(1) GENERAL POLICIES (2) EXISTING USES

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1 (1) GENERAL POLICIES (d) (e) The policies of Section 20 shall apply to all lands located within the area shown on Schedule A - Land Use and Roads Plan as Oak Ridges Moraine. Schedule E-1 - Oak Ridges Moraine Land Use of this Plan designates the lands within the Oak Ridges Moraine in the following designations: Oak Ridges Moraine Natural Core Area Oak Ridges Moraine Natural Linkage Area Oak Ridges Moraine Countryside Area. The Appendices to this Official Plan include, for reference purposes, excerpts from the Oak Ridges Moraine Conservation Plan, to assist in the interpretation of this Official Plan as it relates to the Oak Ridges Moraine. Where words in Section 20 of this Plan are highlighted, reference should be made to the definitions included in the Oak Ridges Moraine Conservation Plan. For reference purposes, Section 3 - Definitions of the Oak Ridges Moraine Conservation Plan are found in Appendix A-1 to this Plan. All land uses, development, site alteration, and erection, alteration and use of any building or structure (or part thereof) shall comply with the provisions of this Plan, the Oak Ridges Moraine Conservation Plan, and Section 24(13) of this Plan. Where there is a conflict in the policies of this Plan and the Oak Ridges Moraine Conservation Plan or Section 24(13) of this Plan, the more restrictive policies shall apply except for agricultural uses, mineral aggregate operations and wayside pits (in accordance with Section 33 of the Oak Ridges Moraine Conservation Plan). (2) EXISTING USES Existing, legally established land uses are permitted within all land use designations within the Oak Ridges Moraine and nothing in this Plan or the Zoning By-law shall apply to prevent: the use of any land, building or structure for a purpose otherwise prohibited by Section 20 of this Plan, if the land, building or structure was lawfully used for that purposes on November 15, 2001 and continues to be used for the purpose; 150

2 the erection or use of any land for a purpose otherwise prohibited by Section 20 of this Plan for which a permit has been issued under subsection 8(2) of the Building Code Act, 1992 on or before November 15, 2001 provided: (1) the permit has not been revoked under subsection 8(10) of the Building Code Act, 1992; and, (2) the building or structure when erected, is used and continues to be used for the purpose for which it was erected. Nothing in this Plan shall prevent the conversion of an existing use to a similar use, if the applicant can demonstrate that: the conversion will bring the use into closer conformity with this Plan and the Oak Ridges Moraine Conservation Plan; and, the conversion will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. (d) Where an existing use has adverse effects on the ecological integrity of the Oak Ridges Moraine, any application to expand the building, structure on the same lot or use (institutional uses only) or to convert the existing use to a similar use shall be considered with the objective of bringing that use into closer conformity with this Plan and the Oak Ridges Moraine Conservation Plan. For the purposes of this Section, existing shall mean lawfully in existence on November 15, (3) EXPANSION AND RECONSTRUCTION OF EXISTING BUILDINGS OR STRUCTURES Nothing in this Plan shall apply to prevent the expansion of an existing building or structure on the same lot that existed legally on November 15, 2001, if the applicant can demonstrate that: there will be no change in use; and, the expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. 151

3 Nothing in this Plan shall apply to prevent the reconstruction, within the same location(s) and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner s control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use. (4) EXPANSION OF EXISTING INSTITUTIONAL USES Nothing in this Plan shall apply to prevent the expansion of an existing institutional use if the applicant can demonstrate that: there will be no change in use; and, the expansion will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. Institutional uses include such uses as a long-term care facility, hospital, school, university or college. (5) PREVIOUSLY AUTHORIZED USES, BUILDINGS OR STRUCTURES Nothing in this Plan shall apply to prevent the use, erection or location of a single detached dwelling where: the use, erection and location would have been permitted by the applicable Zoning Bylaw on November 15, 2001; and, the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Oak Ridges Moraine Plan Area. Nothing in this Plan shall apply to prevent the use, erection or location of a building or structure where: the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or, the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001 and approved in accordance with subsection 17(1) of the Oak Ridges Moraine Conservation Act,

