committee of the whole - 11 jul 2017 - civicweb

37
CORPORATION OF THE TOWNSHIP OF HAMILTON COMMITTEE OF THE WHOLE MEETING AGENDA July 11, 2017 at 1:00 PM Members: Absent with notice: Staff: Kate Surerus, Municipal Clerk, Director Corporate Services; Arthur Anderson, Chief Administrative Officer; Paul Dowber, Treasurer Media: Page 1. Call To Order 2. Declarations Of Pecuniary Interest And The General Nature Thereof 3. Delegations/Presentations 2 - 29 3.1 Northumberland District ATV Riders Club - Allan Knott, member/Mike Ainsworth, President Re: Request consideration of a By-law to permit 30 - 37 3.2 Chris North - Jane Miller North Re: Request to extend road for building permits 4. Closed Session (if required) 5. Adjournment Page 1 of 37

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CORPORATION OF THE TOWNSHIP OF HAMILTON

COMMITTEE OF THE WHOLE MEETING AGENDA

July 11, 2017 at 1:00 PM

Members:

Absent with notice:

Staff: Kate Surerus, Municipal Clerk, Director Corporate Services; Arthur Anderson, Chief Administrative Officer; Paul Dowber, Treasurer

Media:

Page

1. Call To Order

2. Declarations Of Pecuniary Interest And The General Nature Thereof

3. Delegations/Presentations

2 - 29 3.1

Northumberland District ATV Riders Club - Allan Knott, member/Mike Ainsworth, President Re: Request consideration of a By-law to permit

30 - 37 3.2

Chris North - Jane Miller North Re: Request to extend road for building permits

4. Closed Session (if required)

5. Adjournment

Page 1 of 37

Municipal Date Stamp

Attention:

MunicipalClerk, Township of Hamilton

8285 Majestic HillsDr. Camborne

Phone: 905-342-2810Ext 110 Fax: 905-342-2818

Email: ksurerus@hami|tontownship.ca

Schedule “C” — Reguest for Dt2l_egationStatus

Name of |ndividua|(s) speaking: Allan Knott, Mike Ainsworth

Position title: Member, President ATV Club

Name of Organization: NorthumberlandDistrict ATV

Phone Number: 289-691-9180 Email: [email protected]

Reason(s) for delegation Request (subject matter to be discussed)

The purpose of this presentation to this Municipal Council is to request the council to implement a ATVROAD USE ACCESSBY-LAWwithin our Municipality.

I will be providing:

1) A formal document/letter for the Agenda open El closed El

2) A copy of the presentation electronicalTy\ open :1 closedm#6/’/,,_.,

0 Note: Delegates are required to provide one (1) coy of all background/presentation materialsto the Municipal Clerk no later than 4:00 p.m. on the Wednesday preceeding a Council/Committeeof the Whole Meeting in order to be included on the agenda package.In accordance with the Procedural By-law No. 2015-07:

Delegates appearing before Council or Committee are required to limittheir remarks to 10 minutesrespectively with a 5 minute question period to follow.

Once the above information if received by the Municipal Clerk, you will be contacted to confirmyour placement on the appropriate agenda.

Please note that all meetings are open to the public except where permitted to be closed to thepublic under legislated authority.

Page 2 of 37

Signature of Delegate: \§§

Signature of Municipal Clerk or designate:

Date:

Personal information on this form is collected under the authority of the Municipal Freedom ofInformationand Protection of Privacy Act, R80. 1990, c.M56, as amended. Inquiries about thecollection of personal informationshould be directed to the Municipal Clerk.

Page 3 of 37

Presented by NDATV May, 2017

Page 4 of 37

About NDATV • Northumberland District ATV Riders Club has been apart of Northumberland

since 2006 and affiliated with the Eastern Ontario Trail Alliance.

• Since 2016 NDATV moved under the umbrella of the Ontario Federation of all Terrain Vehicles Clubs.

• NDATV has about 140 members and maintains over 310 kilometers of trails. • We have a website www.northumberlandatvriders.com since 2008 and have a

Facebook presence since 2015. • In 2014 NDATV has built a clubhouse located at 505 McDonald Road in

Centreton in Alnwick/Haldimand. • We organize rides, socials, fundraising rides and specials events. • NDATV provides training on GPS, ATV Maintenance and Wardening courses.

Page 5 of 37

About NDATV continued • Performs maintenance and patrols our trails. • We have participated every year since 2011 on the Mayor’s

Garbage Pickup/Earth Day Challenge. • Raised to date $14,647.01 for Northumberland’s Food for Thought Student Nutrition Program. • Collected toys for several years for the Giving Tree. • Obtains Landowner Agreements for using trails through their

property as well as having liability insurance of $5 million. • NDATV’s moto is “Safe and Responsible Riding”

Page 6 of 37

OFATV • Ontario Federation of All Terrain Vehicle Clubs • One trail access model available, from one sustainable organization

that represents the interests of all recreational ATV’ers in Ontario. • The not-for-profit volunteer driven association has a board made up

of 5 Executive positions, Directors from each District and has 2 Staff Members.

