O. Reg. 423/12: DEVELOPMENT WITHIN THE DEVELOPMENT CONTROL AREA

Link to law: http://www.ontario.ca/laws/regulation/r12423
Published: 2012-12-18

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ontario regulation 423/12

made under the

Niagara Escarpment Planning and Development Act

Made: December 5, 2012
Filed: December 18, 2012
Published on e-Laws: December 18, 2012
Printed in The Ontario Gazette: January 5, 2013


Amending Reg. 828 of R.R.O. 1990

(DEVELOPMENT WITHIN THE DEVELOPMENT CONTROL AREA)

1. (1) Subsection 1 (1) of Regulation 828 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“front wall” means the wall of a building or structure that is located nearest to the front lot line;

(2) The definition of “general agricultural development” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“general agricultural development” means a class of development whereby land, buildings or structures are used for the purpose of forestry, cultivation of trees and nursery stock, maple sugar harvesting, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry raising, beekeeping, the operation of glass or plastic covered greenhouses, and such uses as are customarily and normally related to agriculture, but does not include,

(a) special agricultural development, or

(b) the construction of an equestrian racetrack or sand ring or any class of development whereby land, buildings or structures are used for the purpose of an equestrian event or a horseback riding school;

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“professional forester” means a person who holds a certificate of registration under the Professional Foresters Act, 2000;

(4) The definition of “special agricultural development” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“special agricultural development” means a class of development whereby land, buildings or structures are used for the purpose of intensive livestock, poultry, cattle or other farm operations and includes use as a piggery, a turkey, game bird or chicken farm or hatchery, a fur farm, a mushroom farm, an animal kennel, a farm for the keeping or display of exotic animals, an aquaculture facility and a feed lot area or manure storage area;

(5) The definition of “structure” in subsection 1 (1) of the Regulation is revoked.

(6) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“wind machine” means an engine-driven fan that is used for protecting horticultural crops from damage due to cold air and frost;

2. (1) Paragraph 3 of section 5 of the Regulation is revoked and the following substituted:

3. The maintenance, repair, reconstruction or demolition of land, buildings or structures that is required by an order or other instrument issued under an Act by a public authority for the purpose of ensuring public safety or health.

3.1 The environmental remediation of land, buildings or structures that is required by an order or other instrument issued under an Act by a public authority.

(2) Paragraph 4.3 of section 5 of the Regulation is revoked and the following substituted:

4.3 The maintenance, repair or renewal of highways or municipal roads if the maintenance, repair or renewal does not,

i. open an unopened road allowance,

ii. expand the width of the road,

iii. change the road from a seasonal to a year round road,

iv. change the surface of the road from gravel to pavement, or

v. require road cuts and contour changes.

4.4 The maintenance, repair or cleaning of drainage ditches and swales along highways and municipal roads, including the replacement of culverts associated with driveway lanes and entrances onto municipal roads and highways.

4.5 The maintenance or repair of slopes and retaining walls within the road allowance of highways and municipal roads.

4.6 The maintenance or repair of rock faces or cliffs associated with road cuts, including the mechanical scaling of rock cliffs within the road allowance required for safety purposes.

4.7 The maintenance or repair of rock faces or cliffs associated with hydroelectric facilities, including the mechanical scaling of rock cliffs required for safety purposes.

(3) Paragraphs 5, 6 and 7 of section 5 of the Regulation are revoked and the following substituted:

5. The construction, erection, installation, maintenance, repair or renewal of sidewalks, curbs, gutters, street signs and street lights on municipal roads and highways and the maintenance and renewal of driveway lanes and entrances onto municipal roads and highways.

6. The maintenance, repair or renewal of sewers, mains, pipes, cables, including fiber optic cables, wire or other apparatus connected with public utilities, including equipment shelters and lockers, and the breaking open of any municipal road or highway or other land for this purpose.

6.1 The construction or installation of sewers, mains, pipes, cables, including fiber optic cables, wire or other apparatus connected with public utilities, including equipment shelters and lockers, in an area designated as an Urban Area in the Niagara Escarpment Plan.

7. Subject to paragraphs 8, 9, 9.1, 9.2, 10, 11, 13, 13.1, 13.2, 13.3, 20 and 31, general agricultural development.

(4) Subparagraph 8 i of section 5 of the Regulation is revoked and the following substituted:

i. The cultivation of soil, including the picking and removal of field rocks and stones, but not including the stripping, removal or stockpiling of topsoil, earth, rock, sand, gravel or other aggregate material, the addition of fill or the construction of a berm.