4 (6) TRANSPORTATION, INFRASTRUCTURE AND UTILITIES Transportation, infrastructure and utilities uses include: (v) (vi) (vii) (viii) public highways; transit lines, railways and related facilities; gas and oil pipelines; sewage and water service systems and line, and stormwater management facilities; power transmission lines; telecommunication lines and facilities, including broadcasting towers; bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed above; and; rights of way required for the facilities listed above. Transportation infrastructure and utilities uses shall conform with the following: The need for the project must be demonstrated and there must be no reasonable alternative for projects within the Oak Ridges Moraine Natural Core Area and the Oak Ridges Moraine Natural Linkage Area designations, subject to the requirements of Section 41(2) and (3) of the Oak Ridges Moraine Conservation Plan. Such uses are prohibited within key natural heritage features and hydrologically sensitive features, including: (1) the upgrading or extension of existing transportation, infrastructure and utilities uses, and, (2) the opening of a road within an unopened road allowance. Such uses may be permitted to cross key natural heritage features and hydrologically sensitive features, subject to the requirements of Section 41(5) of the Oak Ridges Moraine Conservation Plan. 153

5 Service and utility trenches for transportation, infrastructure and utilities shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum. (7) AGRICULTURAL USES Where agricultural uses are permitted within the Oak Ridges Moraine, accessory uses, such as the following, are also permitted: Roadside sale of produce from the farm operation; and, Products manufactured with produce from the farm operation. (8) RECREATIONAL USES AND RECREATIONAL TRAIL SYSTEMS Low intensity recreational uses shall be permitted in all land use designations in the Oak Ridge Moraine Conservation Plan, subject to the provisions of Section 37 of the Oak Ridges Moraine Conservation Plan. In addition, the Town may require an environmental impact study on lands comprising Class 4 to 7 wetlands or within 60 metres of lands containing Class 4 to 7 wetlands, as identified by the Town, Ministry of Natural Resources and/or relevant Conservation Authority. Such environmental impact study shall address: The groundwater policies in Section 21 of this Plan; and, The policies of subsection following. For reference purposes Section 37 of the Oak Ridges Moraine Conservation Plan area found in Appendix A-3 to this Plan. A recreational trail system may be established in all land use designations in the Oak Ridges Moraine Conservation Plan and in all areas of the Town of Mono, subject to the provisions of Section 39 of the Oak Ridges Moraine Conservation Plan. For reference purposes Section 39 of the Oak Ridges Moraine Conservation Plan are found in Appendix A-3 to this Plan. (9) MINERAL AGGREGATE OPERATIONS AND WAYSIDE PITS Existing mineral aggregate operations or existing wayside pits within Oak Ridges Moraine Natural Core Area designations shall not be permitted to expand beyond the boundaries of the area under license or permit. 154

6 Applications for new, or expansions to mineral aggregate operations beyond the existing licensed boundaries of aggregate extraction operations shall require an amendment to this Plan and shall not be approved unless the applicant demonstrates the requirements in Section 35 of the Oak Ridges Moraine Conservation Plan. (10) LOT CREATION For reference purposes Section 35 of the Oak Ridges Moraine Conservation Plan are found in Appendix A-3 to this Plan. New lots may be created in Oak Ridges Moraine in accordance with Section 20(11) of this Plan and in accordance with the following: (v) The severance is intended to recreate rural lots that have merged in title, along the original lot lines or original half lot lines. The severance will add land to an existing lot, provided the severance does not result in the creation of a lot which is undersized for its existing or intended use. The severance is for a transportation, infrastructure or utilities use, as defined in Section 20(6) of this Plan, but only if the need for the project has been demonstrated and there is no reasonable alternative. The severance is for the purpose of conveying lands for natural heritage conservation purposes to a public or non-profit agency. The severance is to create separate lots for different, legally established land uses at the time of the application for severance. (d) Each lot shall have sufficient net developable area to accommodate the proposed uses(s), building(s) and structure(s) without encroachment into key natural heritage features or hydrologically sensitive features. The lot creation shall not extend or promote strip development. Lot creation approvals shall include a site plan or other agreement with the applicant to establish conditions which provide for the maintenance and/or restoration of natural self-sustaining vegetation on the lot(s) in order to ensure the long-term protection of any key natural heritage feature(s) or hydrologically sensitive feature(s) on the lot. 155