• Dedicated to helping develop ATV Clubs across the Province and assisting member clubs.

• Trail Insurance for registered Landowners, OFATV, and the member ATV Club at no direct cost to Landowner, clubs and affiliated groups or communities.

• OFATV is a: • Board Member of OTC(Ontario Trails Council.) • Member of the TIAO Board (Tourism Industry Association of Ontario). • Member of the AQCC (ATV Quad Council of Canada). Page 7 of 37

OFATV Continued • The OFATV Member clubs strive to provide responsible, safe, legal,

and environmentally friendly trails, for riding all-terrain vehicles in the province of Ontario.

• The OFATV supports and provides safe riding training. • OFATV Club Trail Wardens and members are ready to assist when

needed, with skills of First Aid, CPR, AED and partnering with their local Enforcement Agencies to help when requested for things like Search and Rescue, wildlife emergencies or just out for the day on the Trails checking Membership Stickers, licenses, registrations and insurance paperwork.

• Promotes safe and responsible Trail riding that demonstrates respect for wildlife, private land, landowners, crown land, and other Trails user groups in Ontario.

Page 8 of 37

Why OFATV • The OFATV is the only ATV organization in Ontario that has a

Provincial mandate. • So when Government brings forward recommendations such as an

annual licensing fee, the OFATV is invited as a stakeholder, to ensure that within the ministries mandate, a portion of the funds collected, will be turned over to trail management groups like the OFATV to develop programs, trails, clubs, policing, education, etc..

• Governments in general are looking for problem solvers, the OFATV provides that service. For Example; In many cases if erosion occurs due to ATV usage on a trail, the

Government or landowners answer is to close that area to motorized use. We offer an alternative, that being to develop a club that will take responsibility for the maintenance on the land in question. Then warden it, to make sure that members, (those that contribute to the sport) are the ones that are enjoying the trail.

Page 9 of 37

The Purpose of this Presentation • The purpose of this presentation to this Municipal Council is to request

the council to implement a ATV ROAD USE ACCESS BY-LAW within our Municipality.

• NDATV has been requested this year to present an ATV road use access by-law to Brighton, Cramahe and Hamilton Councils based on the successful ATV road use access by-law trial in Trent Hills and the current by-laws in Cramahe and Alnwick/Haldimand.

• Having the ATV Road User Access By-law will not only allow for a continuation of an ATV trail system across our province, but will allow both the citizens of Northumberland and future visitors to participate in a safe, enjoyable, family oriented form of recreation while boosting tourism and enhancing economic development within our Municipality.

Page 10 of 37

STATISTICS • In a recent OFATV presentation to NDATV:

There are about 350,000 ATV’s in Ontario.

The number of ATVs continues to grow in Ontario at an astonishing rate.

Our last reviews showed ATVs outselling snowmobiles at a rate of 8 to 1.

Only 1% of these riders belong to an organized ATV Club.

OFATV has a goal to have all ATVs Clubs organized so only one trail pass is

required for all Ontario Trails.

Page 11 of 37

THE PURPOSE OF THE BY-LAW

Access to: •Food •Lodging •Fuel •Services •Trails Across municipalities

Page 12 of 37

We have spoken to: • Our Members in your Municipality • Neighboring Municipalities • OPP and Police detachments • Local businesses • Other ATV clubs • EOTA and OFATV • Obtained feedback concerning the ATV Road User Access By-Law in

neighbouring municipalities from a great variety of sources. • In the Past we: have also gathered local signatures in the form of public petition sheets at local

businesses. have also created an online petition in support of this by-law.

Page 13 of 37

BENEFITS provide a family orientated activity where all family members can participate in an exciting and fun outdoor activity

agricultural benefits where farmers can use their ATVs to reach their land, carry feed to their livestock etc. And with trails well marked , the farmers will not be concerned about trespassing and damage to their crops or fields.

economic development through an increase of local economic activity with ATV participants and visitors, spending dollars for gas, food and lodging at local businesses..

expose local businesses and tourism through publicity on global ATV websites such as EOTA’s “thetrail.ca”, OFATV, Tourism Ontario and NDATV’s website.

Page 14 of 37

ATV Road Use Access By-Law

• Life style

• Real estate values

• Public safety • Liability

Page 15 of 37

LIFE STYLE

Noise is of concern and for comparisons here are a few.

• Auto horn at 3 feet…100dB • Motorcycle at 25 feet…90dB • Food blender…88dB • ATV at 60 feet…82dB (4 stroke) • ATV revved at 100 feet…76-80dB

An ATV going through town at 20 kms/hr. will be quieter…

…than a blender

…than a lawn mower

Page 16 of 37

REAL ESTATE VALUES Mr. McRobbie from the Re/Max office

states in his letter : “I am not aware of any empirical evidence

supporting the position that the expanded ATV regulations decrease property value.”

“ I have never had a buyer say to me that they don’t wish to live in a certain area based on ATV regulations. “

“I have never had a buyer say to me that they expect to pay less for a property based on ATV regulations.”

“In my experience the use of 4 wheelers (ATVs) is a non-factor regarding real-estate transactions.“

Page 17 of 37

PUBLIC SAFETY We have obtained written feedback from Police Services and

BY-LAW Officers from Municipalities with ATV By-Laws in place.

“I can say that no significant concerns or complaints have come to the attention of the police from the

operations of ATVs. Furthermore, it appears that the

operators are following the provisions of the by-law, and I am not aware of any infractions or safety risks that

may have occurred in the past 8 months. ”

The above quotation reinforces our

claim that the ATV clubs are educating their members well with respect to safety and following the

rules of the trails.

Page 18 of 37

PUBLIC SAFETY

“Since approval of the by-law, there have been few, if any complaints that have been

forwarded to the By-law Enforcement Department.

However, since this takes place on the highways and potentially outside of regular office hours,

most enforcement would be completed by the OPP from the Peterborough Detachment. I do

not have records of any incidences from the OPP.”

Page 19 of 37

PUBLIC SAFETY • NDATV riders club raised $ 20,000 in donations to build a small bridge in

memory of Lizzy. • NDATV riders club maintains their trails and adds signage. • NDATV donated GPS units, maps and training to Cramahe and Alnwick/Halimand fire dept.

Page 20 of 37

PUBLIC SAFETY • To ensure PUBLIC SAFETY, ATV clubs provide their riders with training and

educational material that promotes safety rules, as show below. This material and more are available to the local riders, and are promoted by the ATV Clubs.

Page 21 of 37

Also based on conversations with insurance providers, the Liability

costs of policies for municipalities do not increase with an ATV By-law in

place.

LIABILITY • With respect to this important concern related to the ATV By-law, we have

requested written feed back from neighbouring Townships with this by-law in place. “I should also add that

having the ATV by-law has had no negative impact on our township insurance costs.”

the Township of CRAMAHE

Page 22 of 37

LIABILITY • With respect to this important concern related to the ATV By-law, we

have requested written feed back from neighbouring Townships with this by-law in place.

“… there has been no incidents in respect to our municipal public highways or has the municipality have any insurance claims in respect to litigation nor has this by-law impacted our annual municipal insurance.“

the Township of Alnwick/Haldimand

Page 23 of 37

Extracts from Travel Pamphlets

ECONOMICAL BENEFITS • There will be a boost to the local economic activity through ATV participants and visitors,

who will spend dollars for gas, food and lodging at local businesses. • An independent economic impact study completed by Smith Gunther Associates Ltd., on

behalf of the Canadian Off-Highway Vehicle Distributors Council (COHV) reported that in 2015 Ontario residents spent $974 million on activities directly involving the operation of All Terrain Vehicles (ATVs) and recreational off-highway vehicles (ROVs) also known as side by sides.

• NDATV’s website has on average 3,200 visitors accessing 50,000 pages and downloading 1.5 GB a month. Our website is accessed world wide all across Canada, followed by the USA, United Kingdom, Europe and

many other countries.

Based on information obtained from website articles –

the business from ATV’s tripled in some places in the past year,

which boosted the local tourism and hospitality business activity.

Countries accessing NDATV’s website

Page 24 of 37

Trent Hills Independent Apr 08, 2016

Trent Hills Independent By John Campbell Trent Hills - Allowing all-terrain vehicles on municipal roads “appears to have had little effect” on policing in Trent Hills last year, according to an analysis done by Northumberland OPP at council's request. And opening up public roads to ATVs “does not appear to have had any impact on public safety,” added Constable Jody Albert in a report he prepared for the period following the implementation of the bylaw June 15 to the end of November. Of the 13 occurrences involving ATVs that turned up in his search of the records, only one was related to the new bylaw, which resulted in charges for operating an ATV between dusk and dawn, a $200 fine, and having a modified exhaust system, a $150 fine. One individual was charged with several offences related to the operation of an ATV but “those charges would have been laid regardless” of the new bylaw, Albert said. In that incident, the OPP received complaints of an ATV being driven erratically in and around Campbellford. “The driver refused to stop and fled” when approached by police but he was arrested later and charged with a half-dozen Highway Traffic Act offences. Three more charges were laid under the Off-road Vehicle Act. Nappan Island subdivision moving forward The 65-unit residential development proposed for Nappan Island took another step forward April 5 with council's approval of an Official Plan amendment that allows it to go ahead. The subdivision had been the subject of two public meetings and “it was apparent” after the last one in December “that most questions and issues” raised by residents in the area “had been resolved,” director of planning Jim Peters said in a report to council recommending approval of the amendment. The units will be built in two phases on a 127-hectare (315-acre) property with shoreline frontage on Lake Seymour. The recreation-based development includes 35 hectares (87 acres) of protected lands, three access points to water and 2.1 kilometers of new roads. Thirty-four of the units will be for permanent residents. The development will be the first in North America by the owner of the property, a numbered company with international roots. John Campbell is a reporter with the Central Hastings Trent Hills Independent and the Brighton Independent. He can be reached at [email protected]. Follow him on Twitter and Facebook.

opening up public roads to ATVs “does not appear to have had any impact on public safety,” added Constable Jody Albert in a report he prepared for the period following the implementation of the bylaw June 15 to the end of November.

Allowing all-terrain vehicles on municipal roads “appears to have had little effect” on policing in Trent Hills last year, according to an analysis done by Northumberland OPP at council's request.

Page 25 of 37

Additional Feedback • Mr. Mayor Harrison of Quinte West on May 1,2016 was asked what

effect their ATV bylaw had in their municipality: Passed in 2006/07, he stated legalizing with a clear set of rules has provided

tremendous results for us. ATV users no longer have to run and hide, they know the rules, the police know the rules and the issues of the past have gone away. We are also grateful for the revenue it has created.

• Mr. Marc Coombs, Mayor for The Municipality of Cramahe on May 1 2016: The bylaw was created 8 years ago, first year was a trial period. He stated,

the bylaw has been great for us! He said the Northumberland Trail Riders Assoc. have done a tremendous job of policing and administrating their rights. He states they make trail improvements that make them safer, we as the municipality have aided the users with a culvert or two and gravel in the event of a washout for example. He concluded by saying, prior to the bylaw I was receiving a minimum of two calls or emails per month of complaint from their residents. In eight years since, I have had one call, and it was with regards to a motorcycle.

Page 26 of 37

Recommendations

Through the work on promoting the ATV by-law in Trent Hills we obtained overwhelming support and encouragement for our effort.

This was through talking with individual

residents, businesses; as well as through the ‘signatures of support’ sheets located at local

businesses. Page 27 of 37

Ontario ATV Regulations from The Ontario Ministry of Transportation website

• Municipality of Hastings Highlands • Town of Bancroft • Township of Faraday • Township of Carlow Mayo • Township of Tudor & Cashel • Township of Limerick • Township of Wollaston • Township of Madawaska Valley • Township of Killaloe, Hagarty & Richards • Township of Brudenell, Lyndock & Raglan • Township of Addington Highlands • Township of Laurentian Hills • Township of Greater Madawaska • Township of Admaston/Bromley • Township of Horton • Township of Renfrew • Township of McNab-Braeside • Town of Arnprior • Township of Montague

• Township of North Frontenac • Township of Tay Valley • Township of Trent Hills • Township of Central Frontenac • Township of South Frontenac • Municipality of Marmora & Lake • Township of Madoc • Municipality of Tweed • Township of Stirling-Rawdon • Municipality of Centre Hastings • Township of Tyendinaga • Quinte West - Just N of 401 • Township of Stone Mills • Town of Greater Napanee • Loyalist Township • Prince Edward County • Township of Cramahe • Township of Alnwick-Haldimand • Township of Havelock-Belmont-Methuen • Municipality of Highlands East

South Eastern On. Regions that have passed a bylaw allowing ATV's:

Page 28 of 37

LET’S PUT OUR MUNICIPALITY ON THE ATV MAP

AND START BENEFITING FROM IT

Page 29 of 37

Chris North129 Midland Avexiue

Scarborough, Ontario

M1N3Z8

[HAMILTONTOWNSHIPCOUNCILOF WHOLEMEETINGJuly 7, 2017 JULY11, 2017]

Property Owners: Chris North, gene Miller North

Roll Numbers: 1419-000-050-06801-0000

Property Location: Corner of Alnwick and Turk RoadHamilton Township, Ontario

Background:

The above noted property 1419-O00-050-06801-0000 hereafter referred to as subject

property was purchased in February, 2012 for the purpose of building a retirement home inthe future. Prior to the purchase extensivesearching was undertaken in the area for this

property due to its scenic nature and the fact that Jane Millerