TOWN OF TECUMSEH · TOWN OF TECUMSEH . SANDWICH SOUTH OFFICIAL PLAN (OFFICE CONSOLIDATION) Page 3 ....

TOWN OF TECUMSEH

SANDWICH SOUTH OFFICIAL PLAN

- Consolidated Copy -

This Office Consolidation includes all Provincially approved amendments up to and including Amendment No. 13 adopted by Council on August 13, 2013 and approved by the County of Essex on October 16, 2013. Please note that amendments to the Official Plan are common. Accordingly, all information contained herein should be confirmed with Town staff.

Consolidated

June 2014

TOWN OF TECUMSEH SANDWICH SOUTH OFFICIAL PLAN (OFFICE CONSOLIDATION) 1. Date Plan Adopted by Council June 23, 1997 2. Date Plan Approved by Province March 13, 1998 2. Date of This Consolidation June 2014

LIST OF ALL AMENDMENTS INCLUDED IN THIS CONSOLIDATION

CHANGES MADE TO SECTION/SCHEDULE

COMMENTS

OPA

NUMBER

DATE OF

ADOPTION

DATE OF

APPROVAL

adds s.s 2.19

A-2

Memorial Gardens Hamlet Development to Community Facility s/s of King’s Hwy No. 3, east of Outer Drive adds s.s. 2.19 Exceptions to text by way of MMAH

modification

1

December 8,

1997

June 6, 1998

A-2

Santarossa Hamlet Development to Business Park e/s of 8th Concession Road, between King’s Hwy

No. 401 and County Rd. 46

2

December 8,

1997

April 8, 1999

TOWN OF TECUMSEH SANDWICH SOUTH OFFICIAL PLAN

(OFFICE CONSOLIDATION) Page 2


COMMENTS

OPA

NUMBER

DATE OF

ADOPTION

DATE OF

APPROVAL

adds 3.13

A

Coxon Development Agricultural to Highway Service Centre northwestern corner of Highway 401/Manning Road

intersection includes MMAH modification to s.s. 3.13.2 ii)

3

January 12, 1998

July 31, 2001

replaces 3.13.2(i)

A

Coxon Development Agricultural to Highway Service Centre northwestern corner of Highway 401/Manning Road

intersection (northern lot of area)

4

May 11, 1998

July 31, 2001

A-2

Dixon Community Facility to Business Park former Sandwich South Township municipal building

- 3455 North Talbot Road

6 January 25, 2000

March 24, 2000

A-2

St. Charabel Church Business Park to Community Facility north-east corner of Outer Drive/Highway #3

intersection

7

September 26,

2000 January 15, 2001

adds 3.6.2 v)

A-1

Gary Baxter - 1637 Lesperance Road north-west corner of Lesperance Road & Westlake

Drive Low Density Residential to General Commercial

8

April 8, 2003

June 4, 2003

Adds/Changes

various sections

adds new A-3 & C-1

Maidstone Hamlet Secondary Plan Discus. Papers 1 & 2 Introduction of various policies for the Maidstone Hamlet

Urban Area coming out of the Secondary Plan process

9

October 28, 2003

February 23,

2007

Adds 3.9.2 vii)

A-1

D19 GECDSB – Grtr. Essex County District School Board east side of Banwell Road, north of Ct. Rd. 42 Hamlet Development to Community Facility

10

May 27, 2008

July 28, 2008

TOWN OF TECUMSEH SANDWICH SOUTH OFFICIAL PLAN

(OFFICE CONSOLIDATION) Page 3


COMMENTS

OPA

NUMBER

DATE OF

ADOPTION

DATE OF

APPROVAL

COLTAQ residential subdivision (Highway No.3 /

Howard Avenue)

5 1999 OMB denied approval on

March 22, 2004

A-2

D19 HALL – Hallmark Memorial 5624 Walker (County Road 11)

11

November 22, 2011

January 6, 2012

A-1

D19 SYLSTR – Strawberry Ridge Phase 4 Residential subdivision

12

June 25, 2013 July 20, 2013

Adds 3.6.2 vi)

A-2

D19 TOWL2 – Towle Family Holdings XCentrick Autosports 5550 Oldcastle Side Road

13

August 13, 2013

October 16, 2013

____________________________________________________________________________________ Township of Sandwich South Official Plan, Consolidated June 2014 i

TABLE OF CONTENTS SECTION 1 PURPOSE AND BASIS OF THE PLAN 1 1.1 Introduction 1 1.2 Legislative Authority 1 1.3 Planning History 1 1.4 Purpose of the Plan 2 1.5 Basis of the Plan 2 SECTION 2 GENERAL DEVELOPMENT

POLICIES 12 2.1 General 12 2.2 Site Suitability 12 2.3 Buffering 12 2.4 Development Along Watercourses 12 2.5 Minimum Distance Separation 12 2.6 Heritage Conservation 13 2.7 Energy Conservation 13 2.8 Electric Power Facilities 13 2.9 Other Utility Facilities 13 2.10 Institutional Uses 14 2.11 Mobile Homes 14 2.12 Wayside Pits, Quarries and Portable Asphalt Plants 14 2.13 Woodlots 15 2.14 Development Along Railways 15 2.15 Development Abutting Provincial Highways and County Roads 15 2.16 Development Near Windsor Airport 16 2.17 Development Near Former Waste Disposal Site 16 2.18 Ontario Hydro Right-of-Way 16 2.19 Sewage Treatment Plants 16 2.20 Re-Use of Potentially

Contaminated Sites 17 2.21 Exceptions 17 SECTION 3 LAND USE PLAN 19 3.1 Agricultural 19 3.2 Low Density Residential 21 3.3 Medium Density Residential 23 3.4 Hamlet Residential 24

3.5 Neighbourhood Commercial 24 3.6 General Commercial 26 3.7 Business Park 28 3.8 Hamlet Development 29 3.9 Community Facility 30 3.10 Recreational 31 3.11 Natural Environment 32 3.12 Floodplain Development

Control Area 33 3.13 Highway Service Centre 33 3.14 Maidstone Hamlet Residential 35 SECTION 4 LAND DIVISION POLICIES 38 4.1 General Policies 38 4.2 Agricultural 39 4.3 Low and Medium Density and

Maidstone Hamlet Residential 42 4.4 Hamlet Residential 42 4.5 General Commercial,

Neighbourhood Commercial and Business Park 42

4.6 Hamlet Development Area 43 4.7 Community Facility and Recreational 43 4.8 Natural Environment 43 4.9 Floodplain Development

Control Area 43 SECTION 5 MUNICIPAL SERVICES 44 5.1 General 44 5.2 Water Supply and Distribution 44 5.3 Sewage Disposal 45 5.4 Storm Drainage 48 5.5 Transportation 49 SECTION 6 IMPLEMENTATION AND INTERPRETATION 53 6.1 General 53 6.2 Implementing Zoning By-law 53 6.3 Holding Zones 53

____________________________________________________________________________________ Township of Sandwich South Official Plan, Consolidated June 2014 ii

6.4 Site Plan Control 53 6.5 The Municipal Act and the

Development Charges Act 54 6.6 Committee of Adjustment 54 6.7 Plans of Subdivision 54 6.8 Public Works and Capital Works Programs 55 6.9 Maintenance and

Occupancy By-law 55 6.10 Other Methods of Implementation 55 6.11 Existing Land Uses and Buildings 55 6.12 Non-Conforming Uses 56 6.13 Existing Lots of Record 57 6.14 Lots That Straddle

Municipal Boundaries 57 6.15 Temporary Use By-laws 57 6.16 Interpretation 58 6.17 Amendment Procedures 58 6.18 Review of Official Plan Policies 58 6.19 Municipal Plan Review

/One Window 59

_____________________________________________________________________________________ Township of Sandwich South Official Plan, Consolidated June 2014 1

SECTION 1 PURPOSE AND BASIS OF THE PLAN

1.1 INTRODUCTION This Plan, as approved by the Minister of Municipal Affairs and Housing on March 13, 1998 is known as the Official Plan for the Township of Sandwich South. The following text and Schedules “A”, “A-1”, “A-2”, “A-3”, “B”, “C”, “C-1” and “D” inclusive constitute the Official Plan. The policies and land use designations described in this Plan should not be considered static and will be reviewed and altered by way of amendment as required. The designations and policies of this Plan are based on background research that was conducted prior to the formal adoption of this document. A major portion of this research is available in the form of background reports and discussion papers dated June 1991, October 1995, December 1995, February 1996, and October 1996. New land use designations and policies for the Maidstone Hamlet Urban Area have been incorporated into this Plan by way of amendment number 9 in the year 2003. These new land use designations and policies are based on the completion of two documents by the Town, entitled “Discussion Paper No. 1: Results of Community Visioning Sessions, Maidstone Hamlet Secondary Plan, June 2002” and “Discussion Paper No. 2: Conceptual Plan and Servicing Report, Maidstone Hamlet Secondary Plan, July 2003, Revised September 2003”. These documents are an expression of the considerable public consultation process and technical review that was undertaken by the Town in advance of adopting Official Plan amendment number 9, as summarized in Subsection 1.5.6, Maidstone Hamlet Secondary Plan.

1.2 LEGISLATIVE AUTHORITY Under Section 17 of the Planning Act, R.S.O. 1990, as amended, the Council of a municipality may provide for the preparation of a plan suitable for adoption as the Official Plan of the municipality. The following text and schedules constituting the Official Plan for the Township of Sandwich South apply to all the lands located within the township's corporate limits. An Official Plan is defined in the Planning Act as a document, approved by the Minister, containing goals and objectives and policies established primarily to provide guidance for the physical development of a municipality while having regard to relevant social, economic and environmental matters. Section 24 of the Planning Act further provides that where an Official Plan is in effect, no public work shall be undertaken and no by-law passed for any purpose unless it is in conformity with the Official Plan. 1.3 PLANNING HISTORY This Official Plan is the second official planning document for Township of Sandwich South. The first Official Plan was adopted by Council in April 1968, and approved by the Minister in February 1969. Major amendments to this Plan have been made during the last three decades, including the adoption of new: ∙secondary plan policies for the Tecumseh Hamlet (1976), the Oldcastle Industrial Park and the Howard, Maidstone, Baseline Road, Oldcastle Hamlets (1982), and the Twin Oaks Business Park (1990); ∙rural land division policies (1982); ∙holding zone policies (1991); and ∙temporary use policies (1991).


1.4 PURPOSE OF THE PLAN This Official Plan sets out, in general terms, the future pattern of development for the Township of Sandwich South for a twenty year planning horizon. The Plan's purpose is to: a) provide direction and establish policies

which will be used by Council, the Committee of Adjustment, municipal staff and other affected stakeholders when making decisions with respect to land use planning and development matters township-wide;

b) clearly delineate the boundaries of areas to

be used for urban purposes; c) encourage all future non-agriculture

development to locate within designated urban areas, where a full range of municipal infrastructure and community facilities and services can be provided in an economically and environmentally sound manner which is sustainable over the long term;

d) ensure that good agricultural land is

preserved and enhanced for agricultural use;

e) protect remaining significant natural

heritage features, and encourage the planning, design and creation of a new greenway system in areas which are considered from an ecological perspective to possess attributes that will improve the quality of life for existing and future generations of township ratepayers and all inhabitants of the Essex Region;

f) eliminate scattered and uncontrolled

development and encourage a logical and orderly pattern of development;

g) establish a land use pattern that ensures a

basic compatibility between and among the township's various land uses;

h) identify the present level of services

available within the township, and identify expansion or extensions required to facilitate future development;

i) encourage the provision of a broad range of housing forms, tenures, and sizes to meet the needs of all households, including households of low and moderate income levels;

j) establish and maintain a transportation

network that is capable of providing safe and convenient vehicular and pedestrian traffic movements to/from areas situated within the township and to/from other parts of Essex County and the City of Windsor;

k) ensure that future development does not

place an unnecessary financial burden on existing ratepayers, and occurs at a pace which is within the financial capability of the township;

l) maintain a strong and vibrant local economy

which is able to generate a broad range of employment opportunities for township ratepayers, and is also capable of assisting the township with financing required municipal infrastructure and services;

m) inform the private sector of the type and

standard of development that will be permitted within the township in the future;

n) provide a frame of reference for future

detailed studies which may be undertaken when considered necessary by Council, especially with respect to long-term servicing and infrastructure issues.

1.5 BASIS OF THE PLAN The policies contained in this Plan are based on the research and analysis phase of the Official Plan Review, and consultations and meetings that have taken place since 1991 with representatives from various provincial ministries, local agencies, the township and the City of Windsor. The assumptions and conclusions that have been used to formulate


the township's land use goals and policies will over time be reviewed and, if necessary, amended by Council. 1.5.1 Time Period of Plan This Plan is intended to guide future development within the corporate limits of the Township of Sandwich South until 2016. All forecasts of growth and related land use requirements correspond to this planning period. Council will review this Plan at least once every five years to ensure that the policies and land use designations contained herein remain relevant to the township's development circumstances. 1.5.2 Municipal Profile and Existing

Development Pattern The Township of Sandwich South is situated in the northwest quadrant of Essex County. It is surrounded by the Town of Tecumseh to the north, the Township of Maidstone to the east, the Townships of Colchester North and Anderdon to the south, the Town of LaSalle to the west and the City of Windsor to the north and west. At present, less than ten percent of the township’s total land area of 11,000 hectares is currently designated and/or used for urban purposes. The physical size of each of the designated settlement areas and industrial/business parks is displayed in Table 1. In addition to the nine settlement and industrial/business park areas, the existing regional airport (Windsor Airport) is located in the township, on approximately 800 hectares of land currently owned by Transport Canada, north of County Road 42 and west of County Road 17. Between 1966 and 1994 the township's population grew at an average rate of 1.5 percent per year. The most recent municipal enumeration data available indicates that the township's 1994 population was 6,260, an

increase of approximately 2,100 persons over the last two and one-half decades.

TABLE 1

SETTLEMENT AREAS AND BUSINESS PARKS

Existing Settlement Areas

No. of Hectares

Tecumseh Hamlet 330 Maidstone Hamlet 53 Oldcastle Hamlet 44 Baseline Road Hamlet 31 Howard Hamlet 17 Total - All Settlement Areas

475

Existing Industrial/Business

No. of Hectares

Oldcastle Industrial Area 440 Twin Oaks Business Park 77 Manning Road Business Park

55

Baseline Road Industrial Area

32

Total - Industrial/Business

603

Even though the vast majority of the township's land base is agricultural in nature (ie. primarily cash crop farming operations), only 3 percent of the municipality's total labour force is employed in farming activities. Most township residents are employed in manufacturing, construction, education, health and other non-farm related occupations. These non-farm households reside in a number of well established residential settlement areas. Approximately fifty percent of all township residents currently live in the largest of these existing settlement areas - the Tecumseh Hamlet. This settlement area is a fully serviced urban area with: a piped municipal sanitary sewage collection system; a piped municipal


water supply system; and community facilities and commercial services such as churches, schools, parks, and neighbourhood convenience type businesses required to meet the needs of the residents affected. The age profile of the township’s population has changed significantly since the early 1970s, with an increase in the number of mature adults and seniors and a corresponding decline in the number of children. During the same time period, the township’s average household size declined from 4.1 persons to 3.3 persons per household. Both of these changes are a result of social and economic factors that have contributed to declining fertility and mortality rates province-wide. These trends are expected to continue for the foreseeable future, as the population continues to age and a greater number of individuals reside in 1 and 2 person households. 1.5.3 Forecasted Residential Demand The residential policies contained in this Plan are based on the following population and housing demand forecasts: (a) Population Forecasts

Five potential population scenarios have been identified and evaluated for the Township of Sandwich South, based on various assumptions with respect to changes in both rates of natural increase and migration. These scenarios range from 0.5 to 4 percent growth per year.

Considering historical trends, recent development activity in the township and in the surrounding municipalities, and likely future economic prospects, the most probable forecasts indicate that by the year 2016 the township's overall population will be in the area of 8,600 to 10,500. This represents an average annual growth rate of between 1.5 and 2.5 percent per year. The higher range of growth is anticipated due to the recent high growth rates

experienced in the municipality in the past five years.

(b) Housing Demand Forecasts

These population forecasts are expected to translate into a demand for an additional 820 to 1,520 housing units during the planning period 1996 to 2016. Demographic, economic and migration factors which affect demand for housing should be reviewed periodically, and if necessary these forecasts should be revised and updated as necessary.

In order to meet the existing and anticipated future needs of a more mature population with smaller household sizes, a more diverse range of housing types, tenures and sizes will be required by the municipality

1.5.4 Forecasted Commercial and Industrial

Demand Over the last two to three decades the township has been able to attract and maintain a healthy and diverse industrial sector. The approximate 360 hectares of developed industrial land township-wide has created thousands of employment opportunities for the residents of the Windsor-Essex County Region as a whole, and has contributed significantly to the tax base of the township, the County of Essex, and the two county school boards. Easy access to/from major transportation corridors (such as Highway 401, the Ambassador Bridge, and Highway No. 3) and major employment centres in southeastern Michigan and Metropolitan Windsor have contributed to the success of the Oldcastle Industrial Park, the largest industrial area situated within the municipality. The accessibility factor has become increasingly important during the last decade as “just in time” manufacturing has become common place in the automotive industry. Many


large-scale manufacturers encourage their suppliers to be situated in relatively close proximity to the assembly plant which, in turn, promotes a clustering of complementary activities within one or more suburban industrial park settings. Superior road and highway networks rather than good rail connections become a critical consideration when siting a feeder plant that is part of a “just in time” manufacturing operation. Access to air cargo freight services for emergency shipments needed from time to time is also an important consideration for “just in time” manufacturing. The Oldcastle Industrial Park is situated within minutes of the Windsor Airport, and therefore, can take advantage of the services offered by air freight should the need arise to meet deadlines and client requirements world-wide. The presence of a skilled labour force capable of producing a high quality product at competitive prices is another important factor that has kept the township’s industrial sector globally competitive. The tool and die and mold makers from the township and the Windsor-Essex County Region have been recognized as being world leaders in their industry. Based on the current annual absorption rate, and other location factors which have led to significant recent industrial and commercial growth in the Oldcastle and Manning Road areas, approximately 20 hectares of industrially designated land should continue to be made available annually in appropriate locations in the Township. To meet anticipated needs to the year 2016, the township should ensure that 400 hectares of vacant land is designated, zoned, and fully serviced for light industrial purposes. When determining which area or areas should be designated for commercial and light industrial purposes, Council should consider the following siting criteria and land use planning principles:

a) new commercial and light industrial

areas should be logical extensions of existing built-up and designated commercial districts and industrial/business parks;

b) natural or recognizable man-made

boundaries (such as transportation corridors) should be used to help define the extent of the commercial district or industrial park;

c) full urban services should be available

or capable of being provided to the commercial district or industrial park in an environmentally sound and fiscally responsible manner;

d) significant woodlots, open

watercourses and other natural features should be capable of being preserved and protected as part of the commercial/industrial expansion.

In keeping with evolving market forces, a broader range of commercial land uses should be allowed within and/or as part of a light industrial/business park setting. Office, service commercial uses, and large free-standing retail store uses which require high exposure locations on main thoroughfares and relatively large land areas should be encouraged to locate within expanded industrial/business parks. 1.5.5 Forecasted Agricultural Demand It is expected that agriculture will remain one of the township's primary activities and that the present level of land under agricultural production will remain approximately the same or reduce slightly as non-agricultural development proceeds within the expanded urban area boundaries. Agricultural industry analysts suggest a continuation of the present trend towards fewer farmers owning larger or a greater number of farms and requiring even less labour because of increased mechanization. Based on existing soil and drainage characteristics cash-crop farming will likely continue to be the preferred agricultural activity


township-wide. However, as market conditions, farm practices, and technological improvements change over time, more intensive and diverse forms of agricultural uses will likely evolve in the coming decades. 1.5.6 Maidstone Hamlet Secondary Plan

A community-based Secondary Plan

process was initiated by the Town in order to formulate a comprehensive land use and servicing policy framework and concept plan to facilitate the development of a co-ordinated, properly serviced and livable community in Maidstone Hamlet. The policies and land use designations incorporated into the Official Plan by amendment number 9 are intended to provide a policy framework that will allow for the proper evaluation of individual development applications located within the hamlet while establishing a clear vision for the hamlet’s future.

(a) The Process

Town Council established a Steering Committee to oversee and guide the preparation of the Secondary Plan. Given the interest expressed by residents in the hamlet regarding its future development, two representatives of the community were selected to sit on the Committee, along with four Council members and technical support staff.

In order to facilitate a meaningful form of public involvement, a community-based planning process was undertaken to assist in the building of a partnership with residents, landowners, developers, Town Council and Administration with the common goal of positively influencing the future design, livability and quality of life in the hamlet. Accordingly, the Town held two Visioning Sessions as overseen by a professional facilitator. This led to the completion of “Discussion Paper No.1: Results of Community Visioning Sessions, Maidstone Hamlet Secondary Plan, June 2002”.

Subsequently, a second discussion paper was completed, “Discussion Paper No. 2: Conceptual Plan and Servicing Report, Maidstone Hamlet Secondary Plan, July 2003, Revised September 2003”. This document considered planning and servicing issues and provided for the completion of a preferred concept plan.

(b) Guiding Community Planning Principles

In addition to having regard to the Provincial Policy Statement, a number of broad planning principles and design issues became evident as a result of the public consultation process undertaken with the community. Two key planning principles that arose from the Visioning Sessions are:

that the overall future design of

Maidstone Hamlet should attempt to recognize and preserve the patterns and character revealed in the existing community; and

that key elements and patterns of the existing rural landscape be incorporated into the future design of the hamlet.

These broad principles are to be achieved as development proceeds in the hamlet by incorporating the following key design elements and ensuring the fulfillment and realization of a community vision that applies the following specific principles throughout the hamlet and within individual developments:

Linked Open Space System: The

Pike Creek, the Ontario Hydro corridor, a number of tree lines along with stormwater management requirements provide the opportunity to create more naturalized spaces throughout the hamlet which may serve as the focus of a linked open space system. The Ontario Hydro corridor may service as a the major


east-west open space spine for a trail system linked to the Pike Creek and other open space areas;

Compatible New Development: New development needs to be designed so as to respect and complement the existing hamlet scale, character of buildings, sense of openness and country setting;

Importance of ‘Quality of Life’ and

‘Sense of Place’: An abundance of trees (tree-lined streets and trails), open spaces and uncluttered pedestrian ways greatly influence a community’s appearance, physical character, livability and “feel”. This combined with linked neighbourhoods and a network of streets, sidewalks and multi-purpose trails provide opportunities for exercise, socializing and interaction of citizens and an improved quality of life and sense of place;

Malden Road, an ‘Original Rural

Road’: This road currently links County Road 34 to County Roads 19 and 46 to the north and is characterized by a single tier of deep residential lots along both sides of the majority of its length. A deep ditch is situated close to the paved portion of the road. The existing built form has a strong rural sense, with deep lots and homes set back a significant distance from the road. New traffic resulting from growth in the hamlet shall be directed to a new north-south road system. Malden Road shall remain as a two-lane rural road with open drains, to be used locally and where possible integrated as part of a recreation trail system. Appropriate measures will be undertaken to ensure that “through” traffic, with neither an origin or destination in the hamlet, is discouraged from using Malden Road

and, instead, is directed to County Roads 19, 34 and 46;

Community and Cultural Elements:

Cultural heritage elements and community facilities, including buildings and structures, are incorporated as focal points of the community. Features which help create the unique identity of the hamlet and are part of its social fabric include the church, elementary school, post office and grain silos;

Improved and Properly Identified

Gateways to the hamlet: The road intersections providing points of entry to and means of exit from the community need to be of such a design to ensure safe movement of people and vehicles. Special design treatment and land uses on abutting parcels at key entry points can further identify the community;

Employment: Grain storage and

handling facilities are integral components of the municipality’s agricultural economy. Noise, dust and lighting studies will be required before any residential development on lands takes place to ensure that sensitive uses are properly set back from these facilities and proper subdivision and building design measures are taken to ensure land use compatibility.

(c) Preferred Concept Plan

A preferred conceptual road pattern and land use pattern for Maidstone Hamlet was presented in Discussion Paper No. 2 and is generally incorporated into the Official Plan as Schedules “A-3” and “C-1”. The principle components of the preferred concept plan, which shall be achieved as individual developments are designed, reviewed and approved, are summarized below and are designated


and/or shown conceptually on Schedules “A-3” and “C-1” of the Official Plan. It is noted that in some instances land consolidation and/or mutual cooperation between abutting, developable lands will be required in order properly achieve the following:

i) new municipal parkland totalling

9.71 hectares, including one 4.05 hectare parcel for community parkland adjacent to an existing woodlot and 1.78 hectares strategically located adjacent to existing recreational facilities (Diocese lands and St. Mary School property), along with a number of smaller neighbourhood parks, has been provided for. The 4.05 hectare community park is strategically located adjacent to an existing woodlot. There are opportunities for some areas to be naturalized, or used for tot-lots or provide picnic areas or rest-stations along the trail system. Smaller parkland areas provide the starting point for the multipurpose trail system while also providing a central open space feature in individual neighbourhoods;

ii) open space areas that are linked

by an integrated multipurpose trail system. Approximately 9 kilometres of new trail facilities have been provided for to ensure safe and convenient movement around the hamlet for cyclists and pedestrians while exposing users to a range of open space settings and destinations. The trail is intended to linkage between various residential areas and commercial areas and community facilities. Accordingly, the trails are intended to have a number of potential destinations in addition to providing opportunities for

recreation and social interaction. Sidewalks on local streets will interconnect with the trail system;

iii) Pike Creek, to the greatest extent possible, to remain a natural, undisturbed watercourse, with a 15.24 metre “protective” corridor to either side. Future maintenance of the creek will be achieved from this linear area, which would preferably be of public ownership. Trails are to be integrated along the Pike Creek along with ‘regional’ stormwater management features;

iv) a core of open space features

extending from the northwest to the southeast;

v) use of ‘regional’ type stormwater

management facilities, that also provide a visual amenity and passive recreational opportunities and are an integral component of the multipurpose trail;

vi) provide single-loaded roads at

key locations to provide: benefit to whole community of

open space features; “eyes of community” watching

open space areas; creating focal points/places of

interest and sense of openness throughout the community;

sight lines from intersecting streets opening upon open space, thus defining the character of the community;

vii) establish a highly interconnected

street system (modified grid) with shorter block lengths allowing for a more balanced transportation system that works better for cyclists, pedestrians and the automobile;


viii) on the collector roads, create a more naturally flowing road that is more reminiscent of a hamlet or village setting, with slight curves in the road revealing identifiable features or land markings in the distance;

ix) maintain Malden Road as a

“character road”, such that it’s cross section is not changed as a result of development, rather a new street pattern is created to direct traffic to new north-south collector roads;

x) limit direct, individual access onto

collector road except where no other alternative available. This provides an opportunity for a trail system along the collectors that is not overly encumbered by individual driveways;

xi) close existing 6 corners

intersection and relocate intersection to south to a new, re-aligned Malden Road and North Talbot Road (in Town of Lakeshore) intersection at County Road 19;

xii) provide opportunities for

commercial development (including uses such as retail, office uses, gas station, restaurant) at locations that: have least impact on

residential character/integrity of the community;

create gateway features to the community;

meet the daily needs of the community as well as respond to some of the needs of the traveling public at strategic locations (e.g. intersection of County Roads) which are less suitable for residential-type uses;

are integrated with the trail system for convenience and act as ‘destination’ points on the trail;

xiii) allow single unit development on a lotting pattern that has regard to the existing lotting pattern, such that where existing single tier residential lots exist, new lots abutting will have a minimum depth of 45.72 metres and larger widths (30.48 metre minimum) and completion of the existing lotting pattern (single tier of lots, with direct connection) on Malden Road and Talbot Road to maintain their character of homes “looking upon” the street (exception is south side of Talbot Road, west of the railway);

xiv) majority of residential lots to be single unit with a frontage of 25.90 metres, depth of 36.57 metres, for total area of 947.61 square metres per lot, creating a unique residential character for the hamlet, taking into account existing development pattern;

xv) provide opportunities for reduced

residential lot frontages where adjacent land uses may make the lands less suitable for larger residential lots, for example abutting commercial lands and major transportation corridors (highways and railways) as well as areas that are away from the existing built areas;

xvi) the general pattern of new

residential lots is for larger single unit lots to be abutting existing residential development, gradually moving to a range of smaller single unit residential lots (to a 18.28 metre minimum


frontage) and some more intensive housing forms (semi-detached, townhomes) as one moves towards the outer limits of the hamlet, as generally shown on the preferred concept plan. The foregoing subparagraphs regarding lot sizes provide for a range of lot sizes, housing sizes and housing needs;

xvii) provide deeper single unit

residential lots and/or setbacks abutting features that may require increased separation and other forms of mitigation to address noise, dust, lighting, vibration, and other forms of non-compatible features commonly associated with highways, railways and the existing grain elevator operation. All residential development shall be required to prepare and implement the findings of specific studies to address these issues (scope and extent of buffering/mitigation to be determined at the time of development, based on the recommendations contained in individual studies prepared by qualified professionals and those other studies deemed necessary);

xviii) increased side yards are to be

incorporated to allow greater separation between residential buildings on separate lots (e.g. 2.43 metre side yard for 4.87 metre separation between buildings). A slightly reduced building separation may be considered for 18.28 metre lots.

A break down of the land use components and their areas on the preferred concept plan follows: Land Use Components Existing Land Designated Commercial 5.09 hectares Additional Land to be Designated Commercial 5.42 hectares Diocese Parkland 1.29 hectares St. Mary’s School Parkland 1.29 hectares New Municipal Parkland 10.03 hectares Area of Ontario Hydro Corridor 5.58 hectares Easterly Stormwater Management Land Area 1.82 hectares Westerly Stormwater Management Land Area 1.01 hectares Multipurpose Trail 8.85 kilometres Approximate Total Dwelling Units/Population (based on Discussion Paper No. 2 Concept Plan and Provincial Modifications to OPA 9) 30.48 metre frontage lots 70 dwelling units 25.9 metre frontage lots 450 dwelling units Less than 25.9 metre frontage lots 280 dwelling units Semi-detached and townhome lots 100 dwelling units Total Dwelling Units: 900 dwelling units Assuming an average 3.12 persons per household, the preferred concept plan (taking into account Provincial Modifications to OPA 9 that allow some more intensive housing forms) accommodates an approximate population increase of 2,810 persons. With an existing 2002 population of approximately 500 persons, the total Maidstone Hamlet population at build-out, over a 20 year planning horizon from 2002 to 2022, would be approximately 3,310 persons. Notwithstanding the foregoing, it is recognized that these are estimates and that there may be some variation in the size of lots and types of dwelling units as development proceeds over time and in accordance with the policy direction


established in Section 1.5.6 and 3.14 of this Plan.

Reference should be made to Section 5 of this Plan regarding servicing issues in Maidstone Hamlet.


SECTION 2 GENERAL DEVELOPMENT POLICIES

The policies in this section apply to development proposals in all designations shown on Schedules “A”, “A-1”, “A-2”, “A-3”, “B”, “C”, “C-1” and “D” of this Plan. Many of the policies contained in this section are included at the request of Provincial Ministries and Agencies and are required to reflect current Provincial Policy Statements and/or directions. 2.1 GENERAL New development within the township is generally encouraged within the urban areas as depicted on Schedule “A”. However, adequate safeguards in the form of planning policies and regulations will be maintained to ensure that new uses are developed in harmony with existing uses and that they are properly serviced. 2.2 SITE SUITABILITY Prior to the approval of any development or amendment to this Plan or the zoning by-law, it shall be established to the satisfaction of Council and all other bodies having jurisdiction that:

a) soil and drainage conditions are suitable to permit the proper siting of buildings;

b) the services and utilities, whether they

be municipal or private, can adequately accommodate the proposed development;

c) the road system is adequate to

accommodate projected increases in traffic;

d) the land fronts on a public road which is

of a reasonable standard of construction;

e) adequate measures will be taken to

alleviate or prevent any adverse effects that the proposed use may possibly have upon any existing or proposed adjacent use.

2.3 BUFFERING The township may use site plan control in accordance with Section 6.4 of this Plan to require buffering between uses of land where there may be conflicts such that one use may detract from the enjoyment and functioning of the adjoining use. Such buffering may include landscaping, screening and the separation of uses by extra distance between them. 2.4 DEVELOPMENT ALONG INLAND WATERCOURSES For those inland watercourses and municipal drains where engineered floodlines are not available, the municipality in consultation with the Essex Region Conservation Authority, will incorporate appropriate building setbacks from the top of such watercourses and municipal drains into the zoning by-law. When determining such setbacks, the municipality shall take into consideration the type of development applications for lands adjacent to any watercourse and drain. The municipality, in consultation with the Essex Region Conservation Authority, may request the proponent to establish appropriate floodproofing elevations, and such floodproofing requirements shall be implemented through the zoning by-law and development agreements. 2.5 MINIMUM DISTANCE SEPARATION Because livestock operations and other


types of land uses have compatibility problems if located too closely to one another, the zoning by-law will ensure that a buffer area is maintained between the uses in all designations. To achieve this objective, the location of new and the expansion of existing livestock operations shall comply with the Minimum Distance Separation (MDS) II. To ensure that the Minimum Distance Separation (MDS) is used reciprocally, livestock operations will also be protected from encroachment by residential and other types of uses in the zoning by-law through the use of the Minimum Distance Separation (MDS) I. 2.6 HERITAGE CONSERVATION It is the policy of this Plan to encourage the restoration, protection and maintenance of the township's heritage resources which include buildings and structures, and landscapes of historical and/or architectural value. All new development or redevelopment permitted by the policies and designations of this Plan shall, as far as possible, have regard to heritage resources. It shall be the policy of the township to use all relevant legislation and programs whenever possible to encourage the preservation and enhancement of heritage resources and to develop a greater awareness of the value of heritage conservation in the community. When appropriate and necessary the township will use the provisions of the Ontario Heritage Act to conserve, protect and enhance the township's heritage. The Township may establish a Local Architectural Conservation Advisory Committee (LACAC) pursuant to the Ontario Heritage Act, for the purposes of identifying locally significant heritage resources, designating heritage resources under Parts IV and V of the Ontario Heritage Act, advising the municipality on matters related to heritage conservation, and assisting in the conservation of these resources. The Township recognizes the importance

of its archaeological resources, and in managing them in a responsible manner. Council shall ensure that development on lands containing significant archaeological resources shall avoid the destruction or alteration of these resources. Where this is not possible, significant archaeological resources shall be conserved through removal and documentation in advance of land disturbances, and in accordance with archaeological licensing provisions of the Ontario Heritage Act. 2.7 ENERGY CONSERVATION The township shall promote energy conservation by encouraging developers to implement designs which attempt to minimize energy use. Such techniques as innovative building designs, efficient road patterns, lot layouts and landscaping, all of which can reduce future energy requirements, shall be encouraged. The township shall also encourage involvement in various energy conservation programs. 2.8 ELECTRIC POWER FACILITIES In accordance with Section 62 of the Planning Act, R.S.O. 1990 any electric power facility use of lands, buildings or structures by Ontario Hydro that satisfies the Environmental Assessment Act shall be exempt from the policies of this Plan and the provisions of the township's zoning by-law. However, any executive, administrative and retail use of lands, buildings or structures by Ontario Hydro that is not subject to approval under the Environmental Assessment Act shall comply with the policies of this Plan and the provisions of the zoning by-law. 2.9 OTHER UTILITY FACILITIES i) all existing facilities and the development of

any new facilities associated with a public utility, a telephone, television, cable transmission or other similar


communications company, or a gas distribution or transmission company, shall be permitted in any land use designation except the Agricultural designation without an amendment to this Plan. The utility or company involved should consult the township regarding the location of any and all new facilities. Non-linear facilities not contained totally underground will require an amendment to the zoning by-law. When above ground non-linear facilities are proposed in the Agricultural designation, the need must be documented, as must the reasons why lower capability or marginal land cannot be used. The policies of this Plan do not apply to any facility to be located in a road allowance, regardless of the land use designation;

ii) all buildings and facilities not used directly

for the transmission or reception of an electrical current or signal, a liquid or gas or similar substance, shall comply with the other provisions of this Plan and the zoning by-law.

2.10 INSTITUTIONAL USES Existing schools, churches and community halls associated with churches and all other existing community facilities located outside the Agricultural designation are designated Community Facility in this Plan, and shall be zoned accordingly in the implementing zoning by-law. Existing institutional uses located within the Agricultural designation will be zoned appropriately in the township’s zoning by-law. The development of new institutional uses such as schools and churches shall only be permitted within the Community Facility designation. On those lands designated Agricultural only reasonable expansions to existing institutional uses shall be permitted without an amendment to this Plan. The expansion of existing institutional uses situated within an Agricultural designation shall be subject to the following policies:

a) adequate precautions shall be taken to ensure that the proposed expansion does not have adverse effects on adjacent land uses;

b) adequate parking, vehicular access,

landscaping, tree planting, buffering and site and building design shall be required where necessary to create an attractive appearance and ensure compatibility with surrounding land uses;

c) suitable arrangements will be made

for water supply, sewage disposal, storm drainage and all other similar services.

2.11 MOBILE HOMES Mobile homes shall not be permitted in the township except for the accommodation of seasonal farm labourers. Mobile homes used for this purpose shall specifically be listed as permitted uses in the Agricultural zones. 2.12 WAYSIDE PITS, QUARRIES AND PORTABLE ASPHALT PLANTS Wayside pits and quarries defined as pits and quarries opened and used by a public road authority for the purposes of a particular road construction project shall be permitted, without amendments to this Plan or implementing zoning by-law, except in residential and environmentally significant and sensitive areas. On speciality crop lands and on good agricultural lands (Classes 1 to 3 according to the Canada Land Inventory classification system) wayside pits and quarries may occur, if agricultural rehabilitation of the site is carried out, and substantially the same acreage and average soil capability for agriculture are restored. Portable asphalt plants (with the meaning of such a facility defined at the end of this


subsection), used by a public road authority or their agent, shall be permitted in the Agricultural designation without amendment to this Plan or zoning by-law, subject to the following provisions: i) portable asphalt plants must obtain a

certificate of approval from the Ministry of Environment and Energy;

ii) portable asphalt plants must meet the

MOEE minimum separation distance, but in no case shall they be located closer than 400 metres from an existing residence;

iii) portable asphalt plants must be removed

from the site upon completion of the public project;

iv) sites used for portable asphalt plants in the

agricultural areas, will be rehabilitated back to their former agricultural use.

Portable asphalt plant means a facility: a) with equipment designed to heat and dry

aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process;

b) which is not of permanent construction, but

is designed to be dismantled and moved to another location as required.

2.13 WOODLOTS The Plan recognizes the importance of trees to the long-term viability of agricultural lands due to their moderating effects on temperatures and their controlling influence on soil erosion. To encourage the long-term protection of existing woodlots, the municipality may consider implementing relevant sections of the Forestry Act, the Trees Act, the Woodlands Improvement Act, the Municipal Act and any other relevant legislation.

As part of an ongoing subwatershed study being undertaken with the assistance of the local conservation authority, additional woodlot protection policies may be recommended for inclusion as part of this official plan document. Additional policies regarding woodlot management and protection may be added to this Plan by way of amendment, once the subwatershed study has been completed. 2.14 DEVELOPMENT ALONG RAILWAYS Prior to their approval, applications for Official Plan amendments, zoning by-law amendments, plans of subdivision or condominium or any development that is subject to site plan control on lands that are within 300 metres of a rail right-of-way shall be circulated to the appropriate rail company for comments with regard to the recommended noise, vibration and impact mitigation measures. A study may have to be undertaken to analyse noise and/or vibration and to recommend abatement measures necessary to achieve the noise level limits set by the Ministry of Environment and Energy. Generally, lands within 300 metres of rail rights-of-way are considered noise sensitive areas and lands within 75 metres of rail rights-of-way are considered vibration sensitive areas. All lands abutting rail rights-of-way are considered safety sensitive areas and setbacks, berming, fencing and other measures may be required to the satisfaction of the municipality in consultation with the appropriate rail company. 2.15 DEVELOPMENT ABUTTING PROVINCIAL HIGHWAYS AND COUNTY ROADS In addition to all other municipal requirements, all development adjacent to provincial highways and county roads is also subject to the requirements and permits of the Ministry of Transportation and the County of Essex. In areas adjacent to these traffic arteries, a study, prepared to the satisfaction of


the Township, may be needed to analyze noise and to recommend noise abatement measures necessary to achieve noise level limits set by the Ministry of Environment. 2.16 DEVELOPMENT NEAR WINDSOR AIRPORT Noise Exposure Forecast (NEF) contours as defined by Transport Canada are as shown on Schedule “D” to this Plan. To protect airports from incompatible development:

i) New residential development and other sensitive land uses will not be permitted in areas near airports above 30 NEF/NEP, as depicted on Schedule “D”;

ii) Redevelopment of existing residential

uses and other sensitive land uses or infilling of residential and other sensitive land uses may be considered above the 30 NEF/NEP if it has been demonstrated that there will be no negative impacts on the long-term function of the airport.

New development will also have to comply with any height limitations imposed by the Minister of Transport by Order-in-Council. The geographic areas affected by the Windsor Airport height regulations will be shown in the township’s implementing zoning by-law. 2.17 DEVELOPMENT NEAR FORMER WASTE DISPOSAL SITES Schedules ‘A’, ‘A-1', ‘A-2', and ‘A-3' identify the location of all known active or former waste disposal sites (as of date of approval of this Plan) within the Township of Sandwich South and/or in adjoining municipalities within 500 metres of the Township of Sandwich South. Proponents of development, within 500 metres of an existing or closed waste disposal site, shall prepare a report, to the satisfaction of the Township, in accordance with the Ministry of

Environment guidelines, that demonstrates that there is no evidence of leachate, methane gas migration or other contaminants present in the soils or groundwater. Development will be restricted if the active or former waste disposal site has any adverse environmental effects or risk to public health and safety. Where development is located or proposed on a waste disposal site, no official plan amendment, zoning by-law amendment, or building permit will be adopted or granted until approval from the Ministry of Environment is obtained in accordance with the Environmental Protection Act. 2.18 ONTARIO HYDRO RIGHT-OF-WAY Within the urban designated areas of the township, the Ontario Hydro right-of-way is depicted on Schedules “A-1" and “A-3" of this Plan, and is designated Ontario Hydro Right-of-Way. This right-of-way is under the jurisdiction of Ontario Hydro. Accordingly, these lands shall only be used for transmission lines, pipelines, and recreational uses that do not conflict with the use of this corridor for transmission line purposes. Permitted recreational uses within this corridor (such as walking trails, bicycle paths, and other parkland uses) will only be allowed once written approvals have been obtained from both Ontario Hydro and the township. 2.19 SEWAGE TREATMENT PLANTS It is the intent of Council to utilize appropriate setback, buffering and mitigation techniques to maximize compatibility between sewage treatment plants and adjacent land uses as identified on Schedule ‘A’ of the Plan. The buffer separation distances outlined in the Ministry of Environment publication entitled “Compatibility between Sewage Treatment and Sensitive Land Use July 1995, or its successor, will be used as a guide.


2.20 RE-USE OF POTENTIALLY CONTAMINATED SITES (i) Potentially contaminated sites include

lands where contaminants may be present due to previous industrial, transportation, utility or similar uses. Sources of site contamination can include disposal of waste materials, raw material storage, residues left in containers, maintenance activities and spills. Some commercial uses such as gasoline stations and automotive repair garages have a similar potential.

(ii) Where there is evidence that development

is being proposed on lands that may be contaminated, Council shall require that a soil study be prepared, in accordance with Provincial guidelines for the decommissioning and clean up of the contaminated site, and submitted along with the development application.

(iii) Residential development and/or uses will

not be permitted until the site has been restored in accordance with provincial guidelines and legislation.

(iv) Development of any contaminated site

shall not be permitted until the site is decommissioned or cleaned up, to the satisfaction of the municipality, and subject to the submission to the municipality of a Ministry of Environment acknowledged Record of Site Condition.

2.21 EXCEPTIONS 2.21.1 In addition to all other policies of the

Official Plan, the lands located on the south side of Highway No. 3 between Outer Drive and Walker Road, being part of S.T.R. Concession F.L. 304, and as identified on Schedule “A” to Amendment No. 1 to the Official Plan for the Township of Sandwich South, shall be subject to the following policies:

i) Within the Community Facility designation, identified on the Land Use Schedules of the Plan, the following policies shall apply:

a) the permitted uses shall include

schools, places of worship, community centres, cemeteries, private clubs, places of assembly, libraries and other buildings and facilities used by the township, the county and other levels of government;

b) wherever possible, schools

should be considered and used as multi-purpose facilities, and should be available for use by the surrounding neighbourhood for leisure, recreational, educational and other community sponsored events and activities;

c) joint use agreements may be

used by the township, where deemed appropriate to maximize the benefits associated with shared facilities and services owned by other public agencies, boards, non-profit organizations or clubs, and operated and maintained for the enjoyment and well being of the community at large;

d) wherever possible, new school

sites should be located adjacent to park sites to enable a sharing or joint-use of facilities and programs;

e) adequate precautions shall be

taken to ensure that the community facility uses do not have adverse impacts on adjacent land uses;

f) all development in the

Community Facility designation


shall be in accordance with the land division policies contained in Section 4 of this Plan;

g) new community facility

development may be subject to site plan control pursuant to Section 41 of the Planning Act.


SECTION 3 LAND USE PLAN

This section contains the goals and policies that pertain to the various land use designations and the Flood Plain Development Control Area depicted on Schedules "A", "A-1", "A-2", "A-3" and "B" of this Plan. 3.1 AGRICULTURAL The Agricultural designation is shown on Schedule "A" of this Plan. 3.1.1 Goals

The following goals are established for the Agricultural area: i) to preserve good agriculture land

for agricultural purposes, and to encourage and support farm practices and agricultural land uses which are sustainable over the long-term;

ii) to allow farm operators to engage

in a wide range of agricultural activities;

iii) to not allow new intrusions of non-

farm development into the agricultural area.

3.1.2 Policies

The following policies shall apply to those lands designated "Agricultural" on the Land Use Schedules of this Plan:

i) the predominant use of land shall be

agricultural and agriculturally related uses, including the growing of crops and the raising of livestock, forestry and conservation uses;

ii) mushroom operations including the

growing, harvesting, cleaning, packaging, and shipping of mushrooms and any other uses

related to mushroom production are also permitted in the Agricultural designation but require an amendment to the zoning by-law and are subject to site plan control. When an application for a by-law amendment to allow a mushroom operation is made, Council shall have due regard to the following:

a) the proximity of the proposed

operation to existing residential uses and zones;

b) the location of the proposed

operation and other existing uses with respect to the prevailing winds;

c) comments and

recommendations of the Ministry of Agriculture and Food and the Ministry of Environment and Energy;

d) the criteria listed in

subsection 6.17 of this Plan;

iii) livestock intensive agricultural uses, as defined in the zoning by-law, are permitted in the Agricultural designation without an amendment to the zoning by-law provided the proposed location is in compliance with the Minimum Distance Separation (MDS) II;

iv) tree farms and retail nursery outlets

are permitted in the agricultural designation without an amendment to the zoning by-law provided that all goods and materials for sale are grown or produced on site. Those establishments that have goods produced off site will require an amendment to the township's zoning by-law to place the subject property in an agricultural defined area that specifically outlines the type of facility that can be established;


v) existing residential uses and new agriculturally related residential uses shall also be permitted. The zoning by-law shall only permit one residence per lot (lot as defined in the zoning by-law). However, more than one residence on a lot for the purposes of housing farm help may be allowed once the need for such housing has been adequately demonstrated in terms of the following: the farm helps' working activity is primarily, but not necessarily exclusively, devoted to the farm operation; and the farm operation requires the help to be accommodated close to the farm. This additional residence should use the same access as the principal residence, be located within the cluster of farm buildings and will not be eligible for severance in the future;

vi) farm occupations and home

occupations which are ancillary to the principal use of the property and which are carried out for remuneration and as defined in the zoning by-law are permitted in the Agricultural designation. However, the implementing zoning by-law shall establish those farm and home occupations that will be permitted without an amendment to the by-law and those that will require a site specific amendment to the by-law to be permitted in a defined area.

In general, farm occupations that are clearly required to be located in the Agricultural area and provide a service to the agricultural community primarily, such as a tile drainage contractor or a seed corn dealership, will be permitted without a by-law amendment. All other types of farm occupations that are carried out for remuneration such as welding shops, repair shops, etc. will require a site

specific by-law amendment.

Home occupations that are totally contained within the dwelling unit, including attached garages, will be permitted without an amendment to the by-law. However, any home occupation that requires the use of anything other than the dwelling, except for parking, will require a by-law amendment.

The municipality may decide to require a business licence for all farm and home occupations. If such a by-law is passed in accordance with the Municipal Act, the provisions of the business licence must be adhered to. Applications to sever farm or home occupations from the balance of the subject property shall not be allowed;

vii) the exploration, drilling for and

production of petroleum, natural gas or other similar materials shall be permitted in the Agricultural designation and shall be a permitted use in the Agricultural zones of the zoning by-law provided the exploration, drilling and production is in accordance with the Petroleum Resources Act. In addition, plugging of abandoned oil and natural gas wells and the storage of oil and natural gas will be done in accordance with the Petroleum Resources Act. At the same time, well operators shall ensure that:

a) salt water, drilling fluid, oil refuse

and any flammable products from a well are not handled or disposed of so as to create a hazard to public health or contaminate any fresh water horizons;

b) waste of oil field brine must not

be disposed of underground without the approval of the


Ministry of Natural Resources;

c) collection, storage and surface disposal of oil field brine shall be in accordance with the water quality standards of the Ministry of Environment and Energy regarding water quality, where applicable;

d) the operation of wells shall not

exceed the noise and vibration pollution standards of the Ministry of Environment and Energy;

viii) all development in the Agricultural

designation shall be in accordance with the land division policies contained in Section 4 of this Plan.

ix) existing outdoor recreational uses

such as golf courses and campgrounds shall be permitted in the Agricultural designation. Expansions to existing outdoor recreational uses and new uses will require an amendment to this Plan to the Recreational designation, an amendment to the zoning by-law and may be subject to site plan control. When considering a new outdoor recreational use and/or the expansion of an existing recreational use, Council shall have regard to the following:

i) the need for the proposed use;

ii) the choice of location for the

proposed use;

iii) that alternative locations either in designated settlement areas or on poor capability soils are not available;

iv) that the proposed site meets the MDS requirements; and

v) the impact on adjacent agricultural

operations.

x) recreational and commercial uses not directly related and accessory to a permitted agricultural use shall not be allowed within the Agricultural designation.

3.2 LOW DENSITY RESIDENTIAL The Low Density Residential designation is shown on Schedule "A-1" of this Plan. 3.2.1 Goals

The following goals are established for the Low Density Residential area:

i) to encourage the provision of an

adequate supply of new residential building lots to meet the anticipated demand for additional housing units over the next 20 years. To accomplish this, the township will attempt to have a three year supply of residential lots in either draft or final approved plans of subdivision and a ten year supply of land designated for residential development available at all times;

ii) to encourage the development of a

greater variety of housing types in the township to meet the future housing needs of all households, and to meet the provincial housing objectives as set out in the Cabinet approved Provincial Policy Statement;

iii) to ensure that new residential

development occurs in a manner in keeping with the capacity of the services available and the financial capability of the municipality;

iv) to encourage the infilling and

rounding out of the existing development pattern in urban areas of the township where a full range of municipal infrastructure (including a piped sanitary sewer system), community facilities, and


goods and services can be provided in a cost-effective and environmentally sound manner.

3.2.2 Policies

The following policies shall apply to those lands designated "Low Density Residential" on the Land Use Schedules of this Plan:

i) the predominant use of lands

designated Low Density Residential shall be for single-unit dwellings, including both detached and attached dwelling units, at a density that does not exceed 18 units per gross hectare. Gross hectare of land includes lands to be used for residential building lots and the associated road allowances, but excludes lands to be used for open space, commercial and other non-residential purposes;

ii) group homes shall also be permitted in

accordance with the policies in subparagraph vii) of this subsection;

iii) home occupations may be permitted,

provided they do not alter the residential character and amenity of the area;

iv) day care centres may also be permitted

within the Low Density Residential designation;

v) on those lands designated Low Density

Residential, and situated within the Tecumseh Hamlet as it existed on March of 1997, new residential development on remaining vacant parcels of land shall be similar in nature to the existing housing on the abutting streets in terms of lot size, density and housing type. All new lots created on these parcels of land shall have a minimum lot area of 929 square metres and should, wherever possible, have a minimum lot frontage of 22.8 metres. Where the 22.8 metre lot frontage requirement cannot be met, up to a 20

percent deviation may be permitted provided the minimum lot area of 929 square metres is adhered to. There shall be substantial justification provided to Council for any deviation permitted;

vi) the creation of new lots for residential

purposes will primarily occur by plan of subdivision. However, consents for residential lots will be permitted in accordance with the policies contained in Section 4 of this Plan;

vii) for the purposes of this Plan, group

homes are defined as a single housekeeping unit in a residential dwelling in which three to ten residents, (excluding staff) live as a unit under responsible supervision consistent with the requirements of its residents. Such homes shall be licensed or approved under provincial statute and in compliance with all municipal by-laws. Existing facilities that do not comply with the requirements of the zoning by-law will be allowed to continue but will not be permitted to expand without a minor variance or by-law amendment;

viii) some of the undeveloped lands that are

designated Low Density Residential and have servicing constraints, shall be placed in a holding zone in the implementing zoning by-law. The holding symbol will be removed when appropriate sewage, water and any other necessary infrastructure is available to the satisfaction of the township and the Ministry of Environment and Energy and a plan of subdivision is approved, where required. Existing uses and agricultural uses shall be permitted in the interim;

ix) it is the intent of this Plan to avoid intrusions of commercial activities into the residential areas. Therefore, new commercial uses, with the exception of day care centres, shall not be permitted in the Low Density Residential designation.


3.3 MEDIUM DENSITY RESIDENTIAL The Medium Density Residential designation is shown on Schedule "A-1" of this Plan. 3.3.1 Goals

The following goals are established for the Medium Density Residential area:

i) to encourage the development of a

greater variety of housing types, tenures, and prices in the township to meet the future housing needs of all households, including households with low and moderate income levels, and to meet the provincial housing objectives as set out in the Cabinet approved Provincial Policy Statement;

ii) to support both public and private

sector residential development plans which are innovative in nature, exhibit a high standard of architectural and site design, and satisfy evolving market needs;

iii) to facilitate the provision of affordable

housing within the township, in keeping with the requirements prescribed by the Cabinet approved Provincial Policy Statement, and to promote and support new housing forms that will meet the needs of households with special needs.

3.3.2 Policies

The following policies shall apply to those lands designated "Medium Density Residential" on the Land Use Schedules of this Plan:

i) the predominant use of lands

designated Medium Density Residential shall be for townhouse, low-rise apartment buildings, and other multi-unit dwelling types, at a

density that does not exceed 30 units per gross hectare of land. Gross hectare of land includes lands to be used for residential building lots and the associated road allowances, but excludes lands to be used for open space, commercial and other non-residential purposes;

ii) nursing homes, rest homes and

retirement homes may also be permitted, provided they do not exceed three stories in height;

iii) day care centres may also be

permitted within the Medium Density Residential designation;

iv) group homes shall also be permitted

in accordance with the policies in subsection 3.2.2(vii) of this Plan;

v) home occupations may be permitted,


vi) the creation of new lots for

residential purposes will primarily occur by plan of subdivision. However, consents for residential lots will be permitted in accordance with the policies contained in Section 4 of this Plan;

vii) the township will encourage the

provision of sufficient residential land in order to satisfy future housing needs in terms of type, tenure, size, location and cost, taking into account household size and income in accordance with the Provincial Policy Statement, and will provide for a wide range and mix of housing types;

viii) some of the undeveloped lands that

are designated Medium Density Residential, and have servicing constraints, shall be placed in a holding zone in the implementing


zoning by-law. The holding symbol will be removed when appropriate sewage, water and any other necessary municipal infrastructure is available to the satisfaction of the township and the Ministry of Environment and Energy and a plan of subdivision is approved, where required. Existing uses and agricultural uses shall be permitted in the interim;

ix) it is the intent of this Plan to avoid

intrusions of commercial activities into the residential areas. Therefore, new commercial uses, with the exception of day care centres, shall not be permitted in the Medium Density Residential designation;

3.4 HAMLET RESIDENTIAL The Hamlet Residential designation is shown on Schedules "A-2" and "A-3" of this Plan. 3.4.1 Goals

The following goals are established for the Hamlet Residential area:

i) to recognize the existing residential

development and to encourage new residential development within these defined growth areas;

ii) to allow for the completion of the

existing development pattern in the designated Hamlet Residential areas;

iii) to ensure that all new residential

lots located within the Hamlet Residential designation have adequate lot frontages and lot areas to satisfy the environmental standards prescribed by the township and the Ministry of Environment and Energy;

iv) to ensure that new development occurs in a manner in keeping with the standard of the existing residential development in the area.

3.4.2 Policies

The following policies shall apply to those lands designated "Hamlet Residential" on the Land Use Schedules of this Plan:

i) residential development shall be

restricted to single-unit detached dwellings;

ii) group homes shall also be permitted

in accordance with the policies in subsection 3.2.2(vii) of this Plan;

iii) home occupations may be permitted,


iv) the creation of new lots for residential

purposes will occur by plan of subdivision or consent in accordance with the policies contained in Section 4 of this Plan;

v) new residential development will only

be allowed on lots with a minimum lot area of 0.5 hectares;

vi) it is the intent of this Plan to avoid

intrusions of commercial activities into the residential areas. Therefore, new commercial uses shall not be permitted in the Hamlet Residential designation.

3.5 NEIGHBOURHOOD COMMERCIAL The Neighbourhood Commercial designation is shown on Schedule "A-1" of this Plan. 3.5.1 Goal


The following goal is established for the Neighbourhood Commercial area:

i) to ensure that the local retail and

service commercial needs of the residents of the township are met at locations which are convenient and possess the necessary locational characteristics for such uses, without adversely impacting the surrounding residential neighbourhood they are intended to serve.

3.5.2 Policies

The following policies shall apply to those lands which are designated "Neighbourhood Commercial" on the Land Use Schedules of this Plan:

i) the uses permitted shall be limited to

those commercial uses which provide for the sale of goods and services to meet the daily needs of the surrounding community in foods, drugs, sundries and personal services and may also include eating establishments, video rental establishments, offices, financial institutions, laundry and dry cleaning establishments, gas bars, service stations and other similar uses;

ii) the development of Neighbourhood

Commercial areas may take place in the form of a small shopping centre owned and operated as a unit, or as

one or more free-standing buildings;

iii) adequate parking facilities shall

be provided for all permitted uses and access points to such parking shall be limited in number and designed in a manner that will minimize the danger to both vehicular and pedestrian traffic.

iv) adequate buffering shall be

provided between the commercial

use and any adjacent residential areas and such buffer area may include provision of grass strips and appropriate planting of trees and shrubs;

v) the Neighbourhood Commercial

uses shall be sited so as to minimize their effect on adjacent residential uses;

vi) the building or buildings

containing the Neighbourhood Commercial uses and any lighting or signs shall be designed and arranged so as to blend in with the character of the adjacent residential uses;

vii) no open storage of goods or materials shall be permitted;

viii) the Neighbourhood Commercial

uses shall be included in a separate zoning classification in the comprehensive zoning by-law;

ix) new development may be subject

to site plan control pursuant to Section 41 of the Planning Act, R.S.O. 1990;

x) all development in the

Neighbourhood Commercial designation shall be in accordance with the land division policies contained in Section 4 of this Plan.

xi) A grain elevator operation

currently located on the north side of Talbot Road, west of Malden Road is provided for within this designation and the existing and future operations of this facility shall be provided for in the Zoning By-law by either maintaining the facility’s existing zoning or creating an exception to


the “Neighbourhood Commercial” Zone to provide for: a) a commercial grain handling

storage facility; b) a grain drying and processing

operation; c) accessory buildings or uses;

and d) accessory wholesale and

retail uses related to the permitted grain handling, storage, drying and processing operation.

New development on this property for commercial uses unrelated to the foregoing grain operation shall be permitted in accordance with subparagraphs i) to x) of Subsection 3.5.2 of this Plan.

3.6 GENERAL COMMERCIAL The General Commercial designation is shown on Schedules “A-1", “A-2" and “A-3" of this Plan. 3.6.1 Goals

The following goals are established for the General Commercial area:

i) to strengthen and enhance the

township’s existing economic base by recognizing existing commercial districts and by allowing for their continued development and redevelopment;

ii) to ensure that suitable sites are

available within the designated urban areas to accommodate a full range of commercial goods and services to meet the needs of the surrounding neighbourhoods, the community at large, and the travelling public;

iii) to recognize that commercial areas are

dynamic in nature, and must be able to evolve, adapt and redevelop as market conditions, consumer needs and preferences, and retail trends change over time, and to provide a corresponding policy environment which will permit these changes to occur in a manner which is beneficial to township ratepayers.

3.6.2 Policies

The following policies shall apply to those lands designated "General Commercial" on the Land Use Schedules of this Plan:

i) the permitted uses shall include all

types of retail, office and service commercial uses, places of entertainment, assembly halls, eating establishments, recreational commercial uses, clinics, funeral homes, financial service establishments, automobile sales and service establishments, gas bars, service stations, hotels, motels, laundry and dry cleaning establishments, and other similar commercial businesses that serve the needs of township residents;

ii) all new uses locating within this

designation will be required to conform to high performance standards relating to parking, loading, lighting, landscaping, buffering and control over outside storage as set out in the implementing zoning by-law and site plan control agreements;

iii) commercial developments and redevelopments may be subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O. 1990;

iv) all development in the General

Commercial designation shall be in accordance with the land division policies contained in Section 4 of this Plan.

v) Notwithstanding any other policy of


this Plan to the contrary, the lands located immediately northwest of the Lesperance Road and Westlake Drive intersection, being Part of Lot 151, Concession II, and having a frontage of 43.73 metres on Lesperance Road and a total lot area of 0.23 hectares, and designated “General Commercial” on Schedule “A-1" of this Plan shall be subject to the following policies:

a) the permitted uses shall be

restricted to a parking lot providing parking for the commercial use on the lands to the immediate north, along with associated landscaping and site design details only. The parking lot shall be designed such that it is fully interconnected and integrated with the parking lot and commercial development on the abutting lands to the north. No driveway shall be permitted interconnecting the parking lot with Westlake Drive to the south. The subject property shall be under the same ownership as the abutting lands to the north and further shall be added to the abutting lands to the north such that they form one, contiguous property;

b) in addition to interconnecting with

the parking lot and commercial development on the abutting lands to the north, the existing commercial driveway connecting the abutting commercial development to the north with Lesperance road shall be improved in accordance with the provisions of a site plan control agreement to be executed between the Owner and the Town;

c) all development on the subject

property shall be subject to site plan control in accordance with Section 41 of the Planning Act, R.S.O. 1990. In addition to the items noted in subparagraph b) above, appropriate design standards shall be required to be provided in order to achieve a development that appropriately integrates and is compatible with surrounding uses, including the provision of a landscape drawing prepared by a qualified Landscape Architect that provides for the necessary landscaping on-site to ensure compatibility and adequate screening for adjacent residential land uses. In addition, the site plan agreement shall require, for road widening purposes and at no expense to the Town, a 3 metres dedication of land along the north side of Westlake Drive and a 5 metre by 5 metre dedication of land at the intersection of Lesperance Road and Westlake Drive;

d) the property shall be zoned in a

site specific commercial zone establishing the restricted uses to be permitted in accordance with subparagraph a) above along with zone provisions regarding the setback of the parking lot from lot lines, including an increased setback from the lot line to the west to ensure an adequate separation of the parking lot from the residential use to the west and sufficient area for landscaping.

vi) Notwithstanding any other policy of this

Plan to the contrary, a custom automobile restoration/body repair facility and a contractor’s yard with associated indoor/outdoor storage is also permitted on the 1.2 hectare (3.0 acre) parcel of


land situated on the east side of Oldcastle Side Road (5550 Oldcastle Side Road), approximately 200 metres south of its intersection with Highway No. 3.

3.7 BUSINESS PARK The Business Park designation is shown on Schedules "A-1" and “A-2" of this Plan. 3.7.1 Goals

The following goals are established for the Business Park area:

i) to encourage the development of

integrated, multi-use business park areas that provide the opportunity for individuals and corporations to undertake a broad range of commercial and light manufacturing activities;

ii) to promote a high standard of design

which will create an aesthetically pleasing and functional environment for both employees and visitors;

iii) to establish an orderly and

coordinated vehicular and pedestrian circulation system;

iv) to encourage a development pattern

that reflects modern subdivision and engineering practices, and does not place an undue financial burden on the municipality to provide the necessary municipal infrastructure and services.

3.7.2 Policies

The following policies shall apply to those lands designated "Business Park" on the Land Use Schedules of this Plan:

i) lands designated “Business Park”

shall be used for a range of light industrial uses including

manufacturing, assembling, processing, fabricating, repairing, warehousing and wholesaling. All permitted light industrial uses shall meet the requirements of and, where necessary, obtain the approval of the Ministry of Environment and Energy with respect to any and all emissions to the environment (including waste water, odours, noise, dust, vibrations, etc.);

ii) other permitted uses include public

and private sports facilities, exhibition halls, transportation depots, offices, financial institutions, retail and wholesale establishments, retail warehousing and discount merchandising outlets, and other retail activities that are space-extensive and normally locate outside of conventional shopping centres and require easy access to the arterial road network;

iii) automobile sales and service

establishments and service commercial uses such as restaurants, gas bars and retail convenience stores are also permitted;

iv) notwithstanding any other policies in

this plan, unless specifically zoned in the implementing zoning by-law, the following uses shall not be permitted in the “Business Park” designation: waste processing, disposal and storage including transfer stations, recycling centres, packing and bailing sites, and liquid and hazardous waste processing and disposal facilities;

v) it is the intent of Council to utilize

appropriate setback, buffering and mitigation techniques to maximize compatibility between new light industrial uses and nearby sensitive land uses such as existing and


future residential areas. The Ministry of Environment’s July 1995 guideline entitled “Compatibility Between Industrial Facilities and Sensitive Land Uses” or its successor, will be used as a guide.

3.8 HAMLET DEVELOPMENT The Hamlet Development designation is shown on Schedules "A-1", “A-2", and “A-3" of this Plan. 3.8.1 Goals

The following goals are established for the Hamlet Development area:

i) to allow the hamlets of Oldcastle,

Tecumseh, and Maidstone to maintain and strengthen their community identity within the township and the surrounding region;

ii) to continue to provide locations for

additional residential, commercial, recreational and other urban land uses within areas of the township where full municipal services (including piped public sanitary sewerage collection and water distribution systems) are currently available, or alternatively where such services are intended to be provided during the life of this Plan;

iii) to assist with the preparation of

environmentally and fiscally sound municipal servicing strategies and implementation plans for all designated settlement areas by delineating the full extent of future urban service areas.

3.8.2 Policies

The following policies shall apply to those lands designated "Hamlet Development" on the Land Use Schedules of this Plan:

i) areas designated Hamlet Development represent lands which from a physical, environmental, social and economic point of view are suitable for various types of urban development. It is the intent of this Plan that a broad range of urban land uses be permitted within this designation, including new residential subdivisions, community facilities, recreational uses, and commercial and light manufacturing uses.

To ensure that future urban development within the Hamlet Development designation takes place in an orderly manner, within the means of the township to provide all the required infrastructure and services, Council will only permit new development within this designation in accordance with the following policies:

a) new development will require an

amendment to the township’s Official Plan and comprehensive zoning by-law, and will have to:

i) be serviced with a piped

municipal sanitary sewerage collection and treatment system, and a water distribution system, which meets all applicable provincial regulations and standards and is approved by the Ministry of Environment and Energy;

ii) where deemed necessary

by Council, due to the nature and scale of the new development being proposed, be accompanied by a detailed development plan for the lands affected and the abutting lands to ensure


that transportation, land use, servicing, and other relevant issues are properly addressed;

ii) agricultural uses as set out

in subsection 3.1 of this Plan, with the exception of livestock intensive agricultural uses and mushroom operations, shall be permitted within the Hamlet Development designation;

iii) the implementing zoning

by-law shall zone all developed land parcels in the Hamlet Development designation according to their existing use. All undeveloped land parcels will be placed in an agricultural zone which does not permit intensive livestock operations or mushroom farms;

iv) it is the intent of Council to

utilize appropriate setback, buffering and mitigation techniques to maximize compatibility between new light industrial uses and nearby sensitive land uses such as existing and future residential areas. The Ministry of Environment’s July 1995 guideline entitled “Compatibility Between Industrial Facilities and Sensitive Land Uses” or its successor, will be used as a guide.

3.9 COMMUNITY FACILITY The Community Facility designation is

shown on Schedules "A-1", “A-2" and “A-3" of this Plan. 3.9.1 Goals

The following goals are established for the Community Facility area:

i) to facilitate and support public and

private sector projects and programs that will expand the range of facilities and community services that are available for use by township residents;

ii) to encourage and support school board

and parent initiatives that will ensure that adequate educational facilities are available to meet the needs of existing and future township ratepayers;

iii) to ensure that community facility uses

are situated in areas of the township which are suitable for their intended use, and minimize land use conflicts with other uses.

3.9.2 Policies

The following policies shall apply to those lands designated "Community Facility” on the Land Use Schedules of this Plan:

i) the permitted uses shall include schools,

places of worship, community centres, cemeteries, private clubs, places of assembly, libraries, and other buildings and facilities used by the township, the county and other levels of government;

ii) wherever possible, schools should be

considered and used as multi-purpose facilities, and should be available for use by the surrounding neighbourhood for leisure, recreational, educational, and other community sponsored events and activities;

iii) joint use agreements may be used by

the township, where deemed appropriate to maximize the benefits


associated with shared facilities and services owned by other public agencies, boards, non-profit organizations or clubs, and operated and maintained for the enjoyment and well being of the community at large;

iv) wherever possible, new school sites

should be located adjacent to park sites to enable a sharing or joint-use of facilities and programs;

v) adequate precautions shall be taken

to ensure that the community facility uses do not have adverse impacts on adjacent land uses;

vi) all development in the Community

Facility designation shall be in accordance with the land division policies contained in Section 4 of this Plan;

vii) new community facility development

may be subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O. 1990.

viii) notwithstanding any other policy of

this Plan to the contrary, the lands located on the east side of Banwell Road, commencing approximately 121 metres north of the intersection of Banwell Road and County Road 42, being Part of Lots 144, 145 and 146, Concession III, and having an approximate lot area of 12.1 hectares, and designated “Community Facility” on Schedule “A-1” of this Plan, shall be subject to the following additional policies:

a) main buildings shall be oriented

toward Shields Avenue and reduced yard setbacks shall be permitted within the implementing Zoning By-law as a means to create an improved and better defined public realm and a more

pedestrian-friendly built form; b) a buffer area, within which no

buildings or structures or human occupancy are permitted, shall be established on the subject lands within a 46 metre radius of the rear lot line of the abutting property located at 11684 County Road 42 upon which is located a wholesale and retail fireworks establishment subject to licensing from Natural Resources Canada. The implementing Zoning By-law shall zone the buffer land accordingly. The corresponding site plan control agreement shall establish that this buffer area shall be enclosed by a barrier fence with a minimum height of 1.8 metres. Notwithstanding this requirement for a buffer area, alternative mitigation measures between the subject lands and the wholesale and retail fireworks establishment at 11684 County Road 42 may be implemented and the buffer area rezoned to permit buildings, structures and uses permitted by the Community Facility designation subject to the approval of Natural Resources Canada and the Town. If the abutting wholesale and retail fireworks establishment ceases to operate from its current location, the foregoing buffer area would no longer be required and the Zoning By-law may be amended accordingly.

3.10 RECREATIONAL The Recreational designation is shown on Schedules "A-1", and “A-2" of this Plan. 3.10.1 Goals

The following goals are established for the Recreational area:


i) to ensure that the township maintains an adequate supply of parks, open space and recreational facilities to meet the needs of its residents;

ii) to ensure that recreational uses are

located in suitable locations so as to maximize their accessibility to area residents and minimize their conflicts with other uses.

3.10.2 Policies

The following policies shall apply to those lands designated "Recreational" on the Land Use Schedules of this Plan:

i) the permitted uses shall include indoor

and outdoor, public and private recreational uses such as parks, playgrounds, golf courses, arenas and clubs. Wherever possible, recreational uses serving the community at large should be part of a multi-use, larger, more visible and adaptable facility and/or site;

ii) it shall be the policy of Council to

acquire additional parkland, as funds are available, in order to generally maintain a standard of 4 hectares of parkland per 1,000 population. Of this 4 hectare standard, Council will attempt to allot 20 percent for neighbourhood parks, 30 percent for community parks and 50 percent for passive open space. For the purpose of achieving this standard, the areas designated Natural Environment in this Plan shall be included in the passive open space calculation;

iii) wherever possible, new neighbourhood

parks should be sited adjacent to elementary school sites or other complementary land uses to encourage a sharing or joint-use of facilities and programs;

iv) Council supports the reuse of

abandoned railway right-of-ways for recreational uses, such as walking, cycling and other physical and leisure activities that do not include motorized vehicles. The permitted uses within these corridor areas shall include public and private recreational uses, in keeping with the Essex Region Conservation Authority approved management plan. Existing Major Utility Corridors and Multi-Purpose Linear Corridors as shown on Schedules “A-1" and “A-3" of this Plan should also be considered for these types of recreational uses;

v) new recreational development may be

subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O. 1990;

vi) all development in the Recreational

designation shall be in accordance with the land division policies contained in Section 4 of this Plan.

3.11 NATURAL ENVIRONMENT The Natural Environment designation is shown on Schedules “A” and “A-1" of this Plan. 3.11.1 Goals

The following goals are established for the Natural Environment area:

i) to ensure that the township preserves,

protects and enhances the remaining natural areas for ecological and/or passive open space purposes;

ii) to encourage and support landowners

who wish to maintain or improve the natural character of their land and surrounding properties;

iii) to direct intensive urban development

away from the Natural Environment areas to the greatest degree possible;


iv) to create and protect important linkages and corridors, as part of a linked open space “greenway” system and a natural heritage framework.

3.11.2 Policies

The following policies shall apply to those lands designated "Natural Environment" on the Land Use Schedules of this Plan:

i) the permitted uses shall include passive

recreational, wildlife management, and conservation uses;

ii) utility corridors and inland watercourses

should be utilized as physical linkages between remaining natural heritage sites, and should be enhanced and maintained as wildlife habitat areas and/or recreational trails, bikeways and walkways;

iii) as part of an ongoing subwatershed

study being undertaken with the assistance of the local conservation authority, additional natural heritage protection policies may be recommended for inclusion as part of this official plan document. Additional policies regarding Natural Heritage Area management and protection may be added to this Plan by way of amendment, once the subwatershed study has been completed.

3.12 FLOODPLAIN DEVELOPMENT CONTROL AREA The lands identified as Floodplain Development Control Area on Schedule "B" of this Plan are subject to flooding under regulatory flooding conditions (1:100 Year or maximum observed) and are subject to Ontario Regulation 730/82, as amended, the Fill and Construction Regulations of the Essex Region Conservation Authority. The location of private sewage systems shall not be permitted within the lands

subject to flooding. Under the two-zone approach to floodplain management, Council shall, to the satisfaction of the Essex Region Conservation Authority, identify the floodway (that area subject to deeper, faster flows, which acts as the channel in times of flooding), as an area where development other than buildings or structures required for flood or erosion control is prohibited. It has been determined that a setback of generally 8 metres plus the depth of the watercourse or municipal drain, to a maximum of 15 metres from the top of bank shall constitute the Floodway area for the majority of watercourses. Development on those lands within the Floodplain Development Control Area but outside the Floodway shall only be permitted if:

i) floodproofing is provided to the regulatory flood elevation to the satisfaction of the Essex Region Conservation Authority. This area is subject to the Fill and Construction Regulations of the Essex Region Conservation Authority and as such a permit allowing construction and/or the placement of fill is required from the Authority;

ii) all development must be in accordance

with the underlying land use designations.

3.13 HIGHWAY SERVICE CENTRE The Highway Service Centre designation is shown on Schedule “A” of this Plan. 3.13.1 Goals

The following goal is established for the Highway Service Centre area:

i) to provide a convenient, accessible and

fully integrated highway transportation-related service centre at a location along


the Highway 401 corridor which is capable of providing a broad range of services and amenities to meet the growing and evolving needs of the North American trucking industry and the motoring public.

3.13.2 Policies

The following policies shall apply to those lands designated “Highway Service Centre” on the Land Use Schedules of this Plan: i) this Plan envisages that this 46 hectare

site will be developed, managed and operated as a single, comprehensive and integrated highway service centre facility;

ii) the permitted use at this location shall

be a highway transportation related service centre which shall consist of: truck and trailer repair garages, service stations, towing services, washing establishments; sales, leasing and rental establishments; fuel depots; restaurants; hotels and motels; overnight accommodations for truck and recreational vehicles; warehousing and load transfer facilities; customs facilities; and other similar commercial businesses that serve the needs of the North American trucking industry and the motoring public including uses ancillary to the principle uses such as health and fitness facilities, medical and personal service establishments and financial services;

iii) it is anticipated that this service centre

will be developed in phases and will incorporate a broad range of services and amenities that will evolve and change over time to meet market needs;

iv) all new uses locating within this

designation will be required to conform to high performance standards relating to parking, loading, lighting,

landscaping, buffering and control over outside storage as set out in the implementing zoning by-law and site plan control agreements. All development shall be subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O., 1990;

v) all development within the Highway

Service Centre designation shall be serviced by municipal piped water and a sanitary sewage treatment facility approved in accordance with the requirements and associated guidelines of the Ministry of Environment and the Township;

vi) lands designated Highway Service

Centre shall be zoned in an appropriate holding zone in the Townships’s Zoning By-law pending Council approval of a comprehensive development and servicing plan for the site. Prior to the removal of the holding zone symbol on all or a portion of the lands designated Highway Service Centre, Council, as well as the agencies noted below, shall have regard to the following policies:

a) a comprehensive

development and servicing plan for the entire site shall be completed to the satisfaction of Council, the Essex Region Conservation Authority, and the Ministry of Environment;

b) a quantity and quality

stormwater management plan for the entire site shall be completed to the satisfaction of the Essex Region Conservation Authority, the Ministry of Environment, the Ministry of Transportation, the County of Essex, and the


Township. The recommendations of this study shall be implemented through appropriate clauses in the associated site plan control and development agreements;

c) a traffic impact study

shall be completed to the satisfaction of the Ministry of Transportation, the County of Essex, and the Township to ensure that safe and efficient vehicular access is provided to the site. The recommendations of the study shall be implemented through appropriate clauses in the associated site plan control and development agreements and as conditions attached to the required access permits;

d) a development

agreement shall be prepared and executed to the satisfaction of the Essex Region Conservation Authority, the Ministry of Transportation, the Ministry of Environment, the County of Essex, and the Township;

vii) it is the policy of this Plan that the

further subdivision of land designated Highway Service Centre shall be prohibited.

3.14 MAIDSTONE HAMLET RESIDENTIAL

The Maidstone Hamlet Residential designation is shown on Schedule “A-3” of this Plan. 3.14.1 Goals

The following goals are established for the Maidstone Hamlet Residential area: i) to recognize the existing

residential development and employment uses and to encourage new residential development within the hamlet;

ii) to allow for further development

of primarily single unit detached dwellings taking into account the existing residential character, built form and densities in the hamlet while providing some range in new lot sizes;

iii) to allow, in a limited fashion, the

introduction of more intensive housing forms (semi-detached dwellings and townhomes) where suitably located and in recognition of the Provincial Policy Statement;

iv) to encourage the provision of an

adequate supply of new residential building lots to meet the anticipated demand for additional housing units over the next 20 years;

v) to ensure that new residential

development occurs in a manner in keeping with the capacity of the services available and the financial capability of the municipality;

vii) to encourage residential

development in the hamlet where a full range of municipal


infrastructure (including a piped sanitary sewer system) can be provided in a cost-effective and environmentally sound manner;

viii) to require a development pattern

that is in accordance with the guiding principles of the Maidstone Hamlet Secondary Plan, as established in Subsection 1.5.6 of this Plan and which reflects and implements the general design direction shown on Schedules “A-3” and “C-1” of this Plan.

3.14.2 Policies

The following policies shall apply to those lands designated “Maidstone Hamlet Residential” on the Land Use Schedules of this Plan: i) residential development shall

primarily consist of single detached dwelling units. More intensive forms of residential development may be permitted in accordance with Section 1.5.6c) of the Plan and subject to consideration by way of site specific zoning by-law amendments;

ii) the density of residential

development and its relationship to existing development shall be established by permitting different minimum lot sizes at different locations throughout the hamlet, in keeping with the policies of Subsection 1.5.6 of this Plan. In addition to the policies established in Subsection 1.5.6 regarding the location and size of residential lots, the following additional policies apply: a) the location of lots having a

minimum frontage of 30.48

metres and a minimum depth of 45.72 metres shall be as specifically shown on Schedule “A-3” of this Plan;

b) the remainder of new

residential lots shall be a mixture of lots in accordance with the policies of Section 1.5.6c) of this Plan. All lots fronting upon Talbot Road shall have a minimum depth of 45.72 metres. Increased lot depths may also be required as a result of further studies as required by Section 2 and subparagraph vii) of this subsection;

iii) home occupations may be

permitted, provided they do not alter the residential character and amenity of the area;

iv) the creation of new lots for

residential purposes will primarily occur by plan of subdivision. However, consents for residential lots will be permitted in accordance with the policies contained in Section 4 of this Plan. All lotting and road patterns, regardless of how the lot is created, shall be designed in accordance with subsection 1.5.6 of this Plan and reflect and implement the general design direction shown on Schedules “A-3” and “C-1” of this Plan;

v) the undeveloped lands that are

designated Maidstone Hamlet Residential and have servicing constraints shall be placed in a holding zone in the implementing zoning by-law at the time development applications are being considered by the Town or at such time prior to


development applications as Council deems appropriate. The holding symbol will be removed when appropriate sewage, water and any other necessary infrastructure is available to the satisfaction of the Town and the Ministry of Environment and Energy and a plan of subdivision is approved, where required. Existing uses and agricultural uses shall be permitted in the interim;

vi) it is the intent of this Plan to avoid

intrusions of commercial activities into the residential areas. Therefore, new commercial uses shall not be permitted in the Maidstone Hamlet Residential designation;

vii) a grain elevator operation is

currently located on the north side of Talbot Road, west of Malden Road on lands designated “Neighbourhood Commercial” on Schedule “A-3” of this Plan. Prior to new residential development proceeding in the hamlet within 300 metres of this facility, the developer shall be required to prepare noise, dust and lighting studies (including but not limited to the Ontario Ministry of the Environment’s document “Noise Assessment Criteria in Land Use Planning Publication LU-131) by qualified professionals to ensure land use compatibility between sensitive uses and the grain elevator operation for review and approval by the Town and other authorities, as required, and recommended setbacks and mitigation (e.g., structural design features), if required, will be included within any development application. Such studies shall

be conducted during the grain elevator’s peak season of July to December at which time dryers are used and the operation will be 24 hours a day, 7 days a week with associated truck movement on and off site. In addition, development agreements executed between the Town and residential developers shall include a provision that requires notice be given on the title of new residential lots regarding the grain elevator operation, its location and the nature of its operations;

viii) areas identified as “Recreational”

on Schedule “A-3” of this Plan represent an overlay designation that identifies the general location of lands that are intended to be set aside for recreational facilities having a range of purposes, as noted in Subsection 1.5.6. The precise location and size of each of these recreational areas shall be determined at the time individual development plans are being reviewed and approved and shall be in accordance with subsection 1.5.6 and the general locations shown on Schedule “A-3” of this Plan. Uses permitted in the locations determined at the time of development approval shall be as established in Subsection 3.10 of this Plan.


SECTION 4 LAND DIVISION POLICIES

This section shall form the basis for Committee of Adjustment decisions on all applications for consent within the township. 4.1 GENERAL POLICIES The following policies shall apply to all designations within the township.

(a) The division of land will generally occur by way of a registered plan of subdivision, and will generally be discouraged by consent. Consent applications may, however, be considered when a plan of subdivision is deemed not to be required for the orderly development of any one parcel of land. The granting of all consents within the township shall be in conformity with the general and specific land use, servicing, land division and other relevant policies of this Plan.

(b) Consents will be granted only

when all parcels involved abut an existing publicly owned and maintained road of a standard of construction acceptable to the township and the Ministry of Transportation.

(c) Consents will not be granted

when any parcel involved requires access to be obtained where a traffic hazard could be created because of limited sight lines on curves or grades or proximity to intersections.

(d) Consents will be granted only

when it has been established that soil and drainage conditions for

all parcels involved are suitable:

i) to permit the proper siting of

any permitted building or structure;

ii) to obtain a sufficient and

potable water supply, where no municipal piped water supply exists;

iii) to permit the installation of an

adequate means of private sewage disposal acceptable to the Ministry of Environment and Energy or its designated agent, where no municipal piped sanitary sewer collection system is available.

(e) Consents shall be granted only if

they comply with the provisions of the township's zoning by-law. Where a by-law amendment or minor variance is necessary, it shall be a condition of the decision.

(f) Consents shall not be granted

where development would occur on lands subject to flooding, erosion or unstable conditions or any other physical limitations as determined by the township in consultation with the Essex Region Conservation Authority.

(g) Notwithstanding any other section

of this Plan, consents for lot adjustments or minor boundary changes are permitted in all designations provided they are granted conditional to Section 50(3) or (5) of the Planning Act, R.S.O. 1990.

(h) Consents may also be permitted


to create an easement or right-of-way provided all other applicable policies of this Plan are maintained.

(i) The consent-granting authority

may exercise its powers under Section 53(12) of the Planning Act, R.S.O. 1990 when reviewing the shape, size, etc. of any proposed lot.

(j) Council, when making

recommendations to the Committee of Adjustment concerning consent applications, will give consideration to the following conditions which may be stipulated as conditions of the consent where applicable:

i) that all realty and business

taxes be paid in full; ii) that a land development

charge is paid to the township in accordance with the Council-approved Ontario Land Development Charges By-law;

iii) that a parkland dedication, or

alternatively, a cash-in-lieu of parkland dedication contribution is made to the township;

iv) that any road widening

required be dedicated to the township, county or provincial agency having jurisdiction over the road affected;

v) that the township's zoning by-

law be amended to permit the proposed use, if necessary, prior to the issuance of a certificate or the stamping of deeds;

vi) that the applicant enter into an agreement with the township to construct, upgrade or maintain a required service affecting the lot to be severed or retained.

4.2 AGRICULTURAL On those lands designated "Agricultural", consents may only be permitted if they are in accordance with the following additional land division policies: (a) Individual lot severances for agricultural purposes which could result in, or lead to, the creation of less viable or non-viable farm units should be discouraged. No more than one consent shall be allowed on any farm lot as it existed on May 29, 1997 (the date of adoption of this Plan), regardless of changes in property ownership, and shall only be permitted for one of the following reasons: 1. Division of Farm Lots

A consent may be granted to permit a farm lot to be divided into two farm lots provided:

i) each lot (both the severed and

retained parcel) has a minimum lot area of 19 hectares except in the case of a greenhouse operation where a minimum of 4000 square metres of greenhouses exist on the lot, the minimum lot area shall be 2 hectares. When a consent is submitted to sever a 2 hectare parcel for greenhouse purposes and no greenhouses exist on the site at the time of the application, such an application may be granted however a building permit for a residential building will not be issued until such time as at least 4000 square metres of


greenhouses are constructed on the lot;

ii) the land to be conveyed is

transferred to someone other than the applicant, the applicant's spouse or a corporation or a partnership of which the applicant is a principle owner.

2. Surplus Dwelling

A consent may be granted to sever a dwelling unit that is considered surplus to the needs of the farming operation as a result of the acquisition of additional farm property provided:

i) each farm property has been owned

and actively farmed by the applicant for a minimum period of 5 years prior to the date of the application (the other farm does not need to be located in the Township of Sandwich South, but the onus is on the applicant to provide confirmation of ownership status);

ii) each farm property must have a

minimum lot area of 19 hectares, or 2 hectares if it contains a greenhouse operation with a minimum of 4000 square metres of greenhouses existing on the lot;

iii) notwithstanding paragraphs (i) and (ii)

above, a consent for a surplus dwelling may be granted if each or either farm property has a lot area of less than 19 hectares or 2 hectares, as required above, or if the applicant has owned each or either parcel for less than 5 years, if the subject property abuts land owned by the applicant and the two farm parcels will be joined to form one consolidated farm parcel;

iv) the size of the surplus dwelling lot

is in compliance with the

township's zoning by-law and is not greater than 0.5 hectares in area, except where natural or man-made features or servicing requirements dictate otherwise;

v) the land to be conveyed is

transferred to someone other than the applicant, the applicant's spouse, a partnership, or a corporation of which the applicant is a principle owner;

vi) the requirements of the Minimum

Distance Separation (MDS) I shall be applied to the severing of a surplus house.

3. Retirement Dwelling

A consent may be granted to permit an owner of a farm lot, who has owned the farm lot for a minimum period of 10 years, to convey the farmland portion and retain for his personal use an existing dwelling or lot provided:

i) the applicant is at least 55 years

in age and is retiring from farming;

ii) the applicant has not already

received a retirement lot within the Township of Sandwich South or any other municipality;

iii) the lot area of the farmland to be

severed is a minimum of 19 hectares, or 2 hectares if it contains a greenhouse operation with a minimum of 4000 square metres of greenhouses existing on the lot;

iv) notwithstanding (ii) above, a

consent may also be permitted if the farmland to be severed is less than 19 hectares or 2 hectares in area, as required above, if the


farmland is being conveyed to the owner of abutting lands and the two parcels would be joined to form one consolidated parcel;

v) the residential lot to be retained is

in compliance with the township's zoning by-law and is not greater than 0.5 hectare in area, except where natural or man-made features dictate otherwise;

vi) the land to be conveyed is

transferred to someone other than the applicant, the applicant's spouse, a partnership, or a corporation of which the applicant is a principal owner;

vii) the requirements of the Minimum

Distance Separation (MDS) I shall be applied to the severing of a retirement dwelling. However, if the existing barns that are in proximity to the retirement dwelling cannot meet the requirements of the Minimum Distance Separation (MDS) I, it may be warranted in terms of future farm operations and options to demolish or remove the barns;

viii) notwithstanding any other policies

of this Plan to the contrary, where a retirement dwelling consent is granted in accordance with the above policies, a condition of the decision may be that the applicant may provide a reference plan for the lands to be retained (the retirement lot) to the Secretary-Treasurer of the Committee of Adjustment instead of providing a reference plan for the lands to be conveyed (the larger farm parcel). This exception to the normal operating procedure is being allowed to save the applicant the expense of

having the larger parcel surveyed. The deed, however, will have to be worded accordingly;

ix) notwithstanding the minimum 10

year ownership requirement above, a retirement dwelling may also be granted to an applicant who has not had actual ownership of the subject property for the required 10 years provided:

i) the applicant has been

actively engaged in farming the subject property as his principal occupation for a minimum period of 10 years;

ii) the land has been farmed or

owned by the applicant's parents or spouse, or a corporation of which the applicant's parents or spouse are principal shareholders for a minimum period of 10 years;

iii) all of the other requirements

of this subsection entitled Retirement Dwelling are complied with.

(b) With the exception of the residential lots that could result from subsection 4.2 (a) no consent shall be granted that has the affect of creating any additional residential building lot in the Agriculturally designated areas of the township. (c) Consents may also be granted to allow the establishment of other permitted uses as set out in subsection 3.1 of this Plan. (d) Notwithstanding any other policies of this

Plan to the contrary, the consent granting authority may consider the granting of a consent to separate existing residential buildings located on a lot in the


Agricultural area of the township provided: i) the consent will not result in the

creation of a new building lot. For the purpose of this paragraph a new building lot is defined as a legally conveyable lot without an existing residence;

ii) the lot that is the subject of the

consent application must have two or more residences situated thereon, both of which existed prior to November 7, 1988;

iii) the lot to be severed and the lot to be

retained shall both:

have frontage on a publicly-owned and maintained road;

have a separate on-site sewage

disposal system that meets the Ministry of Environment and/or its designated agent’s standards;

have an adequate water supply to

the satisfaction of the municipality;

comply with the requirements of

the Minimum Distance Separation (MDS) I; and

comply with the applicable

requirements contained in the implementing zoning by-law.

4.3 LOW AND MEDIUM DENSITY AND MAIDSTONE HAMLET RESIDENTIAL In areas designated “Low Density Residential”, “Medium Density Residential”, and “Maidstone Hamlet Residential”, division of land by consent shall only be permitted in accordance with the following policies:

i) a new lot may be created by consent provided the proposed use

is permitted in this Plan and a plan of subdivision is deemed not to be required;

ii) the lot created by consent shall

comply with the township’s implementing zoning by-law and satisfy the requirements of the township and the Ministry of Environment and Energy or its designated agent; and

iii) for lands within the “Maidstone

Hamlet Residential” designation, the proposed new lot shall be in accordance with subsection 1.5.6c) and Schedule “A-3” of this Plan

4.4 HAMLET RESIDENTIAL In areas designated “Hamlet Residential”, division of land of five or less lots/units shall only be permitted if the new building lot has a minimum lot area of 0.5 hectares, and is serviced with a private sanitary sewage disposal system approved by the Ministry of Environment and/or its designated agent. The proponent of any development of more than 5 lots/units on private servicing must complete a servicing options report and impact assessment to the satisfaction of the municipality and the Approval Authority that addresses the feasibility of communal servicing and the impact of the proposed development on surface and groundwater resources. 4.5 GENERAL COMMERCIAL, NEIGHBOURHOOD COMMERCIAL AND BUSINESS PARK On those lands designated "General Commercial", “Neighbourhood Commercial” or "Business Park", consents will be granted for the creation of a new lot for a permitted use as outlined in this Plan, provided the consent is in compliance with the township's zoning by-law and a registered plan of subdivision is deemed not to be required.


4.6 HAMLET DEVELOPMENT AREA All new development and lot creation for urban purposes within the area designated “Hamlet Development” should be by way of plan of subdivision. Such subdivision proposals will only be supported by Council once all servicing issues have been addressed, and an official plan amendment is adopted and approved. Consents for the creation of individual lots to be used for agricultural purposes will be allowed in accordance with the policies in subsection 4.2 of this Plan. 4.7 COMMUNITY FACILITY AND RECREATIONAL In areas designated “Community Facility” and “Recreational”, consents will be permitted for the creation of a new lot for a permitted use as outlined in this Plan, provided the consent is in compliance with the township’s zoning by-law. 4.8 NATURAL ENVIRONMENT In areas designated “Natural Environment”, consents shall be permitted for the conveyance of land to public or private agencies, conservation groups, individuals or corporations engaged in the protection and conservation of the natural environment. 4.9 FLOODPLAIN DEVELOPMENT CONTROL AREA In addition to the consent policies for the corresponding designations, consent applications which have the effect of creating new lots within the Floodplain Development Control Area, will not be allowed unless a development permit has been issued by the Essex Region Conservation Authority in accordance with Ontario Regulation 730/82, as amended from time to time and the site can be certified by the Ministry of Environment and Energy or its designated agent as suitable for the sustained operation of a private sewage disposal system where applicable.


SECTION 5 MUNICIPAL SERVICES 5.1 GENERAL The following policies shall apply to all development within the township. Developers will be required to pay for the majority of costs associated with servicing future development areas. This intention will be realized through the collection of development charges imposed through a Development Charges By-law passed in accordance with the Development Charges Act. 5.2 WATER SUPPLY AND DISTRIBUTION a) Municipal piped water is currently

supplied to the township from four sources: the Windsor Utilities Commission; the Tecumseh Public Utilities Commission; the Union Water System; and the Amherstburg, Anderdon, and Malden Water Board.

The township is in the process of assessing various alternatives to improve the existing trunk water distribution system. These improvements contemplate that new trunk watermains would be installed in the Tecumseh, Oldcastle and Maidstone Hamlet areas, and revisions made to existing water service areas in order to properly service existing and future new development.

b) Water pressures will be maintained at

adequate service levels, and no watermain extension will be permitted if the resulting water pressure would fall below acceptable waterworks standards.

c) Maidstone Hamlet

In addition to the foregoing, the

following more specific policies shall apply to development within Maidstone Hamlet, as depicted on Schedule “A-3” of this Plan. Oversizing of infrastructure shall be provided by individual developments as deemed necessary by the Town to assist in facilitating the orderly and logical progression of development in the hamlet. The Maidstone Hamlet is presently being supplied with water from the Windsor Water System via a 300 mm (twelve (12) inch) diameter watermain on Highway No. 3 from the Oldcastle Hamlet.

Although the Tecumseh Master Plan considered an ultimate population for the Maidstone Hamlet area to be 5,381 (year 2042), the Secondary Plan as presented herein, considers an ultimate design population of approximately 3,310 (full build out).

The infrastructure requirements identified for the south Tecumseh Water Service Area to meet the servicing requirements in Maidstone Hamlet up to a 20 year design population of 1,112 persons, included a new 80 L/s booster pumping station. The recommended booster pumping station was identified in a previous 1996 Class EA and was carried forward in the Master Plan based on the basis that sufficient storage capacity would be made available in the Windsor service area to meet the projected peak hour and fire flows for the service area.

Therefore, sufficient storage capacity must be made available together with the new 80 L/s booster pumping station to accommodate a design population of 1,112 persons. Additional pumping capacity, additional storage capacity and/or an increased trunk watermain from Oldcastle may be required to accommodate the future design population of approximately 3,310 persons in the Maidstone Hamlet area.


A hydraulic analysis of the existing 300 mm (12”) diameter trunk watermain is required to evaluate these alternatives.

5.3 SEWAGE DISPOSAL a) Currently, only one area of the

township is serviced by a piped municipal sanitary sewer system, the Tecumseh Hamlet. In 1976, the municipality, together with the Ministry of Environment and Energy, constructed a sanitary sewerage collection system for this urban area. The existing inter-municipal agreement between the township, the Town of Tecumseh, the Village of St. Clair Beach and the City of Windsor provides for a maximum sewage outflow of 5.7 cubic feet per second from this area. The sewage from the Tecumseh Hamlet flows northerly through the Lesperance Road trunk sanitary sewer to the Little River Treatment Plant located in the City of Windsor.

With the exception of one communal sanitary sewerage system which has recently been approved for a new commercial and residential development in the Oldcastle Hamlet, the remainder of the township is presently serviced with individual private sewage disposal systems.

b) It is the intent of this Plan that all

future urban development, with the exception of lands which have already been designated and zoned for development, will be serviced with a piped sanitary sewerage collection and treatment system that is designed and approved by the township and the Ministry of Environment and Energy.

Over the last 5 years township political and administrative

representatives have attempted on numerous occasions to investigate and evaluate various sanitary sewerage servicing options, including the extension of new trunk lines from the Little River, West Windsor, and the Belle River/Maidstone Sanitary Sewer Treatment Plants.

Despite repeated attempts to gather the necessary information, township officials have not been able to obtain the necessary cooperation that is required to develop a long-term servicing strategy for the municipality. Notwithstanding this problem, Council remains committed to working with representatives from the Ministry of Environment and Energy and neighbouring municipalities to put in place a cost-effective and environmentally sound sanitary sewerage servicing strategy for the township as a whole.

Over time, the township may experience servicing limitations that may restrict the ability of the municipality to endorse/approve further development. It is goal of the township to ensure the provision and extension of municipal services in an orderly sequence.

The township’s servicing strategy will include matters related to the timing and financing of improvements and provide guidance to the logical staging and phasing of future development.

In areas of the township with full municipal services, development proposals shall not be granted approvals unless adequate uncommitted reserve water and sewage treatment capacity is demonstrated to be available to be allocated to accommodate the development of the site.


The Ministry of Environment guidelines on the availability of uncommitted reserve servicing capacity may be used as guidance. When the capacity of the water and sewage facilities have been fully allocated and prior to the facilities reaching their hydraulic capacity the township shall demonstrate a commitment to the expansion of the facilities in accordance with the municipal servicing strategy. Limitations in the capacity and operating performance of the water and sewage facilities will be recognized as a constraint to the approval and timing of new development proposals.

Development with partial municipal services (i.e. municipal piped water in the absence of municipal sanitary sewers) will be discouraged in the township, except where necessary to address failed services or because of physical constraints.

Where multiple lot/unit development is proposed on individual sewage and water services for more than five lots/units of residential, industrial, commercial, recreational or institutional development, servicing options including development on communal sewage and water systems must be investigated by the proponent to the satisfaction of the Approval Authority and the municipality. In addition, an impact assessment must be prepared by the applicant in accordance with Ministry guidelines, demonstrating that the impacts on ground and surface water of the proposal will be within acceptable limits. Where a communal system is proposed, the municipality shall own the system. Any development proposing a communal servicing system must satisfy the requirements of the

Ministry of Environment.

In the interim, until such time as a new comprehensive servicing strategy is prepared, individual properties:

i) situated within the

Tecumseh Hamlet and already designated for urban development, as depicted on Schedule “A-1" of this Plan, will be permitted to develop or redevelop provided such lands are serviced with a piped municipal sanitary sewerage system having adequate uncommitted reserve capacity for the proposed use;

ii) situated with the Oldcastle

and Maidstone Hamlet and are designated for urban development, as depicted on Schedules “A-2" and “A-3" of this Plan, will be permitted to develop or redevelop provided they meet the requirements of the Ministry of Environment and Energy for individual or communal sanitary sewerage serving systems;

iii) which are designated

“Hamlet Development”, as depicted on Schedules “A-1", “A-2" and “A-3" of this Plan, will be required to satisfy the applicable infrastructure policies of the Cabinet approved Provincial Policy Statement prior to any new urban development being permitted by way of an official plan and zoning by-


law amendment. Existing uses and agricultural uses situated within a “Hamlet Development” designation will be allowed to continue to operate, expand, and add new buildings or structures as permitted in the comprehensive zoning by-law, with individual private sewage disposal systems approved by the Ministry of Environment and Energy or it’s designated agent.

c) It is the intent of the township that

sewage disposal in the “Agricultural” designation of the municipality will be by means of individual private sewage disposal systems, with lot areas and frontages of a size that enable the installation and maintenance of septic tank and tile field systems approved by the Ministry of Environment and Energy.

During the life of this Plan there are no plans by the township to extend a municipal sanitary sewerage system beyond the urban area boundaries as depicted on Schedule “A”. All sewage disposal systems in the Agricultural areas of the township must be approved by the Ministry of Environment and Energy or its designated agent.

d) Maidstone Hamlet

In addition to the foregoing, the following more specific policies shall apply to development within Maidstone Hamlet, as depicted on Schedule “A-3” of this Plan. Oversizing of infrastructure shall be provided by individual developments as deemed necessary by the Town to

assist in facilitating the orderly and logical progression of development in the hamlet.

Under the June 25, 2002 Water and Wastewater Master Plan, K.M.K. recommends a wastewater treatment plant be constructed in the area of County Road No. 19 and Baseline Road with a south trunk sewer extending along County Road No. 19 to County Road No. 46. However, the implementation plan under this report calls for the treatment plant to be constructed in 2006/2007 and the south trunk sewer on Manning to be constructed in 2010.

Development within Maidstone Hamlet could proceed at this time with the construction of a (one) temporary communal sanitary treatment plant strategically located to facilitate its decommissioning and connection to the south trunk sewer in the future. To accommodate this, the plant should be located generally within the northwesterly quadrant of the hamlet or just beyond the northwest limits (as conceptually shown on Schedule “A-3”) and shall meet required setbacks and be located so as to utilize the Pike Creek as a temporary outlet for the effluent, all of which shall be more particularly established through the completion of the necessary approvals and environmental assessment. The construction of this temporary communal sanitary treatment plant will be the responsibility of the developer, however the Town will take possession of the system after the expiration of the maintenance period.


5.4 STORM DRAINAGE a) The topography of the township is

relatively flat with ground elevations of approximately 180 metres CGD near the northerly limits of the municipality to 194 metres CGD in the southeast corner of the township. Stormwater runoff within the township currently drains to either Lake St. Clair or the Detroit River via an extensive system of inland watercourses, municipal drains and roadside ditches.

b) All new development shall be

provided with adequate storm drainage facilities connected to storm sewers, drains or watercourses.

c) As development occurs in the

designated urban areas, it will be necessary for some storm sewer oversizing and deepening to occur. The design and construction of all storm sewers and improvements to natural watercourses shall have sufficient depth and capacity to serve all areas which may ultimately be connected to sewers or open watercourses.

d) Where an area is already partially

developed but is deficient in storm drainage facilities, the installation of the necessary works for new development shall also be designed and constructed to accommodate existing development where this is appropriate.

e) Based on the recommendations of

the township’s existing Master Drainage Study stormwater runoff from new development areas will be required to be controlled to predevelopment conditions for all areas save and except for the Pike Creek subwatershed area in the Tecumseh Hamlet. Where

necessary, developers will also be required to provide sufficient temporary outlets, designed and built to the satisfaction of the township and the local conservation authority, until such time as downstream trunk sewers or municipal drains are constructed.

f) New development within the

designated urban areas of the township will also have to comply with the requirements of the Ministry of Environment and Energy with respect to stormwater quality matters.

g) The comprehensive zoning by-law

will establish setbacks from open drains and watercourses that are outside of the regulated area of the local conservation authority, to ensure that proper maintenance of these storm drainage facilities can be carried out efficiently in future.

h) In reviewing individual development

applications, Council will, where necessary, require developers to utilize appropriate stormwater management techniques to minimize erosion and siltation of watercourse and open drains and to not adversely affect upstream or downstream property owners.

i) The township is currently participating

in a joint subwatershed study for the Little River and Turkey Creek subwatershed areas with the City of Windsor, the Town of LaSalle and the Essex Region Conservation Authority. This study is intended to provide the respective municipalities with further information and policy recommendations pertaining to water quantity and quality and natural heritage protection issues. Once the findings of this study are available, additional storm drainage policies may be added to this Plan by


amendment, to implement a coordinated regional approach to stormwater management issues for the affected subwatersheds.

j) Maidstone Hamlet

In addition to the foregoing, the following more specific policies shall apply to development within Maidstone Hamlet, as depicted on Schedule “A-3” of this Plan. Oversizing of infrastructure shall be provided by individual developments as deemed necessary by the Town to assist in facilitating the orderly and logical progression of development in the hamlet.

Maidstone Hamlet is presently being drained either directly by Pike Creek or a series of municipal drains which, in turn, outlet into Pike Creek. These drains are the Manning Road West Townline Drain, the Malden Road East and West Drains, the east branch of the Delisle Drain, the North Talbot Road Drain and the Talbot Road Drains (north and south). Three (3) smaller drains (the Small Drain, the Collins Drain, and the Cunningham Drain) drain the area bounded by County Road No. 34 (Talbot Road), the CN/CP railway, County Road No. 19 (Manning Road) and Malden Road.

The development area will be serviced by enclosed pipes to handle the 1:2 year storm event incorporating storm water management principles to limit the discharge to pre-development peaks. To accomplish this, wet ponds will be established on or near Pike Creek, as shown on Schedule “A-3”. One pond with a total land area of 2 to 3.2 hectares (5 to 8 acres) will be located east of Malden Road near the existing park area to accommodate

flows from the east of Malden. Two ponds, each with a total land area of 2 to 2.4 hectares(5 to 6 acres) will be located west of Malden Road to accommodate flows from west of Malden Road. The actual area and location will be more accurately determined as lands are developed and storm water calculations are undertaken and storm water management reports are completed. It is the intent that the pond areas not only serve to enhance water quality but also must add an important visual/environmental amenity with opportunities for integration of the multipurpose trail system. The ponds should become focal points and defining elements for their respective neighbourhoods.

Overland flow routes must be established to accommodate rainfall events greater than the piped system can handle. The ponds must also detain the peak runoff from the 1:100 year rainfall event to that of pre-development.

The storm drainage facilities must address both quality and quantity issues to the satisfaction of E.R.C.A. and the M.O.E.

Pike Creek must remain as

untouched as possible to keep its rural pristine appearance with a 15.24 metre (50 foot) natural buffer strip on either side of the creek, from within which future maintenance works may be completed and a trail system can be integrated.

5.5 TRANSPORTATION a) During the planning horizon of this

official plan document, the principal mode of transportation for township residents will continue to be the


private automobile. Consequently, the transportation policies of this plan envisage that with the exception of local trips to/from various locations within a neighbourhood, township residents will continue to use the existing provincial highway, county road and township road systems to travel for work or leisure purposes. Schedule “C” of this Plan depicts the existing township road network, and identifies the type of road by the function it is expected to perform. New collector roads are also shown on this schedule.

b) The arterial road network consists of

all provincial highways and county roads. These roads are intended to provide fast and efficient movement of large volumes of vehicular traffic from one area of the township to another and to destinations beyond the corporate limits of the municipality.

Collector roads are intended to provide for the movement of moderate volumes of traffic between local roads and the arterial roads, while at the same time providing access to individual properties.

All other roads in the township are expected to function as local roads during the planning period, providing direct access to various abutting land uses. By their very nature they are designed and intended to accommodate a much lower volume of traffic.

c) To maintain a safe and efficient road

system in the township, it shall be the policy of Council to pursue a program of improving road alignments, surfaces and pavement widths, and to establish adequate road allowances and standards for new development. Priority will generally

be given to any repairs on arterial and collector roads so that the flow of traffic may be maintained. The roads need study of the township and the capital works budget will be used to establish priorities for the upgrading of the existing municipal road system that is under the control and jurisdiction of the township.

d) Council will also require sidewalks,

walkways, bikeways to be provided as part of all new residential developments, to facilitate cycling and pedestrian modes of transportation within and between residential neighbourhoods, recreational and community facilities.

e) Provisions for bus bays will be

considered as part of future subdivision applications to accommodate an expanded regional transit service, should such a service become available during the life of this Plan.

f) Council also supports the concept of

an intermodal transportation terminal, centered at Windsor Airport, should such a facility be required in the future.

g) A regional transportation study is

currently being prepared for all lands located within the Metropolitan Windsor area. Additional transportation policies may need to be added to this plan once this study is complete and recommendations are available for review by Council.

h) Maidstone Hamlet

In addition to the foregoing, the following more specific policies shall apply to development within Maidstone Hamlet, as depicted on Schedule “A-3” of this Plan. Oversizing of infrastructure shall be


provided by individual developments as deemed necessary by the Town to assist in facilitating the orderly and logical progression of development in the hamlet.

The existing road pattern for the developed portion of the Hamlet and the adjacent lands is shown on Schedules “A-3” and “C-1” of this Plan. The conceptual location of future collector and local roads for the undeveloped lands situated within the Hamlet are depicted on Schedules “A-3 and “C-1” of this Plan.

The alignment of future collector and local roads is depicted conceptually on Schedule “C-1” of this Plan. The precise alignment of all new roads will be determined at the draft plan of subdivision stage and will be guided by Schedules “A-3” and “C-1” of this Plan, Subsection 1.5.6 and Section 3.14 of this Plan and for clarity shall include the strategic location of single loaded roads overlooking open space areas, local roads opening and intersecting with open space areas and the integration of a trail system within portions of the collector road right-of-way.

Maidstone Hamlet is serviced by three (3) major arterials: County Road 19 (Manning Road), County Road No. 46, County Road No. 34 (Talbot Road) and by Provincial Hwy. No. 3.

The limits of the Hamlet are well defined by County Road No. 19 (Manning Road) and the Town of Lakeshore to the east, the railway line and Hwy. No. 3 to the south, and County Road 46 to the north. The westerly limit has been set at the westerly limit of Farm Lot 294 and the East Branch of the Delisle Drain.

The Hamlet is dissected into various segments by both natural and man-

made obstacles, including Pike Creek, Ontario Hydro Corridor; Malden Road and the CN/CP Railway. The new collector road system along with a limited number of local roads will integrate these areas.

Access is offered to that portion of Maidstone Hamlet which lies to the west of Malden Road by a proposed collector road system which interconnects County Road 46 to the north, County Road 34 (Talbot Road) to the south, which in turn connects to Highway No. 3 and to Malden Road to the east at two (2) separate locations.

In an attempt to integrate the area west of Malden Road with that east of Malden Road, the east collector road will intersect Malden Road and connect to the collector system to the west. This east collector will also connect to County Road No. 34 to the south.

The overall road concept establishes a new north/south collector road system that will direct traffic away from existing Malden Road.

A system of linear pedestrian/bicycle pathways along streets, the Ontario Hydro corridor and the naturally occurring alignment of Pike Creek will also serve to integrate the various segments. These will serve as an access to the focal point of the Hamlet, the St. Mary's Church/School/park area.

Although Malden Road is intended somewhat to remain in the existing condition, the additional vehicular traffic and pedestrian traffic generated by the adjacent development would no doubt impact Malden Road. For this reason, it is the policy of this Plan that only a


limited improvement be considered, i.e. trail on one side, improved street lighting, improved barrier or separation between pavement and existing roadside drain for safety purposes.

Under the April 2002 County of Essex County Road 19 Corridor Study, F. R. Berry & Associates identified several roadway improvements anticipated in the next 20 years. One area of concern is the County Road No. 19/North Talbot Road/Malden Road intersection and its proximity to County Road No. 46. The development of the Hamlet will exacerbate the traffic problem foreseen in this area.

Due to the fact that this area is situated in Tecumseh west of Manning Road and in Lakeshore east of Manning Road, and under the ownership of several parties, any improvement to the alignment of these roads will prove challenging but necessary nonetheless. A proposed realignment is shown on Schedules “A-3” and “C-1”. All proposed local residential rights-of-way must be a minimum of 20 metres in width to accommodate an 8.5 metre wide roadway, sidewalk on one side and services. The proposed collector right-of-way must be a minimum of 24.38 metres in width in order to accommodate the proposed 3.65 metre foot wide multipurpose, hard-surfaced trail on one side. Pavement width for the collector road need not be any wider than that of local residential streets, except at its intersection with Talbot Road, Malden Road and County Road 46, where a widened pavement width will be required to accommodate left turn lanes.

Street lighting must be installed to levels similar to an urban setting.

Sidewalks will be required on one side of all local streets. Sidewalks should have a minimum width of 1.52 metres.

A multipurpose trial system is an amenity intended to provide a broad range of recreational opportunities, encourage walking/cycling as an alternative means of transportation for short trips within the Hamlet, and provide a safer environment for pedestrian and non-vehicular recreational traffic. A properly designed trail system will be able to safely interconnect community facilities such as the school, parks and various areas of open space, the church and commercial sites with the surrounding residential community. The trail should be uniformly hard-surfaced throughout the Hamlet and have a width of 3.65 metres.

Improvements will be required where new collector roads intersect with external roadways. In particular, improvements will be required at the following locations:

intersection of Malden Road and County Road 19;

length of road connecting County Road 46 and North Talbot Road, along with intersection of same road with County Road 46;

intersection of new collector roads with Talbot Road (County Road 34).

These improvements may include widenings, turning and bypass lanes, the introduction of traffic signals and traffic circles. Improvements, as identified through individual traffic studies, will be subject to the approval of the County Engineer along with the Town.


