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HomeMy WebLinkAboutBy-law No. 2020-093AMENDMENT NUMBER 26 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham Partial Services in the Village of Straffordville and Hamlet of Eden The following text constitutes Amendment Number 26 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2020-093, in accordance with Section 17 of the PLANNING ACT, on the 17th day of December 2020. MAYOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-093 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 26 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 26 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 17th day of December 2020. MAYOR CERTIFIED that the above is a true copy of By-law No. 2020-093 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM /_1►,1:11ZIQLy,I-W19►[OW1. PURPOSE The purpose of the Official Plan Amendment is to permit subdivision development in the Village of Straffordville and Hamlet of Eden on municipal sanitary sewers and private on - site wells, until such time as municipal water services are available. The amendment will also establish the criteria for development on partially serviced lands. The criteria will include the submission of studies assessing the availability of water quantity and quality sufficient to service the long-term needs of the subdivision; studies assessing the potential impacts of new wells on the water quantity and quality for existing and approved development in the same aquifer, and development agreements for future connection of subdivision lots to a municipal water system 2. LOCATION The Official Plan Amendment will be applicable to the Village of Straffordville and the Hamlet of Eden. 3. BASIS OF THE AMENDMENT The Municipality has received inquiries from property owners in specific Settlement and Hamlet areas, the Village of Straffordville and the Hamlet of Eden, who would like to develop plans of subdivision on municipal sanitary services and private on -site water services. In recognition of the cost and logistics associated with extending the water services to new areas within the Municipality of Bayham, the intention of the Official Plan Amendment is to facilitate more efficient development within the Settlement Areas of the Village of Straffordville and Hamlet of Eden, Currently, any major residential, commercial, or industrial development proposed in the Village of Straffordville or Hamlet of Eden on lands not serviced with municipal water is required to submit an Official Plan Amendment. Major development is generally defined by the Official Plan as any plans of subdivision with more than five (5) lots. This Official Plan Amendment would permit subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary sewers and private on -site wells, until such time as municipal water services are available. The amendment would also establish development criteria to ensure long-term water supply and protection for existing ground water users. The criteria will include the submission of studies assessing the availability of water quantity and quality, sufficient to service the long-term needs of the subdivision; studies assessing the potential individual and cumulative impact of new wells on the water quantity and quality for existing and approved development drawing water from the same aquifer; and development agreements for future connection of subdivision lots to a municipal water system. 4. DETAILS OF THE AMENDMENT a) Section 4.2.1.3 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subtext: 4.2.1.4: Notwithstanding Section 4.2.1.3 or any other Plan policy, any major residential, commercial or industrial development, generally defined as infilling through plans of subdivision with more than five (5) lots, 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 must enter into an Agreement with the Municipality as to the design and cost apportionment of any future public works required to bring these services or facilities up to the appropriate standard, which complies with all regulatory requirements, and protects human health and the natural environment. aj 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.