(5) Subparagraph 8 iv of section 5 of the Regulation is revoked and the following substituted:

iv. The installation or operation of a water irrigation system that does not include the construction of a pond or the alteration of a stream or watercourse.

(6) Paragraph 8 of section 5 of the Regulation is amended by adding the following subparagraph:

vi. The spreading of manure and similar farm waste and processed municipal bio-solids in accordance with the Nutrient Management Act, 2002 and the Clean Water Act, 2006.

(7) Paragraph 9 of section 5 of the Regulation is amended by adding the following subparagraphs:

v. In the case of an equestrian facility or horse barn, the structure is not greater in size than 450 square metres, not greater in height than 10 metres to the roof peak and does not contain a dwelling.

vi. The building, structure or facility meets the setback requirements calculated under the minimum distance separation formulae as defined in the Niagara Escarpment Plan.

vii. The lot is not identified as an Agricultural Purposes Only Lot in the Niagara Escarpment Plan.

(8) Section 5 of the Regulation is amended by adding the following paragraphs:

9.1 The conversion and use of agricultural buildings, structures and facilities from one type of livestock, animal husbandry or poultry farming to another on a lot with an area of at least 20 hectares, if the minimum distance separation formulae as defined in the Niagara Escarpment Plan are met and such conversion and use is in accordance with the Nutrient Management Act, 2002

and the Clean Water Act, 2006.

9.2 The installation of a wind machine if the structure is set back 25 metres from any lot line and 125 metres from the nearest dwelling on another lot.

(9) Subparagraph 10 i of section 5 of the Regulation is revoked and the following substituted:

i. The pond is not located within the Escarpment Natural Area of the Niagara Escarpment Plan nor within a wetland as defined by the Niagara Escarpment Plan.

(10) Paragraph 10 of section 5 of the Regulation is amended by adding the following subparagraph:

vii. The pond does not require the use of water from a well.

(11) Paragraphs 11.1 and 11.2 of section 5 of the Regulation are revoked and the following substituted:

11.1 The extension of a single dwelling if, on completion of the extension, the height of the extension does not exceed the height of the original dwelling, the total surface area occupied by the extension does not exceed 93 square metres and the dimensions of the extension are such that either,

i. the yard depth of the lot on which the extension occurred meets the following conditions:

A. the side yard depth is at least 4.5 metres,

B. the rear yard depth is at least 7.5 metres, and

C. the front yard depth is at least 15 metres, or

ii. if the yard depth of the lot on which the single dwelling is situated was less than the yard depth described in sub-paragraph i before the extension was begun, the yard depth of the lot, determined in relation to the extension alone, meets the conditions described in subparagraph i.

11.2 A change to the height or pitch of a roof of a single dwelling, or of a building or structure that is accessory to a single dwelling, for the purpose of maintenance, repair or renewal if,

i. the total floor area of the dwelling, building or structure is not increased,

ii. the height of the dwelling, building or structure is not increased by more than 2.5 metres, and

iii. one of the following conditions is met:

A. In the case of a dwelling, building or structure that before the change had a roof line of 7.5 metres or less in height, the height of the roofline of the dwelling, building or structure after the change does not exceed 7.5 metres.

B. In the case of a dwelling, building or structure that before the change had a roof line of more than 7.5 metres in height, the height of the roof line of the dwelling, building or structure after the change does not exceed the height of the highest part of the roof line as it was before the change.

(12) Subparagraph 11.3 i of section 5 of the Regulation is amended by striking out “30 metres” at the end and substituting “15 metres”.

(13) Subparagraph 11.3 iii of section 5 of the Regulation is amended by striking out “56 square metres” and substituting “72 square metres”.

