residentially-
designated land in the Municipality to accommodate a minimum of 15 years of
residential growth (including redevelopment and intensification opportunities,
and ‘greenfield’ land). Further, the Municipality shall maintain, at all times, land
with servicing capacity sufficient to provide at least a five-year supply of
residential units available through lands suitably zoned and (where available)
serviced.
9.2.2 Requiring a Mix of Housing
Providing for a range of housing typologies promotes affordability and ensures
that the Municipality maintains options for households at all stages of their
lifecycle. It is the intent of this Plan to encourage a mix and range of housing
types, styles and tenures to meet the needs of a growing and diverse community
through the following policies:
a) In Settlement Areas where full municipal services are available, a range of
housing typologies shall be provided;
b) Where new residential development proposes single detached dwellings,
they shall generally not comprise more than 70% of the dwelling mix. This
requirement may be waived if:
i. the proposed development constitutes infilling or intensification;
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ii. the development is located on lands that are the subject of a
secondary plan that identifies an alternative housing mix for the area;
or,
iii. due to the scale of the development or servicing or engineering
constraints, the provision of a mix of housing types is not feasible.
c) Where the feasibility of incorporating a mix of housing types is in question, it
shall be incumbent on the applicant to demonstrate that the provision of a
mix of housing types is not feasible.
9.2.3 Additional Residential Units
Additional residential units are smaller apartments contained within a dwelling
or accessory building on the same property and are referred to by various names
including secondary suites, accessory apartments, or ‘granny flats’. For specific
policies pertaining to additional residential units in the Rural Area and Settlement
Areas, refer to Subsections 3.2.10 and 4.2.6 of this Plan.
9.2.4 Demolition or Conversion of Rental Housing
Rental units are a key supply of housing in the Municipality and are an important
to ensuring the Municipality has a diverse supply of housing to meet the needs of
its citizens. As such, the Municipality strongly discourages their demolition or
removal except where the demolition is required to address existing health and
safety issues and will result in the reconstruction or replacement of the
demolished units. In coordination with the County, the Municipality shall not
permit the conversion of rental units to ownership tenure through a plan of
condominium, except where:
a) it has been determined through a market impact study that the rental unit(s)
are not required to satisfy housing need in the Municipality; or,
b) the conversion to ownership housing would result in the creation of
affordable housing.
9.2.5 Affordable Housing
Affordable housing is defined by provincial policy and its provision ensures that
low- and moderate-income households can access both appropriately priced
rental units and homeownership in the Municipality. As such, it is policy of this
Plan to assist the County of Elgin in their target of achieving a cumulative total of
55% of new residential units developed across the County as affordable under
provincial policy through the implementation of the following policies:
a) The provision of housing that is affordable and accessible to low- and
moderate-income households shall be a priority of the Municipality;
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b) The Municipality shall consider innovative and alternative residential
development standards that facilitate affordable housing in compact built
form;
c) Affordable housing shall be supplied in a variety of housing types (bachelor
apartment units, one-bedroom apartment units, townhouses, single-
detached, etc.), provide for a range of family sizes and be encouraged to be
represented in all neighbourhoods within the Settlement Areas;
d) Affordable housing shall be encouraged to locate near neighbourhood
amenities, public service facilities, and other community facilities that
facilitate a complete community;
e) Developments containing affordable housing shall prioritize the construction
and provision of such housing or units at the same sequence as market rent
housing or units. If a development is subject to phasing, a percentage of the
affordable housing to be provided shall be constructed in each phase of the
development to the satisfaction of the Municipality;
f) The Municipality may, through a development agreement or Zoning By-law
Amendment, consider the provision of additional height permissions beyond
those in the policies of this plan, provided to developments without the need
for an amendment to this Plan for the provision of affordable housing units to
the satisfaction of the Municipality;
g) The Municipality may create and implement a range of planning and
regulatory incentives that encourage affordable and community housing.
Such incentives may include but are not limited to:
i. Additional Residential Unit (ARU) policies;
ii. Collaborating with community partners to foster the provision of
Affordable housing and community housing;
iii. Community Benefits Charges;
iv. Community Improvement Plans;
v. Deferring or waiving Development Fees and Charges;
vi. Height / density bonusing
vii. Municipal land contributions
viii. Municipal tax incentives or rebates
ix. Municipal grants or loans, and
x. Negotiating agreements with the public and private sectors to address
the provision of affordable housing and/or community housing
through the approval process.
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h) Advise all applicants with residential development proposals of affordability
price thresholds, and require all applications for plans of subdivision or
condominium to demonstrate how their proposal works towards achieving
the County’s affordable housing target, and if the proposal does not include
affordable housing, advising why it is not appropriate to incorporate it; and,
i) Examine opportunities to fund affordable housing community improvement
programming.
9.2.6 Public Assets for Affordable Housing
Prior to the disposal of surplus lands and facilities, the Municipality shall review:
a) Whether the land or facility would be suitable for affordable housing
development; and,
b) Whether a public or private body engaged in the provision of affordable
housing has an interest in the land or facility.
Further, the Municipality shall work with all levels of government, Indigenous
communities and service providers, private sectors, and non-profit sectors to
identify surplus government lands and/or buildings that may be suitable for
affordable housing and community housing development, including brown-and
grey-field sites outside employment areas to meet community needs.
9.2.7 Emergency Housing and Transitional Housing
Emergency housing offers short-term crisis support to those who are
experiencing homelessness and includes homeless shelters and shelters for those
escaping domestic violence and intimate partner violence. Transitional housing
includes group homes and other forms of temporary housing that aims to bridge
the gap from homelessness to permanent housing and is normally used as a form
of supportive housing for treatment, and mental health.
The Municipality will support and establish, where appropriate, the facilities for
providing Emergency Housing and Transitional Housing and will ensure that all
municipal buildings and facilities meet or exceed the provincial accessibility
standards and policies to ensure equitable access to them, especially during
times of crisis. Emergency Housing and Transitional Housing in the Municipality
shall be subject to the following policies:
a) Emergency Housing and Transitional Housing will be permitted in settlement
areas where lands are designated Hamlets, Residential, or Institutional in the
Villages, and subject to the requirements of the implementing Zoning By-law
and the policies of this Plan;
b) In order to prevent an undue concentration of Emergency Housing and
Transitional Housing in specific areas of the Municipality, standards requiring
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a minimum distance between these facilities may be incorporated in the
Zoning By-law;
c) Facilities existing on the date the Zoning By-law comes into effect, but not
complying with the requirements of the by-law, will be allowed to continue in
operation but will not be permitted to expand without Municipal approval;
d) The establishment of Emergency Housing or Transitional Housing must be
based on local need for the particular type of facility to serve the population
of the Municipality and the immediate surrounding area. In determining the
need and suitability of each type of Emergency Housing and Transitional
Housing the size and general character of the Municipality together with the
merits of each specific application must be given consideration;
e) Emergency Housing and Transitional Housing shall have sufficient off-street
parking to accommodate the vehicles of the staff or persons on duty in the
home and visitors in accordance with the implementing Zoning By-law;
f) Emergency Housing and Transitional Housing should be located near
neighbourhood amenities, public service facilities, and other community
facilities that facilitate a complete community; and,
g) Emergency Housing and Transitional Housing is not permitted within the
Rural Area of the Municipality.
9.2.8 Community Housing
Community housing (sometimes called social or subsidized housing), is housing
that is offered at below market rates to occupants and includes purpose-built
low-income housing developments, subsidized units in market-rate buildings, or
market-rate apartments paid for in part by provincial rent supplements. The
Municipality is supportive of efforts by community housing providers to develop
more community housing across the Municipality’s settlement areas and will use
best efforts to expedite approvals for proposed community housing
developments subject to the other policies of this Plan.
9.2.8.1 Location of Community Housing
When proposed, community housing should be:
a) located in settlement areas with full municipal services and adequate urban
amenities for residents;
b) near existing or planned transit (if available), including and active
transportation facilities; and
c) near public service facilities.
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9.2.9 Coordination with Higher Levels of Government
Coordination with provincial and federal governments and agencies, including
the Canada Mortgage and Housing Corporation, will be undertaken to advocate
for sustained provincial and federal funding that:
a) promotes the development of residential intensification, brownfield
redevelopment and affordable housing options, including community housing
and purpose-built rental units; and
b) supports energy efficiency and sustainable housing design for new and
existing residential units.
9.3 Cultural Heritage
This Plan shall endeavour to identify, protect, conserve, and enhance the built heritage
resources and cultural heritage landscapes, and archaeological resources in the
Municipality, in a manner that respects the rich cultural heritage of the Municipality.
The Cultural Heritage resources of the Municipality of Bayham are composed of:
a) Built heritage resources;
b) Cultural heritage landscapes; and,
c) Archaeological resources.
9.3.1 General Policies
a) Council may establish a Municipal Heritage Committee (MHC) to advise on
matters relating to the Ontario Heritage Act and other business relating to
heritage conservation.
b) Council shall encourage the designation and maintenance of properties and
structures pursuant to Parts IV and V of the Ontario Heritage Act.
c) Council shall require protected heritage resources to be conserved when
development or site alteration has the potential to affect a protected heritage
resource or is adjacent to a protected heritage resource, which shall be
demonstrated through appropriate technical cultural heritage studies
conducted by a qualified professional.
d) Council shall support the use of cultural heritage resources as a means to
promote economic development and tourism within the Municipality.
e) Council shall notify the Province when any proposed development may
impact a marked or unmarked cemetery in accordance with the Ontario
Heritage Act and the Funeral, Burial and Cremation Services Act.
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9.3.2 Implementation
9.3.2.1 Council shall implement the cultural heritage policies of this Plan through
participation in provincial and federal programs related to cultural heritage
conservation;
9.3.2.2 In addition to promoting co-operation with individual property owners in the
preservation of cultural heritage resources, Council will have regard to the effects
of public works on buildings, sites and areas of historical importance in the
Municipality;
9.3.2.3 New residential development in older residential areas of historical, architectural
or landscape value will be encouraged to develop in keeping with the overall
character of these areas; and,
9.3.2.4 Council may utilize any of the following planning tools when development or site
alteration has the potential to affect a protected heritage resource, a resource
with potential cultural heritage value or interest, or for development proposed
adjacent to a protected heritage resource or a resource with potential cultural
heritage value or interest:
a) The Municipality of Bayham Cultural Master Plan;
b) Heritage Impact Assessments;
c) Conditions of consent and subdivision approval and consequent agreements;
d) Provisions related to site plan control; and,
e) Standards, definitions and regulations in the Municipalities Zoning By-law.
9.3.3 Archaeological Resources
9.3.3.1 Development in Areas of Archaeological Potential
Development and site alteration will be permitted on lands containing
archaeological resources or areas of archaeological potential only when the
archaeological resources have been assessed, documented, and conserved.
Archaeological assessments must be carried out by licenced archaeologists, prior
to the permitting of development and any alterations to known archaeological
sites will only be performed by licensed archaeologists.
9.3.3.2 Marine Archaeological Resources
If there is potential for the presence of partially or fully submerged marine
features such as ships, boats, vessels, artifacts from the contents of boats, old
piers, docks, wharfs, fords, fishing traps, dwellings, aircraft or other artifacts
items of cultural heritage value or interest, a marine archaeological assessment
shall be conducted by a licenced archaeologist pursuant to the Ontario Heritage
Act.
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9.3.3.3 Determining Areas of Archaeological Potential
Archeological site locations and areas of potential will be determined based on
registered site data and potential screening criteria provided to the Municipality
by the Province, or through technical assistance. In the absence of
comprehensive mapping, to determine if a site is part of an area of
archaeological potential, a development proponent shall conduct and submit an
evaluation using the Province’s Criteria for Evaluating Archaeological Potential
and/or Criteria for Evaluating Marine Archaeological Potential for review and
concurrence by the Municipality of Bayham prior to making application for
development. Where one or more provincial criteria have been met the applicant
shall be required to engage a licensed archaeologist to prepare an archaeological
assessment prior to any ground disturbing activities.
9.3.3.4 Preparation of Archaeological Assessments
Where the Municipality has identified development applications that may impact
archaeological resources or lands of archaeological potential, the Municipality
will require an archaeological assessment be completed by a licensed
archaeologist. Development and site alteration shall not proceed until the
assessment or assessments have been entered into the Ontario Public Register of
Archaeological Reports, and where these reports conclude that:
a) the assessment of the area is complete; and,
b) all archaeological sites identified by the assessment are either of no further
cultural heritage value or interest, or that mitigation of impacts has been
accomplished through excavation or an avoidance and protection strategy.
9.3.3.5 Cemeteries & Burial Sites
Where development has the potential to impact a known or suspected cemetery
or burial site, the relevant approval authority shall require an archaeological
assessment by a licenced archaeologist. Provisions under both the Ontario
Heritage Act and the Funeral, Burial and Cremation Services Act shall apply.
Development shall be guided by this legislation and in accordance with any
directives from the Province. The Indigenous community with the closest cultural
affiliation shall be provided notification with regard to the identification of burial
sites relating to the activities of their ancestors.
9.3.3.6 Public Works Projects
To support conservation of archaeological resources, the Municipality may
review public works projects, regardless of whether they are subject to the
Environmental Assessment Act, to determine impacts upon potential
archaeological resources, conducting an archaeological assessment if the lands
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are located within an area of archaeological potential, or where an
archaeological site has been previously registered on the property.
9.3.4 Indigenous Engagement and Interests
The Municipality shall engage with Indigenous communities and consider their
interests when identifying, protecting, and managing built heritage resources,
cultural heritage landscapes and archaeological resources. To that end the
Municipality shall work in partnership with Indigenous communities with the
closest cultural affiliation and whose traditional territories are subject to
development or site alteration to determine if there are areas of known or
potential archaeological resources requiring completion of an archeological
assessment and/or conservation plan. This may include the collaborative
development of a terms-of-reference or similar that provide greater detail on the
protection of archeological resources related to Indigenous communities.
Where a completed archaeological assessment identifies sites and archaeological
resources of Indigenous interest, they shall be provided to the community of
closest cultural affiliation to the site and/or resources, subject to any legislative
requirements. To that end, the Municipality shall:
a) direct proponents to the appropriate Indigenous community and facilitate
communication with the relevant community;
b) require proponents to engage with Indigenous communities at the earliest
opportunity and consider their interests when identifying, protecting, and
managing archaeological resources, built heritage resources and cultural
heritage landscapes;
c) require documentation that the proponent has provided a copy of any
completed archaeological assessment report to those communities with the
closest cultural affiliation to the identified archaeological resources and in
whose traditional territories the archaeological resources were found; and,
d) notify, in advance, of on-site archaeological assessment work completed as
part of Municipality of Bayham public works projects, Indigenous
communities with the closest cultural affiliation to the project area and/or
archaeological resources and in whose traditional territories the
archaeological resources were located.
9.4 Climate Change
The Municipality recognizes the potential impacts of climate change on human health as
well as 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:
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a) 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;
b) 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;
c) 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; and,
d) Council will encourage energy production technologies and form as set out in
Subsection 6.6 as an approach to reduce the GHG emissions in the Municipality.
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The following areas are shown on the accompanying Schedules of this Plan as “Specific Policy
Areas” and illustrated with a mapping symbol/number which corresponds to the applicable
specific policy area as outlined in this section below. The policies will outline the geographic
location and area to which the policies apply.
10.1 Specific Policy Area No. 1 – Elliott Road
Notwithstanding the “The Rural Area” policies of this Plan to the contrary, the lands
comprising approximately 43 hectares in Part Lot 15, Concession 10 of the Municipality
of Bayham and bounded by Green Line to the north, Provincial Highway 3 to the south,
Elliott Road to the east and a wooded area to the west, and occupied by nineteen (19)
existing non-farm residential dwellings may accommodate a total of twenty (20) non-
farm dwellings in the area designated as “Specific Policy Area No. 1” on Schedule “B” of
this Plan.
10.2 Specific Policy Area No. 2 – Port Burwell Harbour
In addition to the policies of Section 8, the lands within the “Hazard Lands” designation
in Port Burwell which are generally situated south of Robinson Street, and east of the Big
Otter Creek and extending into Lake Erie, are designated as “Specific Policy Area No. 2”
on Schedule “B3” of this Plan, and may be used to develop a marina and ancillary
facilities. These lands will remain in a holding zone until such time as the conditions
regarding development as outlined in Section 8 of this Plan can be accommodated to the
satisfaction of the Municipality, in consultation with the Province and the Conservation
Authority.
10.3 Specific Policy Area No. 3 – Chateau Wyndemere
The re-development of the former church retreat lands comprising 22.1 hectares of land
located south of Nova Scotia Line in Part Lot 6, 7, 8, Concession 1, designated as
“Specific Policy Area No. 3” on Schedule “B” of this Plan, will require an Official Plan and
Zoning By-law Amendment prior to any development. The approval authority will
identify the required studies, through pre-consultation, prior to any amendment to this
Plan, which shall include, at a minimum, the following.
a) Studies completed to the satisfaction of the Ministry of Environment, Conservation
and Parks and the Municipality with respect to the proposed sewage and water
services in accordance with Section 3 and 6.4 of this Plan;
b) Completion of an Environmental Impact Study (EIS) in accordance with Section 5 of
the Official Plan;
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c) Cultural and archaeological assessments to be completed to the satisfaction of the
Ministry of Tourism, Culture and Sport as per Subsection 9.3 of this Plan;
d) An agricultural impact assessment, to be completed to the satisfaction of the
approval authority;
e) Adequate and appropriate access to a public road;
f) A development agreement entered into between the developer and the
Municipality, which shall address, but is not limited to, vehicular access to the lands;
and
g) Pedestrian access to Port Burwell Provincial Park, from the subject property, to be
reviewed by the Ministry of Natural Resources.
10.4 Specific Policy Area No. 4 – New England
Notwithstanding the “The Rural Area” policies of this Plan to the contrary, the lands
comprising Part Lot 24 & 25, Concession 9 of the Municipality of Bayham and designated
as “Specific Policy Area No. 4” on Schedule “B” to this Plan may be used for the purposes
of non-farm residential development on an infilling basis to a maximum of five (5) new
lots. The exact boundary of “Specific Policy Area No. 4” will be outlined in the Zoning By-
law. The proponent must demonstrate that MDS I has been satisfied.
10.5 Specific Policy Area No. 5 - 10729 Plank Road
In accordance with Subsection 3.10.2 of this Plan, the establishment of industrial land
uses in the rural area outside of the “Strategic Employment Areas” designation, located
at CON 8 PT LOT 20 RP 11R7041; PART 2 and municipally known as 10729 Plank Road
(County Road 19) and designated as “Specific Policy Area No. 5” on Schedule “B” of this
Plan, are permitted to use the lands for mechanical services business office and
warehouse industrial use, subject to a Zoning By-law Amendment. The use shall be
permitted specific to the subject lands in the implementing Zoning By-law prior to Site
Plan Approval being obtained. The lands subject to this Amendment may also be used,
developed, and zoned to permit the mechanical services office and warehouse use in
addition to the permitted uses of the Estate Residential designation.
10.6 Specific Policy Area No. 6 – 53443 Heritage Line
Notwithstanding Subsection 3.3.9.1.c), the dwelling located in Pt. Lot 109, Concession 6,
STR, and known municipally as 53443 Heritage Line, and existing as of March 2015, is
designated as “Specific Policy Area No. 6” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality.
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10.7 Specific Policy Area No. 7 – 54728 Best Line
Notwithstanding Subsection 3.3.1 and Subsection 3.3.9.1, the existing dwelling located
in Part S½, Lot 9, Concession 10, and known municipally as 54728 Best Line, is
designated as “Specific Policy Area No. 7” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling and zoned for residential use, whereas a new lot
represents the second surplus farm dwelling severance from the original farm parcel
known municipally as 54744 Best Line, and whereas new lots and new residential uses
are not permitted in the “Agricultural Area” designation.
The lands subject to this Amendment and designated "Agricultural Area" may be used,
developed and zoned in accordance with surplus farm dwelling policies of Subsection
3.3.9.1 of this Plan, as amended.
10.8 Specific Policy Area No. 8 – 55106 Vienna Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Concession 2, Part of Lots 10
and 11 and known municipally as 55106 Vienna Line, and existing as of May 2023, is
designated as “Specific Policy Area No. 8” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality.
10.9 Specific Policy Area No. 9 – 53291 Nova Scotia Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Concession 1, Part of Lot 3
and known municipally as 53291 Nova Scotia Line, and existing as of October 19, 2023, is
designated as “Specific Policy Area No. 9” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm operation is
located within an adjacent municipality
10.10 Specific Policy Area No. 10 – 4964 and 4968 Plank Road
Notwithstanding Subsection 3.3.11, the existing dwelling located in Concession 2, Part
Lot 14, and municipally known as 4964 and 4968 Plank Road, is designated as “Specific
Policy Area No. 10” on Schedule “B” of this Plan, which may be used as a Large Scale
Farm Labour Accommodation to house up to a maximum of twenty-nine (29) seasonal
workers during the apple growing season being transported to and from leased farm
parcels in the area, in the existing dwelling with gross floor area maximum of 305 m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
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10.11 Specific Policy Area No. 11 – 56237 Chute Line
Notwithstanding Subsection 3.3.11, the farm labour dwelling located in Concession 3,
Lot 19 and 20, and municipally known as 56237 Chute Line, is designated as “Specific
Policy Area No. 11” on Schedule “B” of this Plan, which may be used as a Large Scale
Farm Labour Accommodation to house up to a maximum of twenty-four (24) seasonal
workers during the apple growing season being transported to and from leased farm
parcels in the area, in the a dwelling with gross floor area maximum of 322 m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
10.12 Specific Policy Area No. 12 – 2 Robinson Street and 3 Erieus Street
Notwithstanding Subsection 4.4.3, the townhouse condominium development on lands
known historically as LT 6 & 7 E/S ROBINSON ST PL BAYHAM T/W E204755 & PT LT 7 W/S
ERIEUS ST PL 12 BAYHAM PT 2 11R3556; BAYHAM or 2 Robinson Street and 3 Erieus
Street may have a net residential density of 48 units per hectare, (including a southern
portion of 2 Robinson Street lands) with a total lot area maximum of 2,760 m2.
The lands subject to this Amendment as designated “Specific Policy Area No. 12” on
Schedule “B3” of this Plan may be used, developed, and zoned to permit a maximum 13-
unit townhouse condominium development
10.13 Specific Policy Area No. 13 – 55032 Vienna Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Part Lot 10, Concession 3
and known municipally as 55032 Vienna Line, and existing as of February 2024, is
designated as “Specific Policy Area No. 13” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, where more than one dwelling and severance of a
surplus farm dwelling had previously occurred on the farm parcel as a result of a farm
consolidation.
10.14 Specific Policy Area No. 14 – 55942 Maple Grove Line
Notwithstanding Subsection 3.3.9.1, the dwelling located in Part Lot 19, Concession 8
and known municipally as 55942 Maple Grove Line, and existing as of August 2024, is
designated as “Specific Policy Area No. 14” on Schedule “B” of this Plan, which may be
severed as a surplus farm dwelling, where the existing single-detached dwelling has
been built and occupied for less than a minimum of ten (10) years prior to the date of a
consent application.
10.15 Specific Policy Area No. 15 – Tier I & II Settlement Areas
Prior to the approval of any development, the Municipality shall require the preparation
and approval of a Servicing Study, which shall demonstrate available capacity of existing
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full or partial water and sanitary sewage systems in accordance with the policies of this
Plan, and that the costs of any required upgrades or extensions of existing servicing shall
be at the expense of the applicant.
10.16 Specific Policy Area No. 16 – 92 Edison Drive
In addition to the policies of Subsection 4.4.5, the lands identified as Part Block F N/S
Creek Rd Plan 54 Designated as Parts 23 and 24 11R6158 and Part 1 11R6159; S/T
LT38430; Bayham, and municipally known as 92 Edison Drive, shall permit the
development of a micro-distillery use with an ancillary Interpretation and Information
Centre on private services.
10.17 Specific Policy Area No. 17 – 56149 Glen Erie Line
Notwithstanding Subsection 3.3.11, the lands located in Concession 1, Lot 19, and
municipally known as 56149 Glen Erie Line, is designated as “Specific Policy Area No. 17”
on Schedule “B” of this Plan, which may be used, developed, and zoned to permit a
Large Scale Farm Labour Accommodation in addition to the three existing Farm Labour
Accommodation dwellings to house seasonal workers during the growing season being
transported to and from leased farm parcels in the area. The proposed Large Scale Farm
Labour Accommodation dwelling shall have a gross floor area maximum of 302m2. The
combined gross floor area of all Farm Labour Accommodation dwellings, including the
new Large Scale Farm Labour Accommodation dwelling and existing three Farm Labour
Accommodation dwellings may not exceed a maximum of 500m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
10.18 Specific Policy Area No. 18 – 11045 Bayham Norfolk Boundary Road
Notwithstanding Subsection 3.3.11.1, the lands located in Concession 8, Lots 27 & 28,
and municipally known as 11045 Bayham Norfolk Boundary Road, is designated “Specific
Policy Area No. 18” on Schedule “B” of this Plan, which may be used, developed, and
zoned to permit a Large Scale Farm Labour Accommodation dwelling to replace one
temporary Farm Labour Accommodation dwelling, to house seasonal workers during
the growing season being transported to and from leased farm parcels in the area. The
proposed Large Scale Farm Labour Accommodation dwelling shall have a gross floor area
maximum of 550m2. The combined gross floor area of all Farm Labour Accommodation
dwellings, including the new Large Scale Farm Labour Accommodation dwelling and the
existing Farm Labour Accommodation dwellings may not exceed a maximum of 615m2.
The subject lands subject to this Amendment as designated "Agricultural Area", may be
used, developed, and zoned to permit a Large Scale Farm Labour Accommodation in
accordance with Subsection 3.3.11 of this Plan, as amended.
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It is the intent of this Plan to serve as the basis for managing change in the Municipality of
Bayham until 2051. Any amendment proposed to this Plan shall conform to the Plan’s overall
intent as set out in the objectives of this Plan. The Plan may be altered to correct errors in the
text or Schedules/Appendices without an amendment, provided the alterations do not change
the effect of the objectives and policies of the Plan.
11.1 Delegation of Authority
11.1.1 The Municipal Council may delegate any of the authority vested with Council by
the Planning Act, which authority is permitted to be delegated by the said Act, as
Council deems appropriate during the planning period.
11.1.2 The delegation of Council’s authority pursuant to the Planning Act, may be
assigned by resolution of Council in compliance with the said Act, to any of the
following: a committee of the whole or part of Council; a planning advisory
committee which may or may not include non-elected ratepayers of the
Municipality; the Municipal Clerk; the Municipal Building Inspector and/or By-law
Enforcement Officer; a Committee of Adjustment; the Elgin County Land Division
Committee; or any other eligible person or persons as permitted by the
provisions of the Planning Act, and as Council deems appropriate.
11.2 Monitoring and Review of the Official Plan
The policies of the Plan are based on the goals and objectives of the Municipality within
a regulatory environment that is subject to change over time. Therefore, Plan monitoring
and review is required to identify trends in planning issues in the Municipality of
Bayham, to analyze the effectiveness of the policies of the Plan, and to allow for
adjustments and updating.
11.2.1 Monitoring and Review
11.2.1.1 The Municipality will review and update the policies of this Plan in accordance
with the Planning Act. The purpose of monitoring is to evaluate the effectiveness
and relevance of the Plan in meeting the Municipality’s goals and objectives. The
Municipality will cooperate with the County of Elgin in the maintenance of an
information system to allow for the appropriate analysis of the changes in the
social, economic, environmental, and technological conditions in the
Municipality of Bayham.
11.2.1.2 Council shall determine the need to revise the Official Plan in whole or in part in
consultation with prescribed public bodies and hold a special meeting of Council
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that is open to the public, at intervals of not more than every five (5) years. In
considering the need for revisions, the Municipality shall also consider Section 26
of the Planning Act which requires that the Official Plan:
a) is consistent with the Provincial Planning Statement;
b) has regard to the matters of provincial interest listed in the Planning Act; and,
c) conforms with the County of Elgin Official Plan.
11.2.2 Technical Revisions and Amendments
Technical revisions to this Plan will not require an Official Plan Amendment
provided they do not change the purpose and intent of the Plan. Technical
revisions include:
a) Changing the numbering, cross-referencing and arrangement of the text,
tables, and Schedules;
b) Altering punctuation or language for consistency;
c) Correcting grammatical, dimensional and boundary, mathematical or
typographical errors that do not affect the intent or policies or Schedules;
d) Adding technical information to Schedules;
e) Changing format or presentation;
f) Unless otherwise stated in the policies of this Plan, when the general intent
of this Plan is maintained, minor adjustments to boundaries will be updated
by way of consolidation reporting;
g) Minor refinements to the boundaries of Natural Heritage System, hazardous
lands or hazardous sites in accordance with the policies of this Plan and any
agency having jurisdiction;
h) Consolidating approved Official Plan Amendments in a new document
without altering any approved policies or Schedules.
11.2.3 Amendments to the Official Plan
An amendment to this Plan is required to permit a change in land use; allow for
uses not permitted and/or in accordance with the policies of this Plan; and to
change Settlement Area boundaries in accordance with the policies of this Plan
and the Planning Act. Amendments to this Plan shall be evaluated based on the
following general criteria:
a) Compliance with the requirements of the Planning Act and any other
applicable piece of legislation;
b) Demonstrated consistency with the Provincial Planning Statement, as
amended;
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c) Demonstrated conformity with the policies and land use designations of the
County Official Plan;
d) Demonstrated conformity with the overall intent of the strategic direction,
objectives, and the policies in each Section of this Plan; and how it conforms
to any other applicable Municipal by-laws, plans, and guidelines;
e) The need for the proposed use including justification for the amount of land
proposed for a change in designation based on existing undeveloped lands
available in alternative locations in the Municipality designated for the
proposed use;
f) The cumulative impact of approving similar development applications,
subject to any restriction of such consideration in provincial polices or this
Plan;
g) The adequacy of infrastructure and community facilities to support the
proposed use in accordance with the policies of this Plan;
h) The potential effect of the proposed use on the financial sustainability of the
Municipality;
i) The impact of the proposed use on the Municipality’s ability to achieve the
density targets as expressed in this Plan;
j) The ability of the application to address and satisfy the comments and input
received by commenting agencies and bodies;
k) Demonstration that input from the public has been reviewed and considered;
l) Demonstration that the plan or amendment is in the public interest; and,
m) Any other criteria determined to be relevant and applicable by the
Municipality in consultation with Indigenous communities and any agency
having jurisdiction.
11.3 Consultation and Participation
11.3.1 Public Participation & Consultation
It is a policy of this Plan that public participation should be an integral
component of any planning process. On this basis, before making any planning
decision, Council shall be satisfied that:
a) adequate public notice has been given in accordance with the Planning Act;
b) enough information to enable the public to reasonably understand the
nature of the proposal and its impacts is available prior to any public
meeting;
c) all public and agency comments have been reviewed and analyzed; and,
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d) their decision will appropriately balance the overall public interest against the
private interests expressed in the application.
Proponents shall be encouraged to pre-consult with neighbouring landowners
and residents to obtain their views before a formal application is submitted.
11.3.2 Indigenous Consultation
The Municipality will explore opportunities for collaboration on common
objectives and build relationships with Indigenous communities to advance
reconciliation and other joint interests. To that end, the Municipality will:
a) create, in collaboration with area Indigenous communities and the County, an
engagement protocol to be applied when engaging and coordinating with
Indigenous communities on planning matters;
b) have regard for the consultation protocols of Indigenous communities that
have traditional territory in the Municipality when engaging on planning
matters or public works projects; and,
c) engage with Indigenous communities and consider their interests when
identifying, protecting, and managing cultural heritage resources and
archaeological resources, planning for sustainability and climate change, and
the Natural System.
11.4 Interpretation
This Plan is the Municipality of Bayham’s statement of land use policy. As a statement of
policy, some general flexibility in interpretation may be required from time-to-time to
address site-specific or unforeseen circumstances. Where flexibility is warranted, it may
be considered at the sole discretion of Municipal Council provided that the intent of the
policies and objectives of this Plan are maintained.
11.4.1 Defined Terms
Where a word or term in is not defined or described in the body of this Plan, the
reader shall refer to the Planning Act, Provincial Planning Statement, or the
appropriate County or provincial implementation guideline for its definition.
Where there is no definition found, the common definition of the word or term
shall be used.
11.4.2 Land Use Designations
The boundaries between land uses designated on the Schedules to this Plan are
considered approximate except where they meet with roads, railway lines, rivers,
transmission lines, lot lines or another clearly defined physical feature. Where
the land use designations coincide with such physical features as roads, rivers
and other defined geographical features, the boundaries will be deemed to be
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the centre line of that feature. Where the general intent of the document is
maintained, minor adjustments to boundaries will not require an amendment to
this Plan
11.4.3 Settlement Area Boundaries
The boundaries of all Settlement Areas on the Schedules of this Plan are deemed
to be definitive.
11.4.4 Expanding Servicing to Tier II & III Settlement Areas
Where full or partial municipal services are established in, or expanded to, a Tier
II or III Settlement Area the following shall apply:
a) Where full services are provided to a Tier II Settlement Area, the subject
settlement area shall be interpreted as being a Tier I Settlement Area for the
purposes of this Plan; and,
b) Where full or partial services are provided to a Tier III Settlement Area, the
subject settlement area shall be interpreted as being a Tier I or II Settlement
Area, as the case may be, for the purposes of this Plan.
In such cases, no amendment to this Plan shall be required and the Municipality
shall update Schedule “A” and any impacted sections of this Plan through a
housekeeping exercise either independently, or as part of a statutory update to
this Plan. Until such time as this Plan has been updated, the revised status of the
formerly Tier II or Tier III Settlement Area(s) shall be deemed to conform to this
Plan.
11.4.5 Natural System Boundaries
It is recognized that the boundaries of the Natural System, are approximate or
may not reflect the current boundary of the system or feature due to the
dynamic nature of the system or feature. Changes to the limit or the significance
classification of individual components of the Natural System may be considered
through the findings of a sub-watershed study or environmental impact
statement completed to the satisfaction of the Municipality. If a change to the
limit or classification of a component of the Natural System has been
demonstrated to be appropriate the revised limit or classification shall prevail,
and no amendment to this Plan shall be required.
11.4.6 Hazardous Sites and Lands
Like the Natural System, the limits of hazardous sites and lands are approximate
or may not reflect the current boundary of the site or lands due to the dynamic
nature of these hazards. Where the boundaries of areas designated as “Hazard
Lands” are in doubt, the Municipal Council or its delegate shall consult with the
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Conservation Authority having jurisdiction and/or the Ontario Ministry of Natural
Resources to determine whether the Hazard Lands policies apply
11.4.7 Features Not Mapped
In some cases, some features noted in this Plan may not be mapped due to lack
of complete data, such as natural system features, aggregate resource areas, and
contaminated / potentially contaminated sites. Additionally, a feature may not be
mapped due to sensitivity of a feature such as the habitat of threatened or
endangered species. The policies of this Plan apply to the relevant features
regardless of whether they are mapped on the schedules of this Plan and no
official plan amendment shall be required to identify these features.
11.4.8 Road Locations
The location of the roads as illustrated on the schedules of this Plan shall be
considered as approximate. Amendments to this Plan will not be required to
make minor adjustments or deviations to the locations of roads provided that the
general intent of the Plan is maintained.
11.5 Pre-Consultation and Complete Application Requirements
11.5.1 Pre-Consultation Application
While mandatory pre-consultation with Municipal Staff is not a requirement of
the Planning Act for development applications, the Municipality strongly
encourages that proponents consult with the approval authority and relevant
agencies prior to submitting a formal application in order to determine what
studies, plans, and materials are required to support a complete application, as
set out in Section 11.5.2 of this Plan and in accordance with the Planning Act.
11.5.2 Complete Applications
11.5.2.1 Council and/or its delegate shall not declare any application made under the
Planning Act to be a “complete application” until Council is provided with
information, studies or drawings specified in the Planning Act or this Plan that
are deemed necessary to inform the public and decide on the application.
Supporting studies which may be required are listed in Section 11.5.3 of this
Plan. Until an application is submitted that addresses pre-consultation and
complete application requirements as specified by this Plan and the Planning Act,
Council and/or its delegate shall deem such applications to be incomplete and
shall be returned to the applicant.
11.5.2.2 The following supporting information, at a minimum, shall be required as part of
a complete application submission:
a) Prescribed application fee;
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b) Completed application form together with requisite authorizations, and cost
acknowledgement agreement if necessary;
c) Prescribed information and material as required by Planning Act regulations;
d) Covering letter, which outlines the nature of the application and details of the
pre-consultation meeting (if applicable);
e) Concept plans and/or drawings;
f) Identification of the new parcels that are to be created as part of a consent
application;
g) Copy of the property deed;
h) Any other studies, reports, and/or plans as identified as necessary from the
list in Subsection 11.5.2.3 as may be determined through pre-consultation;
and,
i) A copy of the PIN from the Ontario Land Registry for the subject lands.
The determination of a “Complete” Application does not infer support of the
application by the Municipality or that an application will be approved by
Council. A Notice of a Complete Application issued to the applicant simply
recognizes that the required information has been provided by the applicant.
11.5.2.3 The following supporting information may be required as part of a complete
application, as may be determined through pre-consultation:
a) Aggregate Resource Assessment;
b) Aggregate Impact Assessment;
c) Agricultural Impact Assessment;
d) Archaeological Assessment;
e) Concept or Demonstration Plan;
f) Cumulative Groundwater Impact Assessment;
g) Draft Plan of Subdivision or Condominium;
h) Energy & Emissions Strategy;
i) Environmental Impact Study;
j) Environmental Site Assessment;
k) Financial Impact Assessment;
l) Functional Servicing Report;
m) Geotechnical Assessment;
n) Heritage Impact Assessment;
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o) Heritage Conservation Plan;
p) Hydrogeological Assessment;
q) Land Use Compatibility Assessment;
r) Market Impact Study;
s) Market Justification Study;
t) Master Servicing Study;
u) Noise & Vibration Study;
v) Odour Assessment;
w) Planning Rationale or Justification Report;
x) Parking Assessment;
y) Reference Plan or Real Property Survey;
z) Rehabilitation Plan (natural resource extraction);
aa) Servicing Options Study;
bb) Species at Risk Assessment;
cc) Stormwater Management Plan;
dd) Sub Watershed Study;
ee) Sustainability Strategy;
ff) Topographic Survey;
gg) Traffic Impact Assessment; and,
hh) Urban Boundary Review Study.
Additional information not identified in the list above may be required at the
discretion of the Municipality and any other agency having jurisdiction.
11.5.3 Supporting Studies
The following policies apply to supporting studies, information and materials
submitted as part of development applications:
a) Certain supporting studies, information and materials will be required as part
of a development approval process or as part of a detailed planning study as
identified throughout this Plan. The need, timing and scope of such
supporting studies, information and materials will be determined by the
Municipality, in consultation with external agencies and the Conservation
Authority having jurisdiction, on a site-specific basis in consideration of the
site’s land use context and regard to the policies of this Plan;
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b) When the pre-consultation process for a proposed development approval
application identifies the need for one or more support studies, the
application will not be considered complete for processing purposes until the
required supporting studies, information and materials are prepared and
submitted to the satisfaction of the Municipality and the Conservation
Authority having jurisdiction. Notification of a Complete Application will be
given to the applicant and all other parties by the Municipality in accordance
with the Planning Act;
c) Applicants seeking development approval will be advised of the required
supporting studies, information and materials as part of the pre-application
consultation process or, if subsequently deemed necessary, prior to
scheduling a prescribed public meeting;
d) Supporting studies may vary in scope, depending upon the size, nature and
intent of the development approval application and the site’s land use
planning context. Applicants of development approval applications will be
advised by the Municipality of the required supporting study contents during
the pre-consultation process;
e) The Municipality will ensure that supporting studies, information and
materials provided by an applicant of a development approval application
that has submitted a complete application for development approval will be
made available to the public for review;
f) Where a supporting study or report is required, it shall be prepared by a
qualified professional in the relevant field and shall have regard to all federal
and Provincial legislation, policies and guidelines and best management
practices within the field. Where a supporting study is required, it shall be at
the full cost of the applicant; and,
g) In some cases, Council and/or Municipal Staff may require a supporting study
required under the provisions of this Plan to be peer reviewed. Peer review is
a process used to evaluate the work performed by one’s peers to ensure it
meets specific criteria. The requirement for a peer review should be
identified during the pre-consultation process or following the formal
application submission and first review of supporting studies. The need for a
peer review should be based on; The complexity of the application; the
nature of the impacts that may result from an application; and/or, where
there is no in-house expertise to review the technical report.
The purpose of the peer review process is to:
• Confirm that it has been prepared by a qualified professional;
• Ensure that accepted technical guidelines, standards, methodologies, or
procedures have been followed;
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• Check that appropriate data was utilized or if other data could have been
used and if the information was properly analyzed;
• Check that relevant existing comprehensive studies for the area have
been utilized or cross referenced; and,
• Determine if the technical conclusions are reasonable and if appropriate
recommendations are included or are necessary.
The peer review process can involve review of the entire study or be limited
to specific sections of a report. The Municipality reserve the right to choose
the extent to which a study is scrutinized. Where Council and/or Municipal
staff has required that a peer review be completed, the proponent of the
planning application will pay for the costs of the peer review studies,
including the costs of reviewing the Terms of Reference.
The approval authority may require additional information at any time prior
to a decision.
11.6 Planning Administration and Tools
11.6.1 Comprehensive Zoning By-Law and Amendments
11.6.1.1 Under the Authority of Section 34 of the Planning Act, a Comprehensive Zoning
By-law may be used to implement the policies of this Plan. The Municipality of
Bayham’s Comprehensive Zoning By-Law shall be updated to ensure
implementation of this Plan or other applicable plans or studies.
11.6.1.2 Approval of a Zoning By-Law Amendment is required where development or a
use is proposed that does not meet the permitted uses and regulations in the
Zoning By-Law.
11.6.1.3 In accordance with the Planning Act and upon approval of enabling regulations,
the Municipality may impose conditions on zoning and may require an
agreement related to the conditions which may be registered on the title of the
property.
11.6.2 Non-Conforming Uses
11.6.2.1 It is the intention and expectation of the Municipality that legal non-conforming
use(s), buildings, shall eventually cease to exist and be replaced by uses that
conform with this Plan.
11.6.2.2 Notwithstanding any policies in this Plan to the contrary, any lands used for
legally existing purposes in any designation for which no provision is made by this
Plan for such activity to be permitted, the lands may continue to be used for such
purpose and shall be recognized as a legal non-conforming use(s). If such legal
non-conforming use(s) cease to exist or are interrupted by an otherwise legal
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land use(s), then the legal non-conforming status shall lapse, and rights derived
from such use(s) shall terminate.
11.6.2.3 Council, or its delegate, may pass by-laws or otherwise facilitate the extension
and/or enlargement of such use(s) within the confines of the lands on which the
activity is located without an amendment to this Plan provided that the applicant
has demonstrated:
a) The use would not pose public health or safety risks or negative impacts on
groundwater and surface water quality and quantity, and is not located
within or adjacent to hazardous lands, hazardous sites, or human-made
hazards;
b) The use is compatible with and would not result in adverse effects on a
sensitive land use or the establishment or expansion of major facilities;
c) The use can accommodate parking with no negative traffic impacts; and
d) There is a demonstrated need for the use and adequate screening and
buffering can be accommodated.
11.6.3 Holding Provision By-laws
11.6.3.1 Holding provisions, in accordance with Section 36 of the Planning Act, may be
applied in conjunction with any land use designation and are applied through the
implementing Zoning By-Law to specify the use to which lands, buildings, or
structures may be put at such time as the holding (h) symbol is removed. A
holding provision may be applied where the Municipality has determined the
suitable and specific land use for an area or parcel of land, but has determined
that development of the lands for the intended use is premature until certain
requirements and/or conditions are fulfilled.
11.6.3.2 Holding (h) symbols may be utilized for any lands within the Municipality of
Bayham, whether developed or undeveloped.
11.6.3.3 Holding (h) symbols will not affect the existing use(s) of land provided those
use(s) are carried on without a significant period of interruption.
11.6.3.4 Such requirements and conditions applied through the holding provisions may
include, but are not limited to:
a) Provision of adequate water, wastewater, and other services as required to
support the proposed development;
b) Appropriate phasing of the development;
c) Completion of conditions, studies or requirements related to traffic,
infrastructure, drainage, agriculture, environmental issues, the natural
heritage system, conservation of cultural heritage resources, urban design,
and/or archeology; and,
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d) Entering into a development agreement with the Municipality of Bayham.
11.6.3.5 The removal of a holding provision will occur by By-Law where Council, or its
delegate, is satisfied that all conditions or requirements have been satisfied and
that development will occur in accordance with the objectives of the Plan and
any applicable agreements. Notice shall be given in accordance with the
requirements of the Planning Act and the polices of this Plan.
11.6.3.6 When lot creation occurs through the consent procedures of this Plan, the
holding provision may be removed when the applicant has satisfied all the
conditions of the approval, including any requirements to enter into
development agreements.
11.6.3.7 Until such time as the holding symbol is removed, the by-law may permit or limit
interim uses. The interim uses may include existing uses and minor expansions of
the uses where they will not jeopardize the ultimate intended use and
development of the lands.
11.6.3.8 Additional regulations apply to the lands during the period in which the holding
provision is in place may also be set out in the implementing By-Law.
11.6.4 Interim Control By-laws
The Municipality may pass Interim Control By-Laws, in accordance with Section
38 of the Planning Act, to place immediate restrictions on the use of certain
lands or on certain land uses where the Municipality has directed that a study or
studies related to land use planning be undertaken. An Interim Control By-Law
may be passed for a period of up to one year and extended provided the by-law
does not go beyond two years of its original date of passage.
11.6.5 Temporary Use By-laws
11.6.5.1 The Municipality may pass Temporary Use By-laws, in accordance with Section 39
of the Planning Act, to authorize the temporary use of land, buildings, or
structures for a period of time not exceeding three (3) years from the date of the
passing of the Temporary Use By-law. Council may grant further periods of time,
not more than three years each, during which the temporary use may be
allowed. Temporary Use By-laws may be passed for:
a) Purposes that are otherwise prohibited by this Plan or the implementing
Zoning By-Law.
b) Council, or its delegate, to assess a use which is unfamiliar to determine
whether the use should be considered as a conforming use by site-specific
amendment to this Plan or implementing Zoning By-Law upon the expiry of
the temporary authorization or whether the use should be extended or
discontinued.
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c) Pilot projects and tracking of uses that may be of interest to the Municipality
but require further studies and information prior to permanent permissions
being enacted.
d) The temporary use of vacant land for a purpose which is not otherwise
permitted by this Plan, pending the future development of the land.
e) A mobile home for temporary residential accommodation pending the
completion of a permanent dwelling.
f) A mobile home or travel trailer to be used as a site office, or for
accommodation for a caretaker or watchman during a large construction
project.
11.6.5.2 Temporary use by-laws may be passed provided the applicant has demonstrated
that the following requirements have been met:
a) The proposed use shall be temporary and shall not entail major construction
or investment, such that the owner shall not experience undue hardship in
reverting to the permitted uses upon the termination of temporary use by-
law;
b) The proposed use is compatible with the surrounding land uses;
c) The proposed use can be adequately serviced,
d) The proposed use shall not have adverse effects, shall not cause a public
health and safety risk, is not within or adjacent to a human-made or natural
hazard, and is in accordance with the Natural System policies; and
e) The proposed use shall not adversely affect traffic or on-site parking
11.6.5.3 An applicant may be required to enter into an agreement with the Municipality
and post securities, if necessary, to ensure that structures associated with a
temporary use provision are removed upon expiry of the By-Law.
11.6.5.4 Approval of a Temporary Use By-law shall not be construed to permit the
continued use of the land, buildings, or structures for the purposes as set out
within the Temporary Use By-law beyond the time period(s) authorized by the
by-law as such uses are not legal non-conforming uses in accordance with the
Planning Act.
11.6.5.5 Council may delegate its authority to administer these procedures to an
appointed Committee, officer, or employee identified by by-law.
11.6.5.6 In accordance with Section 39.1 of the Planning Act, and notwithstanding the
three (3) year limit provided in Section 11.6.5.1, the Municipality may authorize
the temporary use of a garden suite for a period of time that typically does not
exceed 10 years and shall not exceed 20 years from the date of the passing of the
by-law.
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Further to Section 11.6.5.3, the agreement with the Municipality may deal with
such matters relating to the temporary use of the garden suite as the
Municipality considers necessary or advisable, including,
a) The installation, maintenance and removal of the garden suite;
b) The period of occupancy of the garden suite by any of the persons named in
the agreement; and,
c) The monetary or other form of security that the Municipality may require for
actual or potential costs to the Municipality related to the garden suite.
11.6.6 Plans of Subdivision, Plans of Condominium and Part Lot Control
11.6.6.1 The division or creation of lots through the plan of subdivision process are
governed by Section 51 of the Planning Act. In accordance with the provisions of
Section 51(9) of the Planning Act, the County of Elgin is the approval authority
for plans of subdivision, plans of condominium, and part lot control for lands
within the County. Council or its delegate shall provide comments to the County
on applications made under Section 51 of the Planning Act.
11.6.6.2 Lot creation by plan of subdivision is generally required if:
a) the extension of existing infrastructure (i.e. servicing or roads) or the
development of new infrastructure is required;
b) the area that is proposed to be developed is not considered to be infilling;
c) more than five lots including the retained lands are being created; and/or
d) the owner is retaining sufficient lands for the development of additional lots
in accordance with the land use designation in this Plan.
11.6.6.3 In addition to those criteria contained in Section 51(24) of the Planning Act,
Council will evaluate applications for plans of subdivision based on criteria that
includes, but is not limited to, the following:
a) The plan of subdivision is consistent with the objectives and conforms to the
policies of this Plan;
b) The plan of subdivision can be adequately serviced with and makes suitable
provision for services including, but not limited to, public streets, water,
storm sewers, waste collection and disposal, public utilities, fire and police
protection, parks, schools, and other community facilities;
c) The plan of subdivision will be compatible with surrounding land uses and,
where possible, is designed to reduce any existing negative impacts on
surrounding land uses, the transportation network, or significant natural
features, subject to other policies of this Plan; and,
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d) The plan of subdivision is designed to integrate with adjacent lands having
compatible uses.
11.6.6.4 The policies of this Plan and the requirements of the Municipality of Bayham
regarding plans of subdivision will be implemented primarily through a
subdivider’s agreement between the Municipality and the subdivider, and
through the application of the Zoning By-law.
11.6.6.5 The part lot control provisions of the Planning Act have the effect of preventing
the division of land in a registered plan, other than that allowed for in the
approved plan of subdivision (without further approvals). Council or its delegate
shall provide comments to the County where an application is made for the
following types of applications for exemptions from part lot control:
a) the creation of lots for dwellings with common walls (e.g. semi-detached,
rowhouses, etc.) within an approved plan of subdivision;
b) minor lot realignments within a plan of subdivision;
c) technical severances, such as additions to lots, easements, or land
dedications within a plan of subdivision; and,
d) the creation of lots within blocks in a plan of subdivision that were clearly
indicated and intended to be further subdivided at the time the application
was considered by Council.
In addition, Council may consider the creation of additional lots in a plan of
subdivision through an application for exemption from part lot control due to
changes in market conditions provided Council is satisfied the resulting changes
will not affect the nature or character of the proposed subdivision and the
changes do not require further technical review of the plan of subdivision.
11.6.7 Consents
11.6.7.1 The granting of consents to sever and convey land in the Municipality of Bayham
shall continue to be the responsibility of the Elgin County Land Division
Committee, in accordance with Section 53 of the Planning Act. Council, or its
delegate, shall provide comments to the Elgin County Land Division Committee
on all applications for consent to sever and convey land in the Municipality of
Bayham.
11.6.7.2 The following general policies shall apply to consents:
a) A consent shall only be granted if the purpose for which the lands subject to
the consent are to be used is in conformity with this Plan and the provisions
of the Zoning By-law, and, when it is clear that a Plan of Subdivision or Plan of
Condominium need not be registered. Where a consent contravenes this Plan
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or the Zoning By-law, no consent shall be granted unless the Plan and/or the
Zoning By-law is amended and approved accordingly.
b) The policies of this Plan and the requirements of the Municipality regarding
consents may be implemented through a development agreement between
the Municipality and the applicant pursuant to the Planning Act.
c) A consent shall only be granted for mortgage purposes where it is capable of
satisfying the appropriate and applicable policies of this Plan and the
appropriate and applicable regulations of the Zoning By-law with respect to
the use to which the lands would be put if a separate lot is created.
d) A consent shall only be granted for the purposes of settling an estate where it
is capable of satisfying the appropriate and applicable policies of this Plan
and the appropriate and applicable regulations of the Zoning By-law with
respect to the use to which the lands would be put if the estate is settled and
a new lot or lots are created.
e) Consents for lot adjustments, lot additions, minor boundary changes,
easements and rights-of-way, or correction of title are permitted in any land
use designation, provided the severance does not result in the creation of a
new lot, the severed and retained parcels comply with the other
requirements of this Plan, the Zoning By-law, and where applicable, the
consent decision shall stipulate that Subsection 3 of Section 50 of the
Planning Act, be applied to any subsequent conveyance of the severed
parcel.
f) In the event a consent is granted which does not conform to the policies of
this Plan, the Municipal Council may appeal the decision to the Ontario Land
Tribunal.
g) Consents abutting or adjacent to a Provincial Highway must meet the policies
and guidelines of the Province of Ontario for access and are subject to permit
approval.
h) In accordance with the Planning Act, conditions of approval may be applied
to provisional approval of a severance and shall be fulfilled within the
mandated time frame as set out in the Planning Act. The Municipality may
require as a condition of approval, that the applicant enter into a
development agreement including the posting of securities with the
Municipality regarding such matters as deemed appropriate which may
include, but not be limited to: financial requirements; the provision of
infrastructure; a Site Plan for development; access, grading, drainage,
servicing and stormwater management; architectural design; conservation of
cultural heritage landscapes and resources, and archaeological resources;
completion and implementation of an environmental implementation plan or
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tree inventory, protection and compensation plan; sustainable building and
site design features; measures to protect health and safety; and any other
measures as deemed appropriate to enhance compatibility with the surround
community character.
11.6.8 Minor Variances
Under the Authority of Section 45 of the Planning Act, Council, or its delegate,
may grant Minor Variances from the provisions of any implementing by-law of
this Plan where it is of the opinion of Council, or its delegate, that the change
does not require a full amendment to the by-law, is minor in nature, maintains
the general intent and purpose of the Zoning By-Law, maintains the general
intent and purpose of this Plan, and conforms with any prescribed criteria.
11.6.9 Site Plan Control
11.6.9.1 Council will control the provision of certain site-related facilities and features
associated with all development through the mechanism of the Site Plan Control
By-law as provided for in the Planning Act.
11.6.9.2 The whole of the Municipality of Bayham is designated as a site plan control
area. The Municipality may, by by-law, exempt one or more land uses from Site
Plan Control.
11.6.9.3 Site Plan Approval will be required prior to the issuance of building permits for all
development located in the Site Plan Control Area and not exempt from Site Plan
Control as set out in the Site Plan Control By-law.
11.6.9.4 In accordance with the Planning Act and the policies of this Plan, the
Municipality may require applicants to submit such plans and drawings permitted
by the Planning Act as part of a complete application for Site Plan Control.
11.6.9.5 The Municipality may impose conditions in accordance with and outlined in
Section 41 of the Planning Act.
11.6.9.6 Widening of highways shall be required as a condition of site plan approval for all
development within the Site Plan Control Area abutting those roads described as
“Designated Road Allowances” in Section 6 of this Plan.
11.6.9.7 The Municipality may enter into such agreements as may be necessary to secure
appropriate conditions of Site Plan approval pursuant to the provisions of the
Planning Act.
11.6.9.8 When considering applications for site plan approval, the Municipality will co-
operate with the County, to ensure that the County has been given sufficient
opportunity to require the owner of the land to dedicate the land for road
widening purposes on roads that fall within the jurisdiction of the County and to
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require road access permits and agreements, as may be required by the County,
under the provisions of the Planning Act.
11.6.10 Secondary Plans
Secondary Plans may be prepared for any of the Tier I & II Settlement Areas to
plan for orderly growth and development and/or provide greater detail and
localized land use policies. The following policies apply to the preparation of
Secondary Plans:
a) Where a Secondary Plan is deemed to be required, Council shall first, by
resolution, establish a Secondary Plan Area for the purposes of initiating a
Secondary Plan study;
b) Where a Secondary Plan has been requested by the Municipality in support
of privately initiated development application(s), the costs of preparing the
Secondary Plan will be borne by the affected landowners.
c) The preparation of a Secondary Plan will consider existing land uses within
the Secondary Plan Area and may establish the location of key community
services and amenities including schools, parks and open space and related
uses.
d) Secondary Plans will be adopted as amendments to this Plan and read in
conjunction with this Plan in its entirety and shall conform to the Goals,
Objectives, and Policies of this Plan. Any specific policy guidance resulting
from the preparation of a Secondary Plan will be consolidated into this Plan
and the relevant schedules to this Plan will be amended or new schedules
may be added.
e) A Secondary Plan may be undertaken simultaneously with an undertaking
under the Environmental Assessment Act to satisfy the Environmental
Assessment requirements in a comprehensive and integrated process.
f) It is not the intent of this Plan to duplicate any requirements with respect to
an undertaking under the Canadian and/or Ontario Environmental
Assessment Act, including Environmental Screening, Environmental Review
and/or Individual Environmental Assessment requirements and Certificates of
Approval
11.6.11 Community Improvement Plans
Community Improvement provisions of the Planning Act give municipalities a
range of tools to proactively stimulate community improvement, rehabilitation
and revitalization. In designated Community Improvement Project Areas, the
preparation of Community Improvement Plans will provide the Municipality with
various powers to maintain and promote attractive and safe living and working
environments through community improvement. This includes the authority to
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offer incentives to stimulate or leverage private and/or public-sector investment.
The following policies shall apply:
a) Council may designate by By-law “Community Improvement Project Areas”,
the boundaries of which may be the entire Municipality or part of the
Municipality of Bayham. These areas will be eligible for “Community
Improvement”, as defined in the Planning Act.
b) Council may acquire, hold and prepare land for the purposes of community
improvement, or to facilitate private investment, within designated
Community Improvement Project Areas where appropriate;
c) Community Improvement Plans may contain incentive-based programs,
which may include grants, loans, property tax assistance, or other methods
deemed appropriate by the Municipality;
d) Through Community Improvement Plans, the Municipality may support the
planning or re-planning, design or redesign, re-subdivision, clearance,
development or redevelopment, construction, reconstruction and
rehabilitation, built heritage preservation, improvement of energy efficiency
or mitigation of greenhouse gas emissions, and provision of affordable
housing within a Community Improvement Project Area.
e) Within a Community Improvement Project Area, the provision of such
residential, commercial, industrial, public, recreational, institutional,
religious, charitable, or other uses, buildings, structures, works,
improvements, or facilities, and/or spaces, as may be appropriate or
necessary to achieve the improvement envisioned by the Municipality shall
be encouraged.
f) The relative need for community improvements will be considered in the
preparation of annual municipal capital expenditure budgets;
g) The Municipality will enforce its Property Maintenance and Occupancy
Standards By-law in order to maintain minimum standards of occupancy for
any class or type of building, structure, or land use within the Community
Improvement Area;
h) Council will consider the granting of variances and the use of innovative or
flexible zoning techniques as per the Planning Act, where such techniques
would support community improvement objectives;
i) Council will support proposals for infill development within the Community
Improvement Area when it has been demonstrated that such infill
development will not cause or contribute to land use conflicts;
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j) The Council will consider delegations and proposals from organized
community groups who itemize deficiencies and needs in local leisure
resources and facilities;
k) Specific Community Improvement Projects will depend on the availability of
Federal and Provincial grant and/or loan programs, Municipal resources, and
on the relative need for physical improvements in specific areas.
11.6.12 Block Plans
11.6.12.1 At the discretion of the Municipality, growth and development on large tracts of
land, in designated greenfield areas, and/or outside of the Built Boundary or
Built-Up Area within Settlement Areas may require a comprehensive Block Plan
to be submitted, and prepared by the proponent at their expense in accordance
with the policies of this Plan, criteria of this section, and to the satisfaction of the
Municipality prior to the acceptance of a complete application and approval of a
development application. Prior to the preparation of a Block Plan, a Terms of
Reference shall be prepared by the proponent(s) of the development and
reviewed by the Municipality, which establishes specific details of the Block Plan
Process.
11.6.12.2 It is the intent of this Plan to use Block Plans as non-statutory documents that
form the basis of the comprehensive planning, vision, design, and approvals of
development for an area of land. This section has been created to standardize
and provide a general overview of the Municipality’s expectations for Block Plan
submissions to allow for efficient preparation, review, and processing of
applications. All other policies of this Plan shall be referenced to provide detailed
context on complete communities framework and design.
11.6.12.3 Criteria for the preparation of Block Plans is as follows:
a) To encourage comprehensive planning, a Block Plan may:
i. Identify the proposed land uses and density distribution, ensuring
that the density targets established throughout this Plan are achieved;
ii. Confirm the boundaries of the Municipality’s Natural Heritage System,
Natural Hazards and other Natural Heritage Areas to be protected
through completion of a Watershed and Subwatershed Plan or
equivalent studies;
iii. Identify, avoid and manage land use conflicts between major facilities
and sensitive land uses;
iv. Identify proposed parks, recreation facilities and uses, and trailways; ·
Identify a detailed road pattern;
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v. Prepare a Block Servicing Strategy that is informed by Watershed and
Subwatershed Plan or the equivalent to outline the provision of
municipal services to support the development including water,
sewer, and storm water management;
vi. Provide a Design Report or similar that outlines the preliminary design
concepts and their relation to Cultural Heritage Landscapes and
Resources, Indigenous values, the small-town charm of the
Municipality, and an overall high quality design;
vii. Identify network and system connections, including transportation
and public space connections, to properties within and adjacent to
the Block Plan area;
viii. Where the Block Plan area includes multiple landowners, form the
basis for a Developer’s Group Agreement or similar; and
ix. All other items as identified in the Municipality’s approved Terms of
Reference.
b) The preparation of Block Plans shall conform to the policies of this Plan,
including any implementation tools, guidelines, by-laws or similar. The Block
Plan shall be prepared in accordance with a Terms of Reference as prepared
by the proponent(s) at the beginning of the Block Plan process and after Pre-
Consultation with the Municipality of Bayham, Indigenous communities, and
any agency having jurisdiction.
c) The Block Plan and applicable studies may form the basis for minor and
technical adjustments to the boundaries of land use designations without the
requirement for an amendment to this Plan, to the satisfaction of the
Municipality.
d) Further and supplementary to this Plan, the Municipality of Bayham may
develop a Comprehensive Terms of Reference for Block Plans to be added as
an Appendix to this Plan and whereby the submission of a Block Plan would
be subject to the terms of said Appendix as applicable.
11.6.13 Master Environmental Servicing Plans
Master Environmental Servicing Plans and similar studies are long range plans
undertaken prior to large-scale development that integrate infrastructure
requirements for existing and future land uses with environmental assessment
planning principles to ensure that land use planning achieves sustainable and
managed growth. The following policies shall apply to the preparation of Master
Environmental Servicing Plans:
a) Such studies shall reflect the goals, objectives, visions, and policies of this
Plan in a comprehensive manner. Studies must examine related infrastructure
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systems such as transportation, water supply, sanitary sewers, stormwater
management, natural heritage systems, water resource systems, cultural
heritage resources, and urban design, to determine a comprehensive
framework for long range planning as part of development through the
secondary planning process.
b) Master Environmental Servicing Plans must be prepared prior to large-scale
development occurring on large tracts of land within Settlement Areas or
within a proposed Settlement Area Boundary expansion. For the purposes of
this policy, large-scale development shall not be limited to consideration of
singular properties but will generally mean development or redevelopment
of lands where the potential exists for a large-scale cumulative development
area, as determined by the Municipality of Bayham.
c) A Master Environmental Servicing Plan may be initiated by the Municipality
or undertaken by the private property owner(s) provided the Municipality
has deemed it appropriate through the Council endorsement of a Terms of
Reference for the study. The costs of preparing a Master Environmental
Servicing Plan will be borne by the private property owner(s), and not the
Municipality, unless it was initiated by the Municipality.
d) Master Environmental Servicing Plans shall be approved by Council in
consultation with Indigenous communities, Conservation Authorities, the
Federal and Provincial governments, local residents, business owners, and
adjacent municipalities where affected.
e) Development within the boundaries of a Master Environmental Servicing
Plan shall demonstrate conformity with the requirements and
recommendations of the Master Plan.
f) A Master Environmental Servicing Plan or similar study must be completed
prior to the acceptance of a complete application for a Planning Act
application with respect to large-scale development.
11.7 Property Acquisition, Parkland Dedication, and Disposal of Surplus Lands
11.7.1 Property Acquisition
11.7.1.1 The Municipality may acquire land to implement any element of this Plan in
accordance with the provisions of the Municipal Act, the Planning Act, Ontario
Heritage Act or any other Act.
11.7.1.2 In acquiring land, the Municipality shall consider all options for the acquisition of
land, including but not limited to: dedication; donations; assistance from other
levels of government, agencies, conservation organizations, charitable
foundations; density transfers; land exchanges; long-term leases; easement
agreements; purchase agreements; the bonusing provisions of the Planning Act,
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subject to the other relevant policies of this Plan; partnerships; land trusts;
placing conditions on development approvals; and, expropriation.
11.7.2 Parkland Dedication
11.7.2.1 In order to acquire and develop parks and open space areas, the Municipality
shall require parkland dedication and cash-in-lieu of parkland in accordance with
the following polices and the Municipality’s parkland dedication by-law:
a) 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
600 units at a maximum rate of 1 hectare per 1,000 units or the equivalent
cash-in-lieu, of the gross area of lands being subdivided for residential
purposes.
b) A dedication of two percent (2%) of the gross area of land proposed for
development or redevelopment or the equivalent cash-in-lieu, of the gross
area of lands being subdivided for commercial and industrial purposes.
c) Where land in a draft plan of subdivision 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.
d) 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.
e) 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:
i. Where the required land dedication fails to provide an area of suitable
shape, size or location for development as public parkland;
ii. Where the required dedication of land would render the remainder of
the site unsuitable or impractical for development; and,
iii. Where it is preferable to have consolidated parkland of a substantial
size servicing a wide area.
11.7.2.2 The following criteria shall be considered where on-site parkland dedication is
proposed:
a) Lands conveyed to the Municipality for park or other recreational purposes
shall be conveyed in a condition satisfactory to the Municipality, free and
clear of all encumbrances unless otherwise agreed to by the Municipality,
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meeting minimum standards in terms of drainage, grading and site
conditions;
b) The Municipality will not consider any land that has been or is to be conveyed
to the Municipality for stormwater management facilities, for flood plain or
conservation purposes, for highways, roadways, walkways, servicing or any
other non-parkland purpose, as contributing towards the required parkland
dedication;
c) The Municipality retains the right to not accept the conveyance of any land
that is considered by the Municipality to be unsuitable for park or public
recreation purposes and without restricting the generality of the foregoing,
and having any of the following features:
i. environmental features;
ii. hazardous or flood prone lands;
iii. steep or unstable slopes;
iv. where the location and configuration of the lands are constrained or
undesirable as determined by the Municipality;
v. any lands having unsuitable or unstable soil conditions;
vi. utility rights-of-way or easements, including but not limited to hydro,
gas, cable and telecommunications;
vii. lands that are contaminated or are suspected of being contaminated;
viii. any land containing an easement, encumbrance, or right-of-use that
limits or restricts the Municipality’s use of the land; or
ix. lands that are within or form part of a stormwater management
facility.
d) Where it has been determined by the Municipality that the lands to be
conveyed have been physically disturbed by the dumping of debris,
unconsolidated fill or other refuse, or by stripping the topsoil or by any other
means or works, the owner shall be responsible for restoring the land to a
condition satisfactory to the Municipality before the Municipality accepts
such lands.
e) For any other criteria specified in the Municipality’s parkland dedication by-
law.
11.7.2.3 Any legal and administrative costs associated with the conveyance of land for
parkland purposes under this subsection shall be the responsibility of the
transferor.
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11.7.3 Disposal of Municipal Surplus Lands
In accordance Section 270 of the Municipal Act, as may be amended or updated,
it is the policy of the Municipality to require that the disposal of surplus real
property be undertaken in a transparent and accountable manner that
maximizes social, economic, environmental, and cultural return to the
Municipality. The disposal of surplus real property shall be implemented in a
manner that is consistent with the vision, objectives, and policies of this Plan.
11.7.4 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 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 publicly
accessible parking located elsewhere in the Municipality.
11.8 Community Benefits Charges
The Municipality may prepare a background study and enact a by-law in accordance
with the Planning Act to collect Community Benefits, with such charges applied,
calculated, and collected in accordance with the Planning Act, this Plan, and the by-law.
Such a by-law may apply to the Municipality as a whole and/or to specific geographic
areas and may exempt some or all Community Benefits Charges or exempt certain
development or redevelopment from the Community Benefits Charges to promote
specific development, redevelopment, or revitalization objectives in accordance with the
Planning Act and the policies of this Plan.
11.9 Reference to Legislation, Policies, & Guidelines
Where this Plan makes reference to any act, regulation, policy, or guideline of any
planning authority, such reference shall be deemed to include any subsequent
amendments or successor document.
Where this Plan makes reference to any Ministry or Agency, such reference shall be
deemed to include any successor Ministry or Agency.
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11.10 Discrepancies in the Plan
If there is a discrepancy between policies of any section of this Plan or the County of
Elgin’s Official Plan, the more stringent policy, standard, or criteria shall prevail.
Alternatively, the matter may be referred to Municipal Council for clarification.
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THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z823-2026
BEACH
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1)THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Map
11, Schedule “A” by changing the zoning symbol on the lands from a ‘Agricultural 1 (A1)’
Zone to a ‘Site-Specific Agricultural (A1-56)’ Zone, which lands are outlined in heavy solid
lines and marked “A1-56” on Schedule “A” to this By-law, which schedule is attached to
and forms part of this By-law.
2)THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.56.1 Defined Area
A1-56 as shown on Schedule “A” (Map No.11) to this By-law.
5.12.56.2 Additional Permitted Uses
Animal Kennel, in the form of a dog boarding, breeding, and grooming
business, in addition to permitted uses of the A1 zone.
3)THIS By-law comes into force:
a)Where no notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b)Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 2nd DAY OF APRIL 2026.
READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF APRIL 2026.
___________________________ ____________________________
MAYOR CLERK
ZBA-03-26
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2026-021 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD APRIL 2, 2026 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held April 2, 2026 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF APRIL, 2026.
____________________________ _____________________________ MAYOR CLERK