SECTION 6 IMPLEMENTATION AND INTERPRETATION 6.1 GENERAL This Plan shall be implemented by means of the statutory powers conferred upon the Council and other municipal officials by the Planning Act, the Municipal Act, the Development Charges Act and any other powers as may be exercised through the zoning by-law, subdivision control regulations, developer's agreements and standards of maintenance and occupancy by-laws. 6.2 IMPLEMENTING ZONING BY-LAW The township will prepare a new comprehensive zoning by-law to zone lands in accordance with the policies and designations contained in this Plan. 6.3 HOLDING ZONES The township's zoning by-law will incorporate the holding zone approach in accordance with Section 36 of the Planning Act, R.S.O. 1990. The zoning by-law will identify the uses that are ultimately intended for certain lands, but by adding the holding (h) symbol, will delay their actual development until specific conditions are met. When the required conditions are met, a by-law removing the holding (h) symbol will be passed. Holding zones will be used in the zoning by-law in accordance with the policies of Section 3 of this Plan. The holding (h) symbol will not be removed until such time as Council is satisfied that adequate sewage disposal and the provision of other services is possible, development applications are approved by Council, various agreements are in place and plans of subdivision are approved, where

necessary. In the interim period, the zoning by- law shall permit existing uses and in some cases, agricultural uses. 6.4 SITE PLAN CONTROL The Township of Sandwich South will exercise site plan control in accordance with the provisions of Section 41 of the Planning Act, R.S.O. 1990 and the following policies: 6.4.1 Proposed Site Plan Control Area

The Township of Sandwich South in its entirety is designated as a proposed site plan control area pursuant to Section 41(2) of the Planning Act, R.S.O. 1990.

6.4.2 Objectives

The township's objectives in using site plan control are:

a) to ensure a high standard of site

design for new development; b) to ensure safety and efficiency of

vehicular and pedestrian access; c) to minimize incompatibilities

between new and existing development;

d) to control the location of

driveways, parking, loading and garbage collection facilities;

e) to secure easements or grading

and alterations necessary to provide for public utilities and site drainage;

f) to ensure that the development

proposed is built and maintained


as approved by Council. 6.4.3 Application of Site Plan Control

Expansions to existing and the establishment of new medium and high density residential developments, commercial, industrial, recreational and institutional developments shall be subject to site plan control. The development of new mushroom operations shall also be subject to site plan control. All other development such as single unit dwellings and agricultural uses other than mushroom operations shall be exempt from the site plan control process.

6.4.4 Proposed Road Widening

As a condition of the approval of site plans, the Council of the Township of Sandwich South may require the owner to provide, at no expense to the municipality, a specified amount of land for the purpose of road widening. Such land shall only be required where the proposed development abuts one or more of the roads indicated below and only on the side and to the extent indicated below:

Road Name

Segment for which

Widening is Required

Present Width

Required Width

Side

Oldcastle Road

North Talbot Road to

Highway 3 12.2 m 20.1 m either

Oldcastle Road

Highway 3 to County Road

11 12.2 m 20.1 m either

Banwell Road

Highway 2 to County Road

42 12.2 m 26.2 m either

Ruston Road

County Road 34 to the CN

Railway 12.2 m 20.1 m either

6.4.5 Implementation

This policy shall be implemented through the adoption of one or more Site Plan Control By-laws designating specific Site Plan Control Areas in accordance with Section 41(2) of the Planning Act, R.S.O. 1990 and the policies contained in this subsection.

6.5 THE MUNICIPAL ACT AND THE DEVELOPMENT CHARGES ACT It is intended that the township shall review existing legislation pursuant to the Municipal Act governing such uses as fences and signs, and where necessary amend existing by-laws or pass new by-laws as may be required to ensure such uses are properly regulated and controlled. Also, it is the intention of the township to pass a Development Charges By-law in accordance with the Development Charges Act. The development charge outlined in the By-law will reflect Council's opinion that the majority of expenses incurred as a result of new development will be borne by the developers and not the township at large. 6.6 COMMITTEE OF ADJUSTMENT It is intended that the township will continue to maintain a Committee of Adjustment under the provisions of the Planning Act, R.S.O. 1990 to preside over consent, minor variance and non-conforming use applications. The Committee shall be guided by the policies of this Plan and the requirements of the zoning by-law in making decisions on applications. 6.7 PLANS OF SUBDIVISION It shall be the policy of the township to recommend to the Minister for approval, only those plans of subdivision which comply with the policies of this Plan, which can be supplied with adequate servicing such as fire protection, water


supply, storm drainage and sewage disposal facilities, and which are appropriate in light of the township's financial position. 6.8 PUBLIC WORKS AND CAPITAL WORKS PROGRAMS It is intended that the construction of public works within the Township of Sandwich South shall be carried out in accordance with the policies of this Plan. 6.9 MAINTENANCE AND OCCUPANCY BY- LAW It is the goal of this Plan to maintain an efficient and pleasant living environment. To achieve this goal, a Maintenance and Occupancy By-law will be passed and shall be enforced in accordance with Section 31 of the Planning Act, R.S.O. 1990. This by-law will establish the minimum standards for property maintenance and occupancy as they relate to: a) the physical conditions of yards

and passageways; b) the adequacy of sanitation

including drainage and garbage; c) the physical condition of all

structures with particular regard to the following:

i) structural standards, ii) lights and ventilation, iii) condition of stairs, iv) interior walls, ceilings and

floors, v) toilet facilities, vi) condition of chimneys, vii) heating systems, viii) electrical service, ix) access. This Maintenance and Occupancy By-law shall be enforced and administered by the Chief Building Official or any other person designated

by Council. A Property Standards Committee shall also be maintained to review all appeals. 6.10 OTHER METHODS OF IMPLEMENTATION The township may use the agencies and techniques listed below to assist in the implementation of Official Plan policies as appropriate: (a) the assistance and advice of the

Ontario Ministry of Agriculture and Food and the Ministry of Environment and Energy on agricultural operations;

(b) the assistance and advice of the

Essex Region Conservation Authority on adequate flood protection and conservation measures;

(c) the acquisition of significant natural

areas by public or private bodies or individuals concerned with conservation;

(d) the assistance and advice of the

Ministry of Environment and Energy and the local Health Unit on servicing matters.

6.11 EXISTING LAND USES AND BUILDINGS Certain lands within the township have been developed for a use other than that which is permitted by the designations and policies of this Plan. Some of these uses are still operating but some have ceased to exist leaving vacant substantial buildings, most commonly commercial or industrial buildings. Such lands (both those with legally existing uses and those with vacant buildings) may be zoned in the zoning by-law to permit the existing use if there is one or the previous use if the buildings are presently vacant provided:


i) the buildings lawfully existed prior to the date of adoption of this Plan;

ii) the use to be permitted does not

interfere with the desirable development or enjoyment of neighbouring properties;

iii) the use does not constitute a danger

to surrounding uses and persons because of its hazardous nature or traffic generated; and

iv) the by-law reasonably limits the

amount of expansion that is to be permitted to ensure that the use does not become larger than would be appropriate for the area.

Applications to amend the zoning by-law to permit a use that is as, or more compatible with the surrounding area may also be approved by Council without an amendment to this Plan provided the proposed use satisfies the above criteria. Also, there are a number of parcels that have applying to them, current zonings that are not in conformity with this Plan. Those zonings can be carried forward in the implementing zoning by-law without the requirement of amending or modifying this Plan. 6.12 NON-CONFORMING USES Any land use which does not meet the provisions of Section 6.11 shall be left as a non-conforming use in the zoning by-law. As a general rule, such a use should cease to exist. In special circumstances however, it may be desirable to permit the extension or enlargement of such a non-conforming use in order to avoid unnecessary hardship. It is the intention of this Plan that extensions and enlargements be handled without an amendment to this Plan through the use of either Section 34(10) or 45(2) of the Planning Act, R.S.O. 1990. When considering an application under either section of the Act for the extension or enlargement of a

non-conforming use, Council shall decide if the special merits of the individual case make it desirable to grant permission for the extension or enlargement and in so doing shall have regard to the following matters: i) that the proposed extension or

enlargement of the established non-conforming use shall not unduly aggravate the situation created by the existence of the use, especially in regard to the policies of this Official Plan and the zoning by-law applying to the area;

ii) that the proposed extension or

enlargement shall be in an appropriate proportion to the size of the non-conforming use;

iii) that the application which would

effect the boundary areas of different land use designations will only be processed under these policies if it can be considered as a "minor adjustment" permitted under the Interpretation clause, Section 6.16 of this Plan, without the need for an amendment. Any major variance to the property boundaries will require an amendment to this Plan;

iv) the characteristics of the existing

non-conforming use and the proposed extension or enlargement shall be examined with regard to noise, vibration, fumes, smoke, dust, odours, lighting and traffic generating capacity;

v) that the neighbouring conforming

uses will be protected, where necessary, by the provision of areas for landscaping, buffering or screening, appropriate setbacks for buildings and structures, devices and measures to reduce nuisances and, where necessary, by regulations for alleviating adverse effects caused by outside storage, lighting, advertising


signs, etc.; vi) that adequate provisions have been,

or will be made for off-street parking and loading facilities;

vii) that applicable municipal services

such as storm drainage, sewage disposal and water supply are adequate and meet the approval of the township and the Ministry of Environment and Energy or its designated agent.

6.13 EXISTING LOTS OF RECORD There are several existing lots of record in the township which are under separate ownership and which do not conform with the development standards of the designation or the corresponding zone in the zoning by-law. Notwithstanding their non-compliance, it is the policy of this Plan that these lots may be developed for a use permitted by this Plan in accordance with the yard and other setback requirements established in the zoning by-law provided the necessary approvals are obtained from the Ministry of Environment and Energy or its designated agent and the development is in compliance with the Minimum Distance Separation (MDS) I and II. 6.14 LOTS THAT STRADDLE MUNICIPAL BOUNDARIES There are lots in Township of Sandwich South that straddle a municipal boundary resulting in part of the lot being in the Township of Sandwich South and the balance of the lot being located in an abutting municipality. Consequently, there are a number of lots that have two sets of zoning provisions pertaining to different parts of them, the provisions of the Township of Sandwich South on part of the lot and the zoning provisions of the abutting municipality on the balance. In these instances, an amendment to the township's zoning by-law is required to alter the zoning on the part of the lot that is in the Township of Sandwich South so

that it coincides with the zoning on the balance of the lot in the abutting municipality and may be allowed without an amendment to this Plan. Site plan agreements may be required by the township for that portion of the lot that is located in Sandwich South. Also, it is the intent of this Plan that consents to sever these lands from lands in an abutting municipality will not be permitted. 6.15 TEMPORARY USE BY-LAWS Pursuant to Section 39 of the Planning Act, R.S.O. 1990, Council may pass "temporary use by-laws" to authorize the temporary use of land, buildings or structures for a purpose not otherwise authorized by the zoning by-law for a specific period of time not to exceed three years. Council may authorize a temporary use on a one-time basis or for a short period of time on a periodic basis, where it is considered inappropriate by Council to permit the proposed use on a permanent or continuing basis, and where alternatives such as relocation, etc. are not practical. Council may pass subsequent by-laws granting extensions of up to three years. However, once the by-law has lapsed, the use must cease or otherwise will be viewed as contravening the zoning by-law. Prior to the approval of any temporary use by-law, Council shall be satisfied that the following principals and criteria are met: i) the proposed use shall be of a

temporary nature, and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of temporary use provisions;

ii) the proposed use shall not be

incompatible with adjacent land uses and the character of the surrounding area;


iii) the proposed use shall be properly serviced and not require the extension or expansion of existing municipal services;

iv) the proposed use shall not create

any traffic problems within the surrounding area, nor shall it adversely affect the volume and/or type of traffic found on the area's roads;

v) parking facilities required by the

proposed use shall be provided entirely on-site; and

vi) the proposed use shall generally

be beneficial to the surrounding area or the community-at-large.

Notwithstanding the policies of this Plan, Council may authorize the temporary use of land which may not conform with the land use policies of this Plan provided:

i) the temporary use is determined to not have any detrimental effect upon the existing land uses in the area; and

ii) the proposed temporary use

conforms to the principles and criteria established in this subsection.

6.16 INTERPRETATION The designation boundary lines and the text of this Plan should not be interpreted in a legalistic, narrow or strict manner. They are meant to be relatively flexible. Appropriate variations may be made by Council, without an amendment to this Plan, where necessary and appropriate, provided that the general intent of the Plan is maintained. Where any Act or portion of an Act is referred to in the Plan, such references shall be interpreted to refer to any subsequent

renumbering of the sections in the Act and/or changes in the date of the Act. 6.17 AMENDMENT PROCEDURES All proposed amendments to this Official Plan or the implementing zoning by-law shall be processed in accordance with the provisions of Sections 21 and 34 of the Planning Act, R.S.O. 1990, and due regard shall be given to the following matters:

i) the physical suitability of the land to be used for the proposed use;

ii) the adequacy of all required

services; iii) the adequacy of the road system to

accommodate the projected traffic volume increases;

iv) the compatibility of the proposed

use with existing and potential future uses in the surrounding area;

v) the need for the additional land to

accommodate the proposed use/facilities.

6.18 REVIEW OF OFFICIAL PLAN POLICIES The policies and designations of this Plan shall undergo a comprehensive review not later than 5 years from the date of its approval by the Minister of Municipal Affairs. The purpose of the review will be to: i) document the type and location of

new development that occurred during the preceding 5 year period;

ii) project the nature of new

development that can be expected during the subsequent 5 year period;


iii) review the continued appropriateness of the Plan's goals, policies and designations;

iv) formulate revised or new goals,

policies and designated land use. 6.19 MUNICIPAL PLAN REVIEW/ ONE WINDOW Notwithstanding other policies of this Plan, if the policies of this Plan require consultation with government ministries for development applications under the Planning Act, the township and/or applicant shall consult with the Ministry of Municipal Affairs and Housing where the Ministry of Municipal Affairs and Housing is the approval authority. Where the Official Plan has been drafted to require that an evaluation, demonstration or other action should be “to the satisfaction of” one or more of Provincial Ministries, the policy should generally be interpreted to mean that it is the township’s responsibility to ensure regard has been had for Provincial policies, standards or guidelines as established by that Ministry. In keeping with the statutory requirement of the Planning Act, the township will forward all applications to amend the Official Plan to the Ministry of Municipal Affairs and Housing, within 30 days of receiving the application, for review and comment.

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SCHEDULE "A" TOWNSHIP OF SANDWICH SOUTH

OFFICIAL PLAN

D D -D

LAND USE PLAN

Agricultural Area

Natural Environment

Highway Service Centre

Urban Area Boundary (SEE SCHEDULES" A-I ", "A-2" &" A-3")

o 100 250 500 metres I

SCHEDULE "A-3" TOWNSHIP OF SANDWICH sourn

OFFICIAL PLAN MAIDSTONE HAMLET

URBAN AREA LAND USE PLAN

- Urban Area Boundary

D Maidstone Hamlet Residential

D Maidstone Hamlet Residential 30.48 metre Frontage Lots

D D D D

Neighbourhood Commercial

Community Facility

Recreational

100' Pike Creek Corridor & Floodway

[!] Stormwater Management Areas

- Multipurpose Trail

D Ontario Hydro Right of Way

6, Ontario Hydro Towers

Conceptual Road Pattern

~ Conceptual Road Closure

Potential Sanitary Sewage Treatment Facility

Gas Line

Prepared by Tecumseh Planning Department

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o 1 2 3 kilomefre6 L'~'~~~'~ ____ ~' ____ ~'

SCHEDULE "B" TOWNSHIP OF SANDWICH SOUTH

OFFICIAL PLAN FLOODPLAIN DEVEWPMHNT

CONTROLARBA

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Floodplain Development Control Area

pnpared by: Prina!,. sn.ni, II: AooociaII!!I Limital twtt.:i}abe..1JW ~lJ9I5 - pc-A-Gmt _Noo. ttf7

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SCHEDULE "C" TOWNSHIP OF SANDWICH SOUTH

OFFICIAL PLAN ROADS PLAN

D D -D

Provincial llighways

Arterial Roads (County Roods)

Collector Roads

Local Roads

prepared by: Prtaa, .... ..u..u..:umat.d .-/I!..-,0f7 J-.lB'I_,._A._GDM ----

o 100 250 I

500 metres I

SCHEDULE "C-l" TOWN OF SANDWICH SOUTH

OFFICIAL PLAN Maidstone Hamlet Roads Plan

CJ CJ

Urban Area Boundary

Provincial Highways

Arterial Road (County Roads)

Collector Roads

Local Roads

Conceptual Future

Local Roads

Proposed Road Closure

Prepared by Tecumseh Planning Department

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SCHEDULE "D" TOWNSHIP OF SANDWICH SOUTH

OFFICIAL PLAN WINDSOR AIRPORT

NOISE EXPOSURE FORECAST 1996

Transport Canada NEF Contours

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TOWN OF TECUMSEH · TOWN OF TECUMSEH . SANDWICH SOUTH OFFICIAL PLAN (OFFICE CONSOLIDATION) Page 3 ....

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