7 (e) For the purposes of this section: Original half lot shall mean half of an original lot that contained approximately 80.9 hectares; Original lot shall mean a township lot shown on a plan certified by the Surveyor General of Ontario as being the original plan of an original survey; Rural lot shall mean a lot that is at least 97.5% of the land that is left in an original lot, or an original half lot after the deduction of land that is: (11) DEVELOPMENT REVIEW (1) Conveyed at any time for transportation, utilities and infrastructure uses, as defined in Section 20(6) of this Plan whether conveyed on or after November 16, 2001; or (2) Validly conveyed before June 27, All development and site alteration shall be subject to the provisions of the Oak Ridges Moraine Conservation Plan, including the provisions of Part Protecting the Ecological and Hydrological Integrity of that Plan. The following policies identify the central principles of that Plan; however, applications for development shall be reviewed for conformity with all policies contained within the Oak Ridges Moraine Conservation Plan. For reference purposes Part 111 of the Oak Ridges Moraine Conservation Plan are found in Appendix A-2 to this Plan. The Table found in Part 111 of the Oak Ridges Moraine Conservation Plan identifies minimum areas of influence and minimum vegetative protection zones related to key natural heritage and hydrologically sensitive features. Development or site alteration shall be prohibited within key natural heritage and/or hydrologically sensitive features and within the identified minimum vegetative protection zone related thereto. Schedules E-2, E-3, and E-4 identify key natural heritage feature(s) and hydrologically sensitive feature(s) within the Oak Ridges Moraine Conservation Plan. The boundaries of features identified on Schedules E-2, E-3, and E-4 to this Plan may be further refined on the basis of more detailed mapping established through further study undertaken in accordance with the Oak Ridges Moraine 156

8 Conservation Plan, and such boundary adjustments do not require an amendment to this Plan. (d) (e) Applications for development or site alteration shall maintain, to the greatest extent possible, linkages for plant and animal movements between key features. Applications for development or site alteration shall address the stormwater management provisions of Section 45 and 46 of the Oak Ridges Moraine Conservation Plan. For reference purposes, Sections 45 and 46 of the Oak Ridges Moraine Conservation Plan are found in Appendix A-3 to this Plan. (f) Every application for major development shall satisfy the requirements of Sections 30(8), 43 and 45 of the Oak Ridges Moraine Conservation Plan respecting landform conservation, sewage and water services and stormwater management. For reference purposes, Sections 30(8), 43 and 45 of the Oak Ridges Conservation Plan are found in Appendix A-3 to this Plan. (g) Major development will be prohibited after April 23, 2007 unless: a watershed plan has been completed by the municipality and/or Conservation Authority and the major development proposal conforms with the watershed plan satisfies the requirements of Section 24 of the Oak Ridges Moraine Conservation Plan, and a water budget and conservation plan is provided which demonstrates a sustainable water supply for the major development and satisfies the requirements of Section 25 of the Oak Ridges Moraine Conservation Plan. For reference purposes, Sections 24 and 25 of the Oak Ridges Moraine Conservation Plan are found in Appendix A-2 to this Plan. (h) Construction or expansion of partial services is prohibited within the Oak Ridges Moraine, except where required to address a serious health or environmental concern, or where approved under the Environmental Assessment Act before November 17, 2001 and the period of time during which the construction or expansion may begin has not expired. 157

