WHITEWATER REGION — According to the County of Renfrew, the overall goal of the policies is to provide quality living space and encourage a sound economy by promoting growth and development in areas which enhance economic opportunity while respecting the rural waterfront character of the Township of Whitewater Region.
The Township of Whitewater Region initiated an Official Plan Policy Review in January, 2006. This review was initiated both in response to community concerns about development restrictions associated with the Sensitive Lake polices for Muskrat Lake, and the need to encourage growth and development in the Township of Whitewater Region, in order to create employment opportunities and maintain a healthy economy. The goal of achieving a healthy economy acknowledges the interdependence of maintaining healthy environment, particularly for Muskrat Lake.
Council of the Township of Whitewater Region established an Official Plan Policy Review Steering Committee consisting of all of Council and representatives from the Citizens Association for the Future of Whitewater Region. In support of the policy review, the Steering Committee implemented a “Stage 1: Background Review & Analysis” which included the following steps: Background data collection, Preliminary Issues Report, Visioning, Public Consultation, Issues and Options Report, and Actions Report.
The need to promote growth and development in order to create employment opportunities, maintain a healthy economy and improve the water quality of Muskrat Lake are primary issues of importance in the Township of Whitewater Region community. The Township’s vision for growth will be achieved by promoting recreational/residential, tourism commercial and four season resort development in the waterfront areas of the Municipality; residential, commercial and light industrial uses within the village communities; and permitting limited residential development, recreational, tourism and other economic opportunities within the rural areas of the Municipality.
16.1.3 Objectives
In addition to the objectives of Section 1.3 of the County of Renfrew Official Plan, the following objectives shall apply to the Township of Whitewater Region. Economic, to strengthen the economy and employment, through land use and development that builds upon and complements the existing economic base of the Township; Economic, to recognize the tourist commercial, service commercial, recreational and residential sectors as vital components of the Township’s economic base, which should be supported and enhanced; Growth and Settlement, to promote, tourist commercial, recreational, resort, and limited residential development in waterfront areas of the Township; Growth and Settlement, to encourage and maintain the village communities of Cobden and Beachburg as a focus of commercial, institutional, light industrial and residential development; Growth and Settlement, to recognize the rural areas of the Township as areas of potential for commercial, industrial, institutional, recreational, resort, resource related and limited residential uses and accommodate development which is compatible with the overall rural and natural setting;
Growth and Settlement, to define the waterfront areas of the Township and establish policies for shoreline protection; Environment, to establish and participate in a Muskrat Lake improvement council for the purpose of improving the water quality of Muskrat Lake; Environment, to establish policies for allowing shoreline development that will minimize potential negative impacts or provide a net benefit to the water quality of Muskrat Lake and the water quality in the region, including cross-jurisdictional and cross-watershed impacts; Environment, to protect all municipal drinking water supplies and designated vulnerable areas; and protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions; and Environment, to ensure stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces.
16.1.4 General: Implementation and Interpretation
The policies of Section 16 predominantly function as providing additional detailed policies for the Township of Whitewater Region. In some instances, the policies of this section are meant to replace the broader policies found within this Plan and provide more specificity for development, such as the Waterfront-Exception 2 policies for Muskrat Lake. The implementation and interpretation of this section shall be in conjunction with the applicable policies of this Plan, including but not limited to Section 2 – General Development Policies.
16.2 Waterfront
The Waterfront designation identifies shoreline communities along both the Ottawa River and significant lakes within the Township of Whitewater Region. These communities are composed of low-density residential, recreational, tourist commercial and resort development.
The water resources and waterfront areas provide major leisure and recreational opportunities, which benefit the Township. The Waterfront designation forms the primary basis of the tourism sector. The white water sections of the Ottawa River attract international attention for their excellent rafting and kayaking opportunities. Waterfront residential development provides the basis for a strong service sector. Both waterfront residential and tourist commercial sectors are vital components of the Township’s economic base. The protection of natural shoreline vegetation and features contributes to the economic viability of the waterfront residential and tourist commercial sectors.
The Waterfront policies are intended to promote recreational, tourism, resort and limited residential development in waterfront areas of the Township which are considered by Council to be suitable for such development. The Waterfront designation includes land that generally relates physically and functionally to the waterfront areas of the Township of Whitewater Region. The Waterfront designation is wider along the whitewater section of the Ottawa River in order to accommodate future recreational and resort development in depth and protect the scenic qualities of this section of the River.
The Waterfront designation is also wider in other areas that are considered by Council to be suitable for future recreational, tourism and commercial development, to promote residential, recreational, tourist commercial and resort development in waterfront areas of the Township which are suitable for such development; to maintain an appropriate balance between natural shorelines and the built form within the Waterfront designation by establishing policies for shoreline activity areas and natural shoreline buffers; to consider the impact of development on the scenic landscape of the whitewater section of the Ottawa River when reviewing development proposals; and to establish development policies to protect the water quality of Muskrat Lake.
The permitted uses within the Waterfront designation shall include limited residential development; tourist commercial uses; existing agricultural uses; open space uses; and conservation uses. The policies in Section 2.0 General Development Policies of the County Official Plan and all other relevant objectives and policies of the County Plan shall apply to new or expanded uses permitted in the Waterfront designation.