(14) Paragraphs 13, 13.1 and 13.2 of section 5 of the Regulation are revoked and the following substituted:

13. Subject to any applicable municipal by-law or regulation made under any Act that regulates the cutting of trees, the cutting, destruction, removal, pruning, relocation or transplantation of trees on a lot, if the trees are cut, destroyed, removed, pruned, relocated or transplanted for any of the following purposes or reasons:

i. as part of the normal operation of a Christmas tree farm, nursery or orchard,

ii. because the trees constitute a safety hazard,

iii. because the trees are dead or diseased or have been damaged by natural causes and not by human intervention,

iv. for the maintenance of oil and gas pipelines, distribution lines and corridors,

v. for the maintenance of electric power distribution lines and corridors,

vi. for the connection, repair and maintenance of public utilities to approved buildings and structures,

vii. for the maintenance of open public roads and road allowances immediately adjacent to them,

viii. for the maintenance of existing recreational trails,

ix. for personal use by the owner of the lot on which the trees to be cut, destroyed, removed or pruned are situated, if no sale occurs of the trees or any wood products created from the cutting, destruction, removal or pruning of the trees,

x. for controlling exotic pests and diseases through programs authorized or undertaken by public authorities having jurisdiction to prescribe such control,

xi. for forest fire control or controlled burning through programs authorized or undertaken by public authorities having jurisdiction to prescribe such control.

13.1 The non-commercial cutting, destruction, removal, pruning, relocation or transplanting of trees on a lot that is not greater than 0.8 hectares in area, if,

i. the cutting, destruction, removal, pruning, relocation or transplanting is carried out in accordance with good forestry practices, and

ii. there is a municipal by-law governing the cutting, destruction, removal, pruning, relocation or transplanting and all operations are carried out in accordance with the by-law.

13.2 Subject to any municipal by-law that regulates the cutting of trees, the cutting, destruction, removal, pruning, relocating or transplanting, in accordance with good forestry practices, of not more that 10 per cent of the trees within a 10-year period on a lot that is greater than 0.8 hectares in area, if, in the case of an Area of Natural Scientific Interest (Life Science) that is in public ownership, the trees are cut, destroyed, removed, pruned, relocated or transplanted only where it is necessary to maintain the values for which the area was acquired, for emergency access, where existing agreements are in effect, or to implement uses permitted in approved Park and Open Space Plans that are not in conflict with the Niagara Escarpment Plan.

13.3 The cutting, destruction, removal, pruning, relocating or transplanting of more than 10 per cent of the trees within a 10-year period on a lot that is greater than 0.8 hectares in area, if the trees are cut, destroyed, removed, pruned, relocated or transplanted in accordance with,

i. the Crown Forest Sustainability Act, 1994, the Forestry Act, the Conservation Authorities Act or a by-law made under the Municipal Act, 2001, and, in the case of an Area of Natural Scientific Interest (Life Science) that is in public ownership, the trees are cut, destroyed, removed, pruned, relocated or transplanted only where it is necessary to maintain the values for which the area was acquired, for emergency access, where existing agreements are in effect or to implement uses permitted in approved Park and Open Space Plans that are not in conflict with the Niagara Escarpment Plan, or

ii. a forest management plan, including tree cutting prescriptions, recommended by the Ministry of Natural Resources, a conservation authority or a professional forester, that,

A. uses tree cutting and management methods designed to minimize adverse effects on the natural environment, including surface drainage and groundwater,

B. minimizes disruption of habitats for plants and animal species occurring in the area,

C. retains the diversity of native tree species and other plant and animal species,

D. aims over the long term to maintain and enhance the quality and productivity of the forest site,

E. minimizes cutting and tree management within highly sensitive areas such as steep slopes, unstable soils, stream valleys, wetlands and areas of significant groundwater recharge and discharge,

F. includes natural regeneration or rehabilitation through reforestation where necessary, and

G. in the case of an Area of Natural Scientific Interest (Life Science) that is in public ownership, permits tree cutting only where it is necessary to maintain the values for which the area was acquired, for emergency access, where existing agreements are in effect or to implement uses permitted in approved Park and Open Space Plans that are not in conflict with the Niagara Escarpment Plan.

(15) Paragraph 14 of section 5 of the Regulation is revoked and the following substituted:

14. The maintenance, repair, replacement or decommissioning of a private sewage disposal system that services only the lot on which it is located.

(16) Subparagraph 16 i of section 5 of the Regulation is amended by striking out “2.7 metres” and substituting “2.5 metres”.

(17) Paragraph 16 of section 5 of the Regulation is amended by adding the following subparagraph:

v. If the swimming pool, spa or hot tub is located on a lot containing part of the Escarpment brow as defined in the Niagara Escarpment Plan in which the brow is formed by a rock cliff, the water area of the swimming pool, spa or hot tub is set back at least 10 metres from the location of the brow on the lot.

(18) Paragraph 17 of section 5 of the Regulation is amended by striking out “the establishment of trails” and substituting “the establishment of hiking or cross-country ski trails”.

(19) Paragraph 18 of section 5 of the Regulation is revoked and the following substituted:

18. The installation of electric power distribution lines, operating at a nominal voltage not exceeding 50 kilovolts by,

i. burying the lines underground, or

ii. using poles not exceeding a height of 18.9 metres to carry them if the distribution lines are,

A. located on or immediately adjacent to public road allowances, or

B. located on easements for such distribution lines contained in a registered plan of subdivision or condominium.

18.1 The installation of electric power distribution lines of any voltage if they are added to and carried on existing poles, towers or similar structures that were approved and intended for this purpose.

(20) Section 5 of the Regulation is amended by adding the following paragraphs:

19.1 The recycling and reprocessing of materials originally produced from aggregate as defined under the Niagara Escarpment Plan within an area licensed for a pit or quarry in the area identified for extraction on the site plans approved under the Aggregate Resources Act if the following conditions are met:

i. The recycling and reprocessing use shall be incidental and subordinate to the mineral resource extraction operation licensed pursuant to the Aggregate Resources Act and shall not continue after extraction of on-site aggregate materials is complete.

ii. The appropriate amendments to the site plans under the Aggregate Resources Act have been obtained from the Ministry of Natural Resources and the site plan shows the recycling location as a separate specific delineated area.

iii. The recycling and reprocessing use shall be operated by the licensee or for the licensee in accordance with the licence and site plans under the Aggregate Resources Act.

iv. All waste materials not used in recycling and reprocessing, including steel and rebar shall be removed from the site and not permanently stored or stockpiled.

v. Recyclable asphalt materials will not be stockpiled within 30 metres of any natural or artificial water body or pond or within 2 metres of the surface of the established water table.

vi. The recycling and reprocessing use is limited to crushing, washing, processing, stockpiling, blending and hauling the materials to and from the licensed site but does not include activities specified in subparagraph 19 iv.

vii. The recycled and reprocessed materials shall not be used in the site rehabilitation, berming or screening of the pit or quarry.

viii. Any required permits, approvals, certificates and similar authorizations for the recycling and reprocessing use have been obtained from the Ministry of the Environment.

19.2 The demolition or removal of all or part of any building or structure within an area licensed for a pit or quarry so that extraction can occur within the area identified for extraction on the site plans approved under the Aggregate Resources Act, subject to any terms and conditions that apply to such buildings and structures on the licence or the site plan.

(21) Paragraph 21 of section 5 of the Regulation is amended by,

(a) striking out “15 metres” at the end of subparagraph iv and substituting “10 metres”; and

(b) adding the following subparagraph:

v. If the dwelling is located on a lot that contains part of the Escarpment brow as defined in the Niagara Escarpment Plan in which the brow is formed by a rock cliff, the patio, porch, deck or verandah is set back at least 10 metres from the location of the brow on the lot.

(22) Paragraph 22 of section 5 of the Regulation is revoked and the following substituted:

22. The repair, replacement, decommissioning or maintenance of an existing underground fuel tank.

(23) Section 5 of the Regulation is amended by adding the following paragraph:

23.1 The construction or installation on a lot of entrance gates or decorative pillars associated with driveway lanes and entrances onto municipal roads and highways.

(24) Paragraph 24 of section 5 of the Regulation is amended by adding the following subparagraph:

v. Surveys or field work undertaken for the purpose of environmental monitoring, research or inventory.

(25) Section 5 of the Regulation is amended by adding the following paragraph:

24.1 The installation of permanent boreholes for the purpose of monitoring dam safety at hydroelectric facilities.

(26) Paragraph 30 of section 5 of the Regulation is amended by striking out “Bruce Trail Association” wherever it appears and substituting in each case “Bruce Trail Conservancy”.

(27) Section 5 of the Regulation is amended by adding the following paragraph:

33.1 The establishment, placement or removal of a portable recreational trailer or vehicle on an existing site within a seasonal campground or trailer park, and, if the trailer or vehicle is allowed to remain on the site year round, the construction of the following facilities associated with the trailer or vehicle and located at least 15 metres from the nearest lot line to the campground or trailer park:

i. An addition that does not exceed 45 square metres in area and is equal to or less than the height of the existing trailer or vehicle.

ii. A patio, deck or covered porch that does not exceed 56 square metres in area.

iii. An accessory building that does not exceed 40 square metres in area.

(28) Subparagraph 34 i of section 5 of the Regulation is amended by adding “in any calendar year” at the end.

(29) Paragraph 35 of section 5 of the Regulation is amended by adding the following subparagraphs:

vii. Children’s outdoor playground equipment.

viii. A children’s school bus weather shelter or enclosure that is adjacent to a municipal road or highway and not larger than 4 square metres.

ix. A garbage enclosure or storage area that is not larger than 9 square metres.

x. A retaining wall installed for landscaping, decorative or aesthetic purposes that has a maximum height of 1 metre.

xi. A fence that has a maximum height of 2.4 metres, a brick or stone wall that has a maximum height of 1.2 metres, or a fence or wall that is permitted by a municipal by-law governing the erection of fencing or walls, but does not include fencing, stone walls or sound barriers for animal kennels and veterinary clinics.

xii. Unlit signage, plaques or cairns identifying a site or feature as being of cultural local, provincial or national value or interest or of historical significance.

xiii. A temporary and portable sign or banner within an area designated as a Minor Urban Centre or Urban Area in the Niagara Escarpment Plan, if the sign is subject to a permit from the municipality having jurisdiction.

xiv. A temporary hunting blind.

(30) Section 5 of the Regulation is amended by adding the following paragraphs:

36. Subject to any municipal by-law governing signage, the erection of one sign advertising the sale of farm produce if all of the following conditions are met:

i. The sign is not more than 122 centimetres by 122 centimetres in size.

ii. The sign has a posted height from the existing grade of not more than 244 centimetres to the top of the sign.

iii. The sign is not lighted.

iv. The sign is erected on the lot on which the produce is offered for sale.

v. The owner of the sign also owns or rents the lot on which the sign is located.

vi. The owner of the sign also owns or rents the lot on which the produce being offered for sale was grown.

vii. The sign is erected and displayed only during the growing season in which the produce being offered for sale is harvested and available for sale.

37. The construction and installation of flush mounted solar panels and solar water heating systems on the roof of any building or structure.

38. The installation, construction or repair of a ground source heat pump, if on completion all of the following conditions are met:

i. The ground source heat pump does not require the removal of trees or the addition of fill or earth.

ii. The ground source heat pump does not require the construction of a pond or the alteration of an existing pond, stream or watercourse.

39. Water taking or discharge associated with a permitted use if,

i. the water taking or discharge is authorized under an emergency order or other similar instrument issued by the Ministry of the Environment under the authority of an Act for the purpose of ensuring public safety, environmental protection or health, or

ii. all of the following conditions are met:

A. The water taking or discharge was originally authorized by a Development Permit issued under the Act.

B. A Permit to Take Water previously authorized by a Development Permit is being renewed by the Ministry of the Environment for the same purpose at the same maximum rates of water taking.

C. An environmental compliance approval for water discharge authorized by a Development Permit is being renewed by the Ministry of the Environment for the same purpose at the same rates of discharge.

D. The water taking or discharge does not require the construction or installation of additional infrastructure or apparatus.

40. The drilling of wells for a municipal water supply that serves the population of the municipality.

41. The construction and installation of buildings, structures, facilities and related undertakings identified in a Park and Open Space Plan as defined in the Niagara Escarpment Plan for a park or open space area listed in Appendix 1 of the Niagara Escarpment Plan if,

i. The plan has been approved by the Niagara Escarpment Commission and Ministry of Natural Resources under Part 3 of the Niagara Escarpment Plan after the coming in to force of Ontario Regulation 423/12.

ii. The plan has specifically identified and detailed the buildings, structures, facilities and related undertakings that are to be exempted under this section.

iii. The construction and installation of the buildings, structures, facilities and related undertakings occurs within 5 years of the approval of the master plan under subparagraph i.

Commencement

3. This Regulation comes into force on the later of January 1, 2013 and the day it is filed.

Made by:

Michael John Gravelle

Minister of Natural Resources

Date made: December 5, 2012.