9 (j) New rapid infiltration basins and/or new rapid infiltration columns, as defined in Section 37 of the Oak Ridges Moraine Conservation Plan, are prohibited within the Oak Ridges Moraine. An application for site plan approval under the Planning Act is not required to comply with Section 20 of this Plan where the application relates to lands in respect of which any of the following was commenced before November 17, 2001 and approved after that date: an application for an amendment to Zoning Bylaw under the Planning Act; an application for approval of a plan of subdivision under Section 51 of the Planning Act; or, an application for approval, or exemption from approval, for a plan of condominium under Section 9 the Condominium Act, (k) (l) Site plan approvals shall include a condition directing the maintenance or restoration of any key natural heritage feature(s) or hydrologically sensitive feature(s) on the lot. The Oak Ridges Moraine Technical Guidelines shall assist in the identification and evaluation of key natural heritage feature(s) or hydrologically sensitive feature(s). (m) Any application for development or site alteration within a Landform Conservation Area 1 as identified on Schedule E-3 shall limit site disturbance to not more than 25% of the total site area. (n) Any application for development or site alteration within a Landform Conservation Area 2 as identified on Schedule E-3 shall limit site disturbance to not more than 50% of the total site area. (o) The following uses are prohibited within lands identified as Areas of High Aquifer Vulnerability on Schedule E-4: Private hazardous, toxic or industrial liquid waste disposal, storage, handling, transfer, processing and/or recycling facilities; Home industries that may include automotive wrecking and salvage yards; bulk tire storage; a contractors outdoor storage facility and/or repair yard, warehousing, storage or refining of petroleum-related products or chemicals; furniture refinishing; or, a paint shop; 158

10 (v) (vi) (vii) (viii) Sewage treatment lagoons; Snow and road salt storage/disposal facilities; Organic soil conditioning sites; Intensive livestock operations and associated manure storage and manure application operations and/or certain farming operations such as ginseng and tobacco production; Abattoirs and rendering facilities; and, Any use which includes underground or above-ground storage tanks not equipped with an approved secondary containment device. (12) NATURAL CORE AREA Purpose The Oak Ridges Moraine Natural Core Areas have been identified as areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. The primary purpose of the Oak Ridges Moraine Natural Core Area designation is to maintain and, where possible, improve and restore the ecological integrity of the Oak Ridges Moraine Plan Area. Permitted Uses Where lands are shown as Oak Ridges Moraine Natural Core Area on Schedule E-1, the following uses are permitted within the Oak Ridges Moraine Natural Core Area designation area, subject to Section 20(11) of this Plan: (v) (vi) Fish, wildlife and forest management activities; Conservation projects and flood and erosion control projects; Agricultural uses; Transportation, infrastructure and utilities (subject to Section 20(6) of this Plan); Home businesses; Home industries; (vii) Bed and breakfast establishments; 159

11 (viii) (ix) (x) (xi) Farm vacation homes; Unserviced parks; Single detached dwelling, in accordance with Section 20(5); and, Uses accessory to the uses listed above. Lot Creation in the Oak Ridges Moraine Natural Core Area Lot Creation within the Oak Ridges Moraine Natural Core Area designation shall be in accordance with Section 20(10) of this Plan. (13) NATURAL LINKAGE AREA Purpose The Oak Ridges Moraine Natural Linkage Areas have been identified as areas forming part of a central corridor systems that supports, or has the potential to support, the movement of plants and animals between lands designated Oak Ridges Moraine Natural Core Area and Oak Ridges Moraine Natural Linkage Area. The primary purpose of the Oak Ridges Moraine Natural Linkage Area designation is to maintain and, where possible, improve and restore the ecological integrity of the Oak Ridges Moraine Plan Area and to maintain and, where possible, improve and restore regional-scale open space linkages between lands in the Oak Ridges Moraine Natural Core Area and along river valleys and stream corridors. Permitted Uses Where lands are shown as Oak Ridges Moraine Natural Linkage Area on Schedule E-1, the following uses are permitted within the Oak Ridges Moraine Natural Linkage Area designation area subject to Section 20(11) of this Plan: (v) Fish, wildlife and forest management activities; Conservation projects and flood and erosion control projects; Agricultural uses; Transportation, infrastructure and utilities (subject to Section 20(6) of this Plan; Home businesses; 160

12 (vi) (vii) (viii) (ix) Home industries; Bed and breakfast establishments; Farm vacation homes; Unserviced parks; (x) Single detached dwelling, in accordance with Section 20(5). (xi) (xii) Subject to Section 20(9), mineral aggregate operations and wayside pits; and, Uses accessory to the uses listed above. Lot Creation in the Oak Ridges Moraine Linkage Area Lot creation within the Oak Ridges Moraine Linkage Area designation shall be in accordance with Section 20(10) of this Plan. (14) COUNTRYSIDE AREA Purpose The Oak Ridges Moraine Countryside Areas have been identified as areas where agricultural and other rural uses are encouraged through protection of prime agricultural areas and through other support for continued agricultural and rural land uses. Permitted Uses Where lands are shown as Oak Ridges Moraine Countryside Area on Schedule E-1, the uses permitted shall be the uses permitted within the Oak Ridges Moraine Natural Linkage Area designation area. Lot Creation in the Oak Ridges Countryside Area Lot creation within the Oak Ridges Moraine Countryside Area designation shall be in accordance with Section 20(10) of this Plan. 161

13 SECTION 21 GROUNDWATER RESOURCES (1) BASIC OBJECTIVES The basic objectives which form the basis of the groundwater resource policies and the delineation of Groundwater Protection Areas are as follows: To eliminate or minimize potential land use impacts on groundwater resources, including recharge and discharge areas and aquifers; To promote public awareness and education with respect to the significance of, and measures to protect, groundwater resources; To recognize and protect significant groundwater resources within the municipality; (d) (e) (f) (g) To maintain the function of groundwater recharge and discharge areas, headwaters, and aquifers using best management practices and accepted Provincial and local engineering standards; To establish appropriate setbacks and buffering from groundwater recharge and discharge areas, wellhead protection areas and headwaters; To discourage land use activities that are dependent upon the withdrawal and use of significant amounts of ground and/or surface water resources and to discourage land uses that generate significant discharges to ground or surface water features; and, To encourage all industrial and commercial operations, existing or proposed, which use materials that could be hazardous to ground and surface water features to prepare a spills and containment plan. (2) WATER QUALITY AND QUANTITY The Town will utilize its powers under the Planning Act to control land uses, development and site alteration in and adjacent to, areas containing significant groundwater resources. The Town will identify areas containing municipal water supply, vulnerable aquifers or other groundwater resources in the Official Plan on Figure 4 Sourcewater Protection Area and Groundwater Vulnerability and provide for the protection and conservation of groundwater resources in these areas. The Town will encourage the sustainable use of groundwater resources so as not to significantly reduce the quantity or quality of water resources. 162

14 SECTION 21 GROUNDWATER RESOURCES (d) All new development will be required to adopt water conservation measures. (3) WATERSHED AND SUBWATERSHED PLANNING (d) (e) Council shall support the preparation and updating of Watershed and Subwatershed Plans for all watershed areas and subwatershed areas within the Town. These Watershed and Subwatershed Plans may be prioritized for certain watersheds and subwatersheds, based on existing and planned development levels for, or the particular environmental conditions of these areas. For the purposes of this Plan, a watershed is defined as an area of land drained by a river and its tributaries and a subwatershed is defined as an area of land drained by a watercourse and its tributaries and forms part of a larger watershed. Council shall assist the relevant Conservation Authority in the co-ordination and preparation of Watershed and Subwatershed Plans. Applications for development will be reviewed within the context of the recommendations and management strategies of the relevant Watershed and/or Subwatershed Plan, where available. Watershed plans will include: A detailed identification and integrated analysis on a broad ecosystem approach, of the natural heritage features, areas, functions and linkages on a watershed basis; Delineation of subwatershed and planning areas; and, Management strategies and watershed policies for the implementation and monitoring of the Watershed Plan. (f) Subwatershed plans will include: A detailed identification and integrated analysis on a local ecosystem approach, of the natural heritage features and areas on a subwatershed basis; A characterization of the subwatershed in terms of the environmental resources, existing environmental issues and overall goals for the subwatershed; 163

15 SECTION 21 (v) GROUNDWATER RESOURCES Preparation of a prediction impact analysis to determine the potential for stressors within the subwatershed; Identification of alternative management solutions for the watershed; A detailed water budget for the subwatershed area, where appropriate; and, (vi) Detailed management strategies for the implementation of the Subwatershed Plan including guidelines for development, site management, stormwater management strategies and ongoing monitoring programs for the subwatershed plan. (g) (h) Stormwater management plans submitted with development applications shall conform with the recommendations and management strategies of the relevant Watershed and/or Subwatershed Plan, where available. Stormwater management plans shall also conform to the stormwater management standards of the relevant Conservation Authority and Ministry of the Environment, and any other Authority having jurisdiction. Stormwater management plans should evaluate the implementation of sustainable stormwater management practices such as low impact development ( LID ) techniques. (4) GROUNDWATER PROTECTION AREAS The Town will identify Ground Water Proteciton Areas in the Official Plan on Schedule F Well Head Protection Areas, based on available information. As more detailed information becomes available, the Town may further categorize Well Head Protection Areas, or portions thereof, based on their specific characteristics and/or sensitivity. Within those portions of the Town affected by the Oak Ridges Moraine Conservation Plan, the policies of Section 20 of this Plan shall apply. The Town will utilize its powers under the Planning Act to control land uses within Groundwater Protection Areas which pose a risk to municipal water supply, vulnerable aquifers or other groundwater resources. Within Groundwater Protection Areas, the uses permitted shall be in accordance with the land use designation on Schedule A - Land Use Plan. 164

16 SECTION 21 GROUNDWATER RESOURCES (d) Within Groundwater Protection Areas, any new development which requires an amendment to this Plan or an amendment to the Zoning Bylaw or development permit from the Niagara Escarpment Commission will only be permitted in accordance with these policies and such applications will be considered in accordance with the following: The effect of the proposed use on the quality and quantity of existing domestic and/or municipal wells in an area that may be affected by the proposed development; and, The effect of the proposed use on the groundwater recharge function and related natural heritage systems, including the potential for impact on surface water resources such as lakes, ponds, wetlands, and rivers, streams and their tributaries. (e) (f) (g) The Town will consult with the appropriate agencies, including the relevant Conservation Authority, in reviewing these applications. Further to sub-section above, for the purposes of this Plan, land uses permitted by the land use designations on Schedules A and C will be subject to the policies of this Section of the Plan in order to evaluate any potential risks from the development of these uses in Groundwater Protection Areas. Generally, these uses will be categorized as follows: Category I Category II Private waste disposal, storage, handling, transfer, processing and/or recycling facilities liquid wastes; Automotive wrecking and salvage yards or bulk tire storage; Warehousing, storage or refining of petroleum-related products or chemicals; and, Commercial water taking and/or commercial water bottling operations. Sewage treatment lagoons; Automobile service and gas stations; Foundries, refining, metal casting and finishing operations; Textile and/or leather manufacturing, processing or cleaning; Manufacturing of such materials/products as fabricated metal, chemical, paint, pharmaceutical, electronic, cable, wire, automotive, wet electrical/battery and related or similar products; Leather tanning and finishing; Permanent asphalt batching plants; Preservation and treatment of wood and wood products; and, 165

17 SECTION 21 GROUNDWATER RESOURCES Snow and road salt storage/disposal facilities. Category III Livestock operations and associated manure storage and manure application operations; Abattoirs and rendering facilities; Certain farming operations, such as ginseng and tobacco; Airports and major transit terminals; Automotive repair facilities; Manufacturing of such materials/products as electrical appliances, equipment and motors, dry batteries, soaps and toiletry products, lighting fixtures, rubber, glass and glass products, paper, newsprint and boxes, plastic and foam; Automated production of baked goods, canned goods, frozen foods, processed food and processed meat; Medical, health and other laboratories; and, Contractors storage facilities and/or repair yards. (h) All Category I uses shall be prohibited within Groundwater Protection Areas except where existing zoning permits such uses. The Town, through site plan approval, may require the applicant to submit information to address the provision of Section 21(4) and shall require the applicant to provide a Spills and Contaminant Plan in accordance with Section 21(6)(k). All Category II and III uses shall be discouraged within the Groundwater Protection Areas, however, where permitted by the applicable land use designation on Schedule A, zoning bylaw amendments, a development permit from the Niagara Escarpment Commission, and/or site plan approval may be considered, subject to the submissions of the following: a hydrogeological study which identifies the existing groundwater and surface water conditions on the subject property, on down-gradient properties and, where relevant, on municipal well systems; a disclosure report which identifies the nature of the proposed operation and the substances and products that are to be used and/or stored on-site; an assessment of groundwater and/or surface water quantity impacts arising from the proposed operation; recommended mitigative measures for the design, construction and monitoring of the proposed facilities; and, 166

18 SECTION 21 (v) GROUNDWATER RESOURCES preparation of a spill prevention and contingency plans to avoid and mitigate the effects of contaminant spillages. (j) (k) (l) Where Official Plan Amendment, development permits under the Niagara Commission Plan, and/or Zoning Bylaw Amendment to permit the development of a Category I, II or III use is proposed on lands outside of those identified as Groundwater Protection Areas, the Town shall require the submission of studies in accordance with Section 21(4)ij) of this Plan, in order to evaluate any potential risks from the development of these uses on ground and/or surface water resources. If the Town further categorizes Groundwater Protection Areas based on their specific characteristics and/or sensitivity (in accordance with Section 21(4) herein), it may further differentiate the Category II and Category III uses permitted therein. Within areas identified as Groundwater Protection Areas, the Town may require a preliminary hydrogeological assessment for all applications for consents in these areas. 5. COMMERCIAL WATER OPERATIONS For the purpose of this Plan, a commercial water taking and/or water bottling operation shall be considered to be an industrial use and shall only be permitted subject to an application for an Amendment to the Official Plan and Zoning Bylaw. Commercial water bottling operations shall only be permitted in conjunction with a commercial water taking operation. Any application under the Planning Act to permit a commercial water taking and/or water bottling operations shall submit the following: All materials filed with the Permit to Take Water application under the Ontario Water Resources Act. The Town will encourage applicants to ensure that all materials filed with an application for Permit to Take Water address the following sections,,, and (vi); A hydrogeological study which identifies the existing groundwater and surface water conditions on the subject property, on down-gradient properties and, where relevant, on municipal well systems; A hydrogeological assessment of the potential for groundwater and/or surface water quantity impacts arising from the proposed operation on the 167

19 SECTION 21 GROUNDWATER RESOURCES groundwater resource conditions in the area and any mitigative measures proposed to address these potential impacts; (v) (vi) A hydrogeological and engineering assessment of groundwater and/or surface water quantity impacts arising from the proposed operation on existing and planning lands uses in the area and any mitigative measures proposed to address these potential impacts; A traffic analysis identifying the haulage routes for transport of the product to and from the operation and the capacity of the roads to accommodate the projected traffic; Any studies required in accordance with the recommendations and management strategies of the relevant Watershed and/or Subwatershed Plan, where applicable; (vii) A noise study identifying potential stationary operational and/or transportation noise impacts on adjacent sensitive land uses, where applicable; (viii) Additional studies as may be required by any public agency during the review of an application. (d) All commercial water taking and/or water bottling operations shall be subject to site plan control and shall be required to enter into a site plan agreement with the Town. These policies shall not apply to any approved permits for commercial water taking existing at the date of adoption of these policies. 6. GROUNDWATER RESOURCE MANAGEMENT - GENERAL IMPLEMENTATION The Town will participate in initiatives which identify, assess and manage groundwater resources, such as: Public awareness and education programs; Watershed and subwatershed planning studies; Environmental monitoring programs; Land stewardship and land conservation trust programs; and/or, 168

20 SECTION 21 (v) GROUNDWATER RESOURCES Best Management Practices for all municipal operations and functions. (d) (e) (f) (g) (h) Approvals of any plan of subdivision to be serviced by private sewage disposal systems shall include requirements for groundwater monitoring. The Town will review and amend its Zoning Bylaws, as appropriate, to implement the groundwater resource policies of this Plan, including amending the land uses permitted within Groundwater Protection Areas. Where existing land uses are prohibited within Groundwater Protection Areas by the policies of this Plan, they may be recognized as legal non-conforming uses. It is the policy of this Plan that such lands ultimately develop to a use in conformity with the policies of this Plan. The Town may implement holding bylaws, in accordance with the Planning Act, for lands identified on Schedule A to this Plan. These holding bylaws may restrict land use in these areas to those uses existing at the date of adoption of these policies. The holding provisions will be removed by amendment to the Zoning Bylaw where the Town is satisfied that the relevant policies and studies of Section 21 of this Plan have been addressed, including any required peer review related thereto. Within areas identified as Groundwater Protection Areas, the Town may require a preliminary hydrogeological assessment for all applications for consents in these areas. Within areas identified as Groundwater Protection Areas, the Town may require a preliminary hydrogeological assessment for any site decommissioning activities in order to evaluate the potential for adverse impact on ground and/or surface water resources occurring during or after the decommissioning activities. The Town shall require external peer review of any studies submitted in support of the Official Plan Amendment and Zoning Bylaw Amendment to permit development within Groundwater Protection Areas and the applicant shall be responsible for the costs of any peer review undertaken by the Town. The Town will enter into an agreement with the applicant regarding the administration of such costs. The Town may require, as a condition of approval of any Category I, II or III land use, the establishment of a monitoring program to assess the long term and cumulative effects of the water taking on the groundwater resources. The Town will consult with relevant agencies prior to establishing the requirements for the monitoring program. 169

21 SECTION 21 GROUNDWATER RESOURCES Some development proposals may require a Permit to Take Water application filed under the Ontario Water Resources Act. Where a development has been proposed, the Town may require the submission of the following: a hydrogeological study which identifies the existing groundwater and surface water conditions on the subject property, on down-gradient properties and, where relevant, on municipal well systems; a disclosure report which identifies the nature of the proposed operation and the substances and products that are to be used and/or stored on-site; an assessment of groundwater and/or surface water quantity impacts arising from the proposed operation; and, recommended mitigative measures for the design, construction and monitoring of the proposed facilities. The Town, in consultation with the relevant Conservation Authority, may consider whether such development application(s) should require the preparation of a subwatershed study, in accordance with Section 21(3) of this Plan. (j) (k) (l) (m) The Town will encourage the Province to consult with the municipality and relevant Conservation Authority on all applications for Permits to Take Water under the Ontario Water Resources Act, including applications to existing Permits to Take Water which see to increase the amount of the water taking. The Town shall require the inclusion of the physical components of a spills and contaminant plan as part of site plan approval for all commercial and industrial uses. The Town may require Letters of Credit to secure municipal requirements associated with the approval of development applications in Groundwater Protection Areas. The Town shall enact Nutrient Management Bylaws to define requirements for intensive livestock operations that will result in the protection of ground and surface water. 170

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