Within the Waterfront designation, residential uses will be limited to single detached dwellings in the form of waterfront development, back lot development and waterfront cluster development. Waterfront development consists of single detached dwellings and accessory buildings and structures located on individual lots, which are situated in a linear fashion along the shoreline. Back lot development consists of single detached dwellings on individual lots, which are physically separated from the shoreline by a legally conveyable parcel of patented land that has development potential. Back lots are usually located in a linear fashion along a public road or a private right-of-way which generally is parallel to the shoreline, but back lots may also be located on a road or right-of-way which runs perpendicular to the shore.
The maximum number of residential lots permitted via consent in the Waterfront designation shall be in accordance with Section 14.3 of this Plan. Waterfront cluster development consists of a group of single detached dwellings, each located on an individual lot or land unit, which are setback from the shoreline, with the shoreline frontage being maintained as communal open space. The minimum lot area for all new waterfront lots should be 0.4 hectares (one acre). The minimum required shoreline frontage for a new waterfront residential lot should generally be 45 metres (148 feet). The frontage may be reduced where Council is satisfied that the character of the shoreline will be maintained, there are no environmental constraints that would dictate the need for a larger frontage, and the characteristics of the particular lot area are suitable.
New residential back lots may be permitted provided they have a minimum lot area of 1.0 hectare (2.5 acres) with a minimum of 60.0 metres (196.8 feet) of lot frontage on a year round maintained public road or a registered right-of-way. New residential back lot development along a private road will only be permitted where suitable access to water is available by means of a registered right-of-way or lands owned in common with other property owners. Two waterfront backlot residential development concept plans are attached as Appendices B-2 and B-3.
Islands shall be placed in a Special Study Area designation subject to further study to determine an appropriate land use. The study to determine land use shall include at a minimum confirmation that the island is greater than 0.8 hectares (two acres); demonstration to the satisfaction of the Township that the physical and natural characteristics, shape and size of the island makes it suitable for the development proposed; demonstration that the setback requirements of the Plan will be satisfied; demonstration that the visual impact of development will be minimized through maintenance or restoration of vegetation and limits on shoreline structures; for development on islands in the Ottawa River, it shall be clearly demonstrated to the satisfaction of the Township that development, including septic systems and access, complies with the flood plain policy of this Plan; identification by a licensed engineer of the flood limit, where applicable, in accordance with the MNRF River and Stream Systems Technical Guide and demonstration of a sufficient building envelope; demonstration of safe egress during a flood event; and confirmation from emergency services that they can access the island during an emergency.
New waterfront residential cluster development will proceed by way of plan of subdivision or vacant land condominium description and may be permitted where a maximum of 25 lots or units are located in one cluster; the land is suitable for the proposed development; the natural features of the site are maintained, substantial natural vegetation is protected and development complies with the natural heritage policies of this Plan. Each cluster incorporates substantial open space so that the gross density of development is not greater than one lot per hectare. Natural open space surrounds the perimeter of the cluster. An open space block with a depth of at least 30 metres (98 feet) will be retained along the water frontage. The cluster is located adjacent to and has a functional relationship with the shoreline open space block. A minimum of 7.5 metres (25 feet) of water frontage will be required per dwelling unit in the cluster, with a minimum total water frontage of 61 metres (200 feet).
Single detached dwellings are located on individual lots or units located to the rear of the open space block. Each lot holds an equal interest in the shoreline open space block or the block is held as a common element in a condominium. The shoreline open space block will be substantially maintained in its natural state, but may include a common shoreline activity area and common docking facility subject to the requirements of Section 16.2.5(2) of this Plan. A hydrogeological assessment and terrain assessment (including nitrate impact assessment) demonstrates that an adequate supply of potable water exists and there will be no negative impacts in accordance with Section 2.2(12) of this Plan.
The condominium property, or each of the lots in a subdivision, front on and have access to a year round maintained public road; an internal private road in a condominium property is constructed and maintained to standards set by the Township in accordance with the private road policies of Section 16.9 of this Plan. The cluster includes a variety of lot or unit sizes, which reflect the terrain and natural features of the site. The minimum lot or unit size is 0.4 hectares (1 acre) and the minimum road frontage is 45 metres (148 feet). Where possible, the internal road system for a cluster development should be looped. A waterfront cluster residential development concept plan is attached as Appendix B-4.
Large development proposals (i.e. greater than 5 lots, resort or condominium development) shall be supported with a site evaluation report undertaken in consultation with the Ministry of the Environment and to the satisfaction of the Township, to ensure protection of water quality. The report shall take into consideration the existing water quality of the water body, surface water runoff, impacts and loadings of phosphorous from septic systems, type of soils, stormwater management and nature of vegetation. Development shall not negatively impact upon significant natural heritage features, as defined in Section 2.2(8) of this Plan such as significant wildlife habitat and fish habitat through activities such as dredging or filling, the removal of shoreline vegetation or the construction of buildings and structures. All development shall comply with the natural heritage policies of this Plan.
Buildings and structures extending beyond the controlled or normal high water mark of a waterbody, such as a boat dock, shall be designed and located in a manner which does not create a hazard to navigation as defined in the Canada Shipping Act; does not have a significant detrimental effect on abutting property; does not significantly obstruct the natural flow of water; minimizes the potential damage from flood and ice heaving; does not result in a negative impact on fish habitat and/or significant wildlife habitat or their ecological function; and does not contain a dwelling unit or the provision of water and sewage services (grey or blackwater). Development shall satisfy the requirements of any federal and provincial legislation, regulations and policies including but not limited to the Canada Fisheries Act, the Federal Habitat Policy, the Endangered Species Act and the Public Lands Act. Standards will be established in zoning with respect to the type, location, coverage, maximum floor area, and height of primary and accessory structures, in order to address the intent, principles and policies for waterfront residential development.
16.2.5 Waterfront Commercial
Tourist commercial uses, such as resorts, campgrounds, cottage establishments, theme parks, related commercial and retail uses and recreational or open space uses such as golf courses, ski trails, hiking/biking trails, white water rafting and kayaking facilities, shall be permitted in the Waterfront designation.
Tourist commercial uses, resorts, campgrounds and related recreational or open space uses may be established, redeveloped or expanded, provided the following criteria are met. The site is suitable for the proposed use (appropriate density, intensity of use, location of buildings and structures and type of facilities). The water frontage is adequate and suitable for the proposed uses. Adequate potable water and sewage disposal can be provided. Access routes are appropriate or can be upgraded to accommodate additional traffic. The long-term public costs of infrastructure, public services and public service facilities are acceptable. The proposal will be compatible with surrounding properties.
There will be no negative impacts on natural heritage features and their functions, including significant woodlands, significant areas of natural and scientific interest, significant wetlands, significant wildlife habitat and fish habitat. Shoreline development should be limited to activity areas which will not exceed 20 per cent of the shoreline frontage. The remaining shoreline frontage shall remain in natural vegetated buffer which is at least 20 metres (66 feet) in depth from the normal high or controlled high water mark.
Where development is located along the Ottawa River, the impact on other recreational uses along the river corridor are considered. The aesthetic appearance of the proposed development is acceptable. The land is rezoned to a separate classification in the Township’s Comprehensive Zoning By-law. The rezoning application is supported by a site plan illustrating all buildings, structures, works and facilities, landscaping and buffering proposed for the subject lands, as well as all natural features.
The relevant policies of the General Development Policies in Section 2.0 of the County Official Plan shall apply to all new or expanding tourist commercial development. Council shall require the proponent of any new or expanding tourist commercial facility prepare an EIS to assess the effects of any proposed development on natural features and functions in accordance with the terms of Section 2.2 (23) of the County Official Plan. For existing tourist commercial facilities, the environmental impact study may be scoped in accordance with Section 2.2(23) of this Plan to correspond with the nature and scale of the expansion.
All forms of tenure (i.e. freehold vs. condominium) will be considered for new, expanded or redeveloped resorts within the Waterfront designation of this Plan provided: the proposed development complies with the policies for new resorts in Section 16.4 of this Plan; where multi-unit freehold commercial development is proposed by way of a condominium description, the private communal servicing policies of Section 16.10 of this Plan shall apply; and no residential development shall be permitted as part of any new resort development.
16.2.6 Natural Shoreline Buffer
Shoreline frontage which is at least 20 metres (66 feet) in depth from the normal high or controlled high water mark should be retained or restored as a natural vegetative buffer, in order to protect the riparian and littoral zones and associated habitat; prevent erosion, siltation and nutrient migration; maintain shoreline character and appearance; and minimize the visual impact of development. Within the natural vegetative buffer, meandering pathways or access points to the shoreline that are constructed of permeable material, pruning of trees for viewing purposes, or the removal of trees for safety reasons may be permitted. These policies also apply to the tributaries flowing to the Muskrat Lake, Snake River and Muskrat River located within the Township of Whitewater Region.
16.2.7 Development Controls
The limits of natural vegetative buffers will be implemented through zoning and through site plan control or other municipal agreements.
16.2.8 Existing Agriculture
Council recognizes that agriculture is an important part of the Township’s economy and cultural fabric and supports the protection of existing farms within the Waterfront designation. The following policies shall apply to all existing farming operations within the Waterfront designation: existing farming operations, including farm residences and related buildings and structures which support the farming operation, shall be permitted within the Waterfront designation; all expansions of farming operations and non-farm development shall comply with the applicable Minimum Distance Separation (MDS) Formula I and II requirements, as amended from time to time; and existing farming operations within the Waterfront designation will be encouraged to use best management practices for controlling nutrient loading into adjacent water bodies.
6.2.9 Services
In general, development or redevelopment in the Waterfront designation will be serviced by private individual water and sewage systems, with the exception of tourist commercial development where private communal services may be considered. The use of sewage systems with a proven ability to mitigate phosphorous will be required.
New leaching beds and mantles are encouraged to be located as far back from the shoreline as is reasonably possible, and shall be located a minimum of 30 metres (100 feet) from the high water mark of the shoreline. Where it is not physically possible on existing lots of record (due to terrain features, lot depth or design features) to locate the leaching bed and mantle at such a distance, a lesser setback may be permitted based on the recommendations of a Site Evaluation Report and in accordance with the Ontario Building Code. Advanced septic system technology may be required in this instance.
In order to control flooding, ponding, erosion and sedimentation as well as to protect water quality and aquatic habitat or other natural habitat which depend on watercourses and other water bodies for their existence, stormwater management plans shall be required for any new development of five or more residential lots and for all commercial and industrial uses with large amounts of impervious area. Stormwater management will be undertaken in accordance with the Ministry of the Environment Guideline “Stormwater Management Planning and Design Manual, 2003.”
16.2.10 Access
Development will have frontage on and access from a year round maintained, public road, wherever possible. In order of preference, development of waterfront residential and commercial lots may be permitted with the following access: a year round maintained public road; a private road, with a legal right-of-way; and water access.
Development of waterfront residential and commercial lots by means of a private road with a legal right-of-way will be permitted, provided the private road complies with the flood plain policies of this Plan and is constructed to a standard which is satisfactory to the Township; at the time of development, Council may require a development agreement with the landowner(s) setting out the road standards, the responsibility of the lot owner for road maintenance and other matters; the lot is rezoned to a limited services category in the implementing Zoning By-law; and an amendment to the Zoning By-law is approved.
Development of existing waterfront residential lots with only water access will be permitted where road access is not available; road access cannot be provided by way of an extension from an existing road in the vicinity; adequate docking and parking facilities are secured on the mainland to the satisfaction of the Township; and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies.
16.2.11 Special Policy Exceptions
Waterfront – Exception One (Rocher Fendu Rapids Policy Area)
The Rocher Fendu Rapids area of the Ottawa River offers a unique natural setting which provides residents, tourists and white water enthusiasts with opportunities to enjoy its natural attractiveness. The Waterfront – Exception One policies are intended to preserve the scenic values of the Rocher Fendu Rapids area of the Ottawa River and consider the impact on the scenic values when reviewing development proposals. In addition to other applicable policies of this Plan, for the lands shown as Waterfront-Exception One, Council shall also consider the following matters when reviewing proposals for development.
The reason for the choice of location and potential for an alternative location on non – Waterfront – Exception One designated lands. Whether the proposal is compatible with the scenic quality and character of this area of the Ottawa River. Measures proposed to ensure the natural scenic values of this area of the Ottawa River are maintained. All shorelines within the Waterfront – Exception One designation shall retain a natural vegetated buffer in order to maintain the shoreline character and appearance, and ensure there will be no visual impact by development. Requirements for the preservation of shoreline vegetation and buffer areas will be implemented through zoning amendments, agreements under Section 51(26) of the Planning Act and/or site plan agreements as considered necessary by Council during the review of development applications.
Waterfront – Exception Two (Muskrat Lake)
The Waterfront – Exception Two designation includes lands located within 400 metres of the shoreline of Muskrat Lake. Muskrat Lake is identified as a highly sensitive (at capacity) trout lake under Section 9.0 of the Sensitive Lake Policies of the County Official Plan. Muskrat Lake is oversupplied with phosphorous and there is insufficient dissolved oxygen content to provide for adequate lake trout habitat. Phosphorous is the key nutrient governing the production of algae, and its oversupply has resulted in periodic algae blooms within Muskrat Lake. As the algal cells decompose and settle in the lake’s bottom waters, the cell decomposition process robs dissolved oxygen from the deeper waters of the lake, negatively impacting on lake trout habitat.
Algal blooms within Muskrat Lake have increased in frequency in recent years. Council recognizes that poor water quality and algal blooms have resulted in negative impacts on the recreational use and enjoyment of the lake, and that public health impacts are of concern. Council also recognizes that a holistic solution involving government agencies (municipal, provincial and federal), community organizations (agricultural, recreational, business, cottagers) and the public, is necessary to address nutrient sources that are contributing to water quality problems at Muskrat Lake. The establishment of a community based “improvement council” has been proposed by the Ministry of Natural Resources and Forestry to begin the process of addressing the nutrient sources that are contributing to the water quality problems in the Lake.
The Township of Whitewater Region will support the establishment of a local improvement council for improving the water quality at Muskrat Lake and undertake municipal initiatives for improving the water quality at Muskrat Lake through the following polices. Council will promote the establishment of a local improvement council concept for achieving long-term water quality improvements in Muskrat Lake. The local improvement council will be a locally led, community based “improvement council”, established to address the nutrient sources that are contributing to the water quality problems at Muskrat Lake. The improvement council should include a cross-section of public interests from the agricultural, recreational, residential, and business sectors. The improvement council should also take a leadership role in undertaking the following: promote public awareness and stewardship initiatives for reducing nutrient flows and improving water quality; establish a set of local water quality improvement objectives; engage in meaningful public consultations; develop a water quality improvement plan, to achieve water quality improvement objectives; attract funding for the development and implementation of the water quality improvement plan; and monitor the success of water quality improvements over the long-term.
Water quality improvement initiatives that the Township of Whitewater Region will undertake in cooperation with a Muskrat Lake improvement council include: participation in public information and awareness initiatives to inform the public about water quality issues at Muskrat Lake; septic system inspection program for all shoreline development; make application for funding for infrastructure improvements related to drainage, stormwater management or sanitary sewer treatment plant upgrades; implementation of strong policies for new development or redevelopment which is not connected to municipal water and sanitary sewer services; and implementation of a site plan control by-law for new development and redevelopment along the shoreline of Muskrat Lake.
Waterfront – Exception Two (Muskrat Lake) Development Controls to Improve Water Quality
Notwithstanding the policies of Section 9.3(2) At Capacity Lakes policies for the lands shown as Waterfront – Exception Two, the following policies shall apply to all new development and redevelopment which is not connected to municipal water and sanitary sewer services.
New development shall mean new lots and development on existing vacant lots. Redevelopment shall mean any alteration or renovation that has the effect of increasing the building footprint or septic system flows of the principle building(s) on an existing lot. Redevelopment shall also mean the replacement of an existing septic system.
New development or redevelopment on private services may be permitted where a water quality impact assessment and monitoring program, undertaken and implemented to the satisfaction of the Township, demonstrates that the development can proceed without negatively impacting water quality, and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, and outlines the circumstances under which development should occur.
The water quality impact assessment requirements shall consist of the following main elements at a minimum.
Phase 1: Site Development and Mitigation Plan includes identification of recommended building and septic system envelope and mitigation measures, including but not limited to, construction mitigation plans, shoreline setbacks and buffers, measures for protecting natural vegetation, stormwater management and monitoring of the vegetative buffer, and stormwater mitigation measures, until such time as construction is complete and an occupancy permit is issued.
Phase 2: Municipal Review includes the Site Development and Mitigation Plan will be reviewed by the Township and shall be submitted to peer review by a qualified professional to determine the effectiveness of the mitigation measures proposed, and to establish the likelihood that the Plan supports an outcome of no nutrient impact on Muskrat Lake.
Phase 3: Implementation includes the approved Site Development and Mitigation Plan, and requirements for the design and installation of septic systems shall be implemented through zoning, development agreements (subdivision, condominium or consent) and site plan agreements; and agreements shall include a provision requiring verification by an independent qualified expert, prior to occupancy, that correct B horizon soils have been used for the installation of sewage treatment systems.
Development on Muskrat Lake shall be phased with the potential to create 10 lots per year. On a yearly basis, the next phase of 10 lots may be granted, subject to the Township completing to the satisfaction of the Ministry of Environment and Conservation and Parks (MECP) an annual report detailing the results of the water quality improvement initiatives implemented in the preceding year, and identifying what new actions/initiatives would take place in the following year.
At a minimum, the annual report shall include: a report on the number of new lots within 300 metres of Muskrat Lake created in the preceding year; details of the Sewage Inspection Program and the number of septic inspections conducted in the previous year, with a breakdown on the number of systems that passed, failed with minor issues, or failed with major issues; details on the abatement actions taken to remediate failed systems; status on the Cobden Water Treatment Plant expansion; status of funding and committed municipal dollars for infrastructure improvements in the upcoming year related to drainage, sanitary collection and stormwater management; other new actions/initiatives to be implemented by the Township aimed at reducing phosphorus loading and improving water quality in Muskrat Lake; and status of Muskrat Lake Watershed Council initiatives and/or other local organizations.
Notwithstanding the requirements of Subsection 16.2.11(3)(c) above, a water quality impact assessment and monitoring will not be required for the creation of a new lot where: the septic system for the proposed lot will be located more than 300 metres from the shoreline of Muskrat Lake; or consent to separate existing habitable dwellings, each of which has a separate sewage system, provided the land use will not change. Notwithstanding the above, the creation of a new lot, serviced by private services shall require demonstration of no negative impact on the water quality and quantity in accordance with Section 2.2(12) – Servicing Policies.
Notwithstanding any other provision of this Plan to the contrary, for the lands located within the Waterfront – Exception Two (Muskrat Lake) designation, the minimum water setback for all structural development (including the redevelopment of existing properties) except refurbishment or modernization of existing dwellings, shall be 30 metres (98 feet). This provision does not apply to docks or other approved shoreline structures.
Septic systems for all new development or redevelopment must be either a conventional septic tank and tile field or any other approved system under the Ontario Building Code which is acceptable to the Ministry of the Environment for utilization on a pilot scale basis to reduce sewage related phosphorous. Partially treated effluent from approved septic systems shall be directed to tile fields constructed of acid based B horizon Precambrian Shield soils that are tested to ensure a high phosphorous removal capability. All sewage treatment systems shall be located a minimum of 30 metres from the high water mark of Muskrat Lake.
Notwithstanding any other provision of this Plan to the contrary, for the lands located within the Waterfront – Exception Two (Muskrat Lake) designation, a natural vegetative buffer, which is at least 20 metres (66 feet) in depth, measured from the normal high water mark, shall be required for all new development and redevelopment. All lands located within the buffer area shall be maintained in a natural vegetative state in accordance with the Natural Shoreline Buffer policies of Section 16.2.6 of this Plan. The requirements for protection of buffer areas shall be implemented through rezoning, development agreements or site plan agreements.
Waterfront – Exception Three (Paquette Rapids ANSI)
The Paquette Rapids ANSI is designated on the Land Use Schedule as Waterfront – Exception Three. The Paquette Rapids ANSI is a freshwater cave system affecting properties located along the Paquette Rapids section of the Ottawa River. The cave systems are a component of the karst topography of the area and are formed under the river as well as on the main land. In several locations throughout the cave network, the cave ceilings have collapsed, resulting in sinkholes along the Ottawa River bed and sinkhole ponds and trenches on the mainland. As moving surface and groundwater weathers/dissolves away bedrock material along the faults and fissures in the rock, more cavern walls collapse and new sinkholes are formed. The creation of impermeable surfaces (roads, driveways), placement of structures (foundations, sheds) as well as extra load and fill on these features could potentially lead to further sinkhole development in unpredictable locations on affected properties. There is also a concern that septic systems and wells may become faulty on these features which could pose a health risk to downstream landowners.
Notwithstanding polices 8.3(6) and 2.2(8)(b) of this Plan, for the lands designated Rural – Exception Three (Paquette Rapids ANSI), the following polices shall apply. Permitted uses within the Paquette Rapids ANSI shall be limited to non-intensive outdoor recreation uses, forestry, reforestation, boat anchorages and moorings. Requests for new development or redevelopment of existing uses in or within 50 metres of the Paquette Rapids ANSI, must be supported by an evaluation in accordance with Section 2.2(23) – Environmental Impact Study, of this Plan. The components of an EIS will be tailored to the scale of the proposed development and to the scale of the anticipated impacts. Prior to undertaking an EIS, the scope of work for the Study shall be approved by Council.
Council may, at the expense of the developer, retain the services of a qualified professional to review the scope of work required for the EIS and/or a peer review of the completed study. Development and site alteration shall not be permitted unless it has been clearly demonstrated that there will be no negative impacts on the natural features or their ecological functions. The area affected by the Paquette Rapids ANSI will be placed in a special restrictive zoning category in the implementing zoning bylaw.
Waterfront – Exception Four (Lapasse Pipehole ANSI)
The Lapasse Pipehole ANSI is designated on the Land Use Schedule as Waterfront – Exception Four. This feature is located along the Ottawa River, approximately 2 kilometres south of the Hamlet of Lapasse. This earth science feature is identified as a slide scar which may contain closed depressions resulting in groundwater seepage and piping in sands confined between two clay layers, resulting in concerns about slope stability. Notwithstanding policies 8.3(6) and 2.2(8)(b) of this Plan, for the lands designated Waterfront-Exception Four (Lapasse Pipehole ANSI) on Schedule “A” to this Plan (Township of Whitewater Region Enlargement), the permitted uses shall be in accordance with the Waterfront policies of this Plan with the exception that all development shall be set back a minimum of 30 metres from the shoreline of the Ottawa River. Applications for development and/or site alteration within the Lapasse Pipehole ANSI or within 50 metres of the ANSI must be supported by an evaluation in accordance with Section 2.2(23) – Environmental Impact Study, of this Plan. Development and site alteration shall not be permitted unless it has been clearly demonstrated that there will be no negative impacts on the natural features or their ecological functions.
16.3 Rural
In addition to the Rural policies of the County Official Plan, the following policies shall apply to lands shown on Schedule “A” to this Plan, also known as the Township of Whitewater Region Enlargement. It can be found in the County’s online document detailing the entire Official Plan.
16.3.1 Rural Cluster Lot Development
A rural cluster lot development is a grouping of three to five lots (not including the retained parcel) created by consent for clustered rural non-farm residential development. The main purpose of this alternative form of rural residential development is to direct housing away from public roads, reduce the visual impact of strip development, and increase the financial viability of scattered rural residential development. Rural cluster lot development shall be permitted as a pilot project. The maximum number of residential lots which can be created under this pilot project shall be 10 per year provided the Township and the County are satisfied that the number of lots being created is consistent with the County’s overall growth management strategy of limiting residential development in the rural area and focusing growth to the settlement areas of Cobden and Beachburg. The following policies shall apply to all new proposals for rural cluster development.
The number of lots permitted in any specific rural cluster lot development proposal shall be determined based on the number of lots that have previously been severed from the original holding, that is defined as a parcel of land including all abutting parcels of land under the same ownership which are subject to subdivision control or part lot control under the Planning Act. An original holding means a holding as of June 1, 1971. In cases where a rural cluster lot development proposal, plus previous severances results in a situation where there are more than six lots created from an original holding, excluding the retained parcel, a plan of subdivision should be considered for proper and orderly development of the property.
The following policies shall apply to rural cluster lot development proposals. The holding from which the rural cluster lot development proposal is severed should have a minimum lot area of 25 acres. The single internal road servicing the rural cluster lot development shall be a private road built and maintained to standards set by the Township in accordance with the private road policies of Section 16.9 of this Plan. The access point to the development from the public road must be located so that no safety hazards are created at the intersection.
Lots are to be serviced by private individual water and sewage systems. Appropriate servicing studies, including a hydrogeological review shall be required, to the satisfaction of the Township in accordance with the private services policies of Section 2.2(12) of this Plan.
The overall density of development shall be approximately one residential lot per hectare of land. The size of the individual building lots may be as small as 0.4 hectares provided sufficient common land is provided to meet the overall density of one residential lot per hectare of land.
Generally, the placement of dwellings within the rural cluster lot development shall be determined based on the following considerations: houses should either be set back from the nearest public road a minimum of 100 metres or the dwellings must be screened from such road by topography or mature vegetation; the siting of dwellings shall take into consideration the significant landscape features, vegetation, wildlife habitats or other resources on the property and avoid such areas; identifiable features of rural character are maintained or enhanced through the location of the dwellings; the siting of dwellings shall blend as much as possible with the natural landscape so that the rural character is relatively undisturbed; when the 100 metre setback is waived due to a screen of mature vegetation, agreements must be entered into that ensure the screening effect of the vegetation is not compromised. Either a consent agreement or the site plan control process shall be used to carry out this requirement; and development shall comply with the natural heritage policies of this Plan.
The rural cluster lot development may include land held in common ownership to be used as open space for recreation, as a site for communal systems or for an access road right-of-way. Once common land is set aside, it cannot be further developed. Such land should be managed under a “common elements condominium”. A rural cluster residential development concept plan is attached as Appendix B-5 to the online document. If the private road accessing the rural cluster lot development crosses private land, a deeded right-of-way adequate for right-of-use, road construction and maintenance must be provided, together with an agreement for the maintenance of the right-of-way by the benefiting owners.
Residential uses (including accessory structures), private wells, sewage disposal facilities and access roads shall not be permitted on prime agricultural lands, or where there are aggregate resources, wetlands, or flood plains. Where the development affects lands adjacent to natural heritage features, the appropriate policies of this Plan shall apply. Proponents of rural cluster lot development proposals shall be required to submit an accurate site plan which identifies lot sizes, frontage, lands to be held in common ownership, proposed building and septic envelopes, natural features including treed areas, slopes, watercourses, drainage courses and low areas subject to ponding or flooding.
16.3.2 Rural – Exception Two (Pretty Hill ANSI)
The Pretty Hill ANSI is designated on the Land Use Schedule to this Plan as Rural – Exception Two. This feature is located 1.0 km west of the Hamlet of Westmeath and includes approximately 671 hectares (1,658 acres) of land. It is a superb representation of the Champlain Sea related features and exhibits at least five sea level features in the form of beaches or wave cut terraces. Pretty Hill is also important for its scenic qualities. Pretty Hill is an earth science ANSI that can sustain more intensive land uses than life science ANSIs. The agricultural, forestry, recreational, low density residential and conservation uses permitted in the Rural designation which do not significantly change the land surface should not adversely affect this earth science feature. Notwithstanding policies 8.3(6) and 2.2(8) of this Plan, for the lands designated on the Land Use Schedule as Rural – Exception Two (Pretty Hill ANSI), the following policies shall apply.
The permitted uses and all other policies of the Rural designation shall apply to new development within the area of the Rural – Exception Two (Pretty Hill ANSI) provided two options. Rural residential subdivision development shall not be permitted. In considering proposals for development, Council shall be satisfied that the scenic qualities of Pretty Hill and the earth science values of the Pretty Hill ANSI are maintained and protected. Prior to development and/or site alteration in or within 50 metres of the Pretty Hill ANSI Council shall require evaluation in accordance with Section 2.2(23) – Environmental Impact Study, of this Plan. Development and site alteration shall not be permitted unless it has been clearly demonstrated that there will be no negative impacts on the natural features or their ecological functions.
16.3.3 Rural – Exception Three
Notwithstanding any other policies of this Plan to the contrary, for the lands designated on the Land Use Schedule as Rural – Exception Three, the Waterfront- Exception Two (Muskrat Lake) policies shall apply to the development of new lots and existing vacant lots.
16.4 Tourist Commercial
Tourism is a principal contributor to the economy of the Township of Whitewater Region. The future health of the Township’s tourism sector is dependent on both a sustained natural environment and the maintenance and development of quality accommodations, attractions and services. The establishment and expansion of resorts and other new tourist commercial facilities is encouraged to enhance and maintain the tourism potential in Whitewater Region. New tourist commercial development including resorts and other tourist commercial uses as well as related recreational or open space uses will be encouraged to locate in the Waterfront and Rural designations. A resort is defined as lodging or other accommodation other than tent and trailer parks.
The tourism sector will be strengthened, enhanced, expanded and diversified by encouraging the expansion of existing facilities or operations and the establishment of new uses. Growth and development in this sector will be based on the following principles: existing facilities should expand their operations; large land holdings that are zoned tourist commercial and have water frontage will be encouraged to be maintained and redeveloped as appropriate; and facilities and services that support tourist commercial operations will be encouraged.
Efforts to make commercial tourism year round will be supported. The development of new attractions, facilities, services and events that enhance and complement the existing tourism base will be encouraged. All forms of tenure will be considered for new, expanded or redeveloped resorts within the Whitewater objectives and policies of this Plan.
Regardless of the form of tenure, accommodation units within a resort development should be made available to the traveling public, be operated for profit, under central management on location, and will provide ongoing services and recreational facilities normally provided in a commercial setting. Documentation, enforceable by the municipality, including both zoning and appropriate agreements will require commercial use and maintenance of the commercial components of the development. New resorts, complementary facilities and attractions are encouraged to locate in appropriate locations subject to the relevant policies of the County Official Plan and the Whitewater Region goals, objectives and policies.
16.5 Water Setbacks
Setbacks provide room for buffers and are utilized to attenuate nutrient loadings from storm water as well as to maintain the natural integrity of shorelines. Setbacks are also utilized to reduce or soften the visual impact of development on a lot. Vegetation within the setback should be disturbed as little as possible. Similarly, alterations to the soil mantle should be minimized. Notwithstanding the policies of Section 2.2 (11) of the County Official Plan to the contrary, the following water setback policies shall apply within the Township of Whitewater Region.
The minimum water setback for all structural development (including the redevelopment of existing properties) except refurbishment or modernization of existing dwellings, shall be 30 metres (98 feet). A septic tile field shall be a minimum of 30 metres from the high water mark. This provision does not apply to docks or boathouses or other approved shoreline structures. A lesser setback may be permitted within existing lots of record only if it is not physically possible, due to terrain or depth of features, to meet the required setback. In the case of redevelopment of property, the imposition of the new setback would result in a more negative impact on the property than allowing reconstruction at the existing setback.
A site evaluation report and a site plan agreement may be required by the Township in support of requests to reduce the setback for existing lots of record beyond that which is established in the zoning by-law. The site evaluation report will clearly identify the compensating features that justify the reduction in setback and will propose mitigation measures to further reduce the impact of the development.
16.6 Wellhead Protection Areas
Wellhead Protection Areas for the Village of Beachburg and the Haley Town Site shall be protected and managed in a manner which ensures the sustained integrity of the groundwater resource. Notwithstanding the uses permitted by the underlying designations, uses which are incompatible with Wellhead Protection Areas shall be prohibited in the implementing Zoning Bylaw.
16.7 Site Evaluation Report Requirements
Site evaluation reports shall be required for waterfront development proposals greater than 5 lots, resort or condominium development. Council may also require a site evaluation report to support waterfront development proposals containing less than five lots. The site evaluation report shall take into consideration the existing water quality of the water body, surface water runoff, impacts and loadings of phosphorous from septic systems, type of soils, stormwater management and nature of vegetation. The Township shall, at the expense of the developer, retain the services of a qualified professional to review the site evaluation report to ensure the protection of water quality. Mitigation measures arising as a result of the recommendations of the evaluation report and/or peer review shall be implemented as a condition of development or site plan approval. The report shall also address relevant requirements for waterfront development as outlined in Section 2 – General Development Policies of this Plan.
16.8 Cultural Archaeological Resources
In addition to Section 2.2(6) Cultural Heritage and Archaeological Resources of this Plan, the following policies shall also apply in the Township of Whitewater Region. Consideration shall be given to the impacts on buildings and areas of historical, archaeological, scenic or architectural importance prior to the approval of public works or development projects. Council may use the Ontario Heritage Act to conserve significant cultural heritage resources through heritage property designation by-laws. When an identified human cemetery or a marked or unmarked human burial is affected by development, Council shall ensure that an archaeological assessment is carried out by a qualified professional.
16.9 Private Roads
A private road is defined as a road under private ownership which serves two or more legally conveyable lots and may include a right-of-way registered on title. A driveway provides access to only one property or legally conveyable lot, despite the length of the access. A driveway also includes a shared access between two abutting properties. Notwithstanding any other policies of this Plan to the contrary, following policies shall apply to all private roads within the Township of Whitewater Region.
There is no legal obligation on the part of the Township to maintain or repair private roads or otherwise provide services to any development located on a private road, nor is there any responsibility acknowledged for the provision of school busing. New private roads shall be developed under agreement with the Township and will be required to meet a minimum standard of construction and maintenance to ensure that access can be gained for emergency vehicles.
The Township may register a notice on title or require that the owner enter into an agreement acknowledging that the Township will not be responsible for the repair or maintenance of private roads or the provision of services to any development located on a private road and further that the Township may not be able to provide emergency services to development located on a private road due to the condition of the road.
New private roads or extensions of private roads may be permitted provided that: the private road is constructed to a standard capable of accommodating emergency vehicles; it is directly connected to a public road which is maintained year round; the road is owned jointly by the lot owners served by it or the owners have a right of access set out in a deed; and an agreement is registered against the land setting out the procedures for maintenance of the road and absolving the Township of any liability or responsibility for its upkeep or the provision of services. The design and construction of a private road will be undertaken by a professional engineer, or other persons competent in road construction who are approved by the Township. A new private road may also be permitted as part of a plan of condominium. Legal access shall not be granted to Provincial Highways from a private road.
16.10 Private Multi-Unit Servicing
Tourism and resort development is an important component to the future economy of the Township of Whitewater Region. In order to finance the development and redevelopment of resort properties, resort owners may desire to use the Condominium Act. Under the Condominium Act, the condominium corporation is responsible for the water supply and sanitary sewage disposal system which services a multi-unit commercial development. This form of development is referred to as private communal servicing. It is the position of the Ministry of the Environment that where development is registered by way of condominium description, the municipality has a responsibility and liability to ensure that the system remains operable and safe.
In order to minimize the liability of the municipality, reserve funds and an ongoing maintenance program is required. Where property has been registered by way of a condominium description, private servicing may be permitted where the sewage and water works have been built to a standard satisfactory to the Ministry of the Environment and the Township of Whitewater Region. An authorized and enforceable agreement is registered against the title of each unit within the condominium which requires the establishment and administration of a reserve fund to ensure that adequate revenue is available to repair, maintain, replace and upgrade the works required, and outlines and requires implementation of financial controls to the satisfaction of the Province and the Township to ensure the provision of above and requires the annual review of same by the Township and the Ministry of the Environment and requires the owner to submit to the Township and the Ministry of the Environment, an annual report prepared by a Certified Chartered Accountant and a Registered Professional Engineer outlining the status of the reserve fund and deficiencies in the works on an annual basis. The development is in accord with all other policies of this Plan and constitutes multi-unit resort commercial development.
16.11 Agriculture & Water Quality – Best Management Practices
Where possible, collaboration is encouraged between agricultural stakeholder groups such as the Renfrew County Water Quality Leadership Group, the Muskrat Lake Watershed Council, farm organizations in Renfrew County, agricultural property owners, relevant agencies and different levels of government, to implement best management practices to protect the water quality of the Township. This may include promoting voluntary strategies and practices that help to minimize run-off from properties with high nutrient content including maintaining naturalized buffer zones, and encouraging all landowners to adopt the principles of the 4Rs (right product, right place, right method and right time) with respect to fertilizer and manure applications. Collaboration is further encouraged with respect to education and training initiatives that assist in implementing Best Management Practices, and/or providing education and training to property owners or groups interested in implementing water quality improvement initiatives on their property. This collaboration may also include further education and training related to programs and funding when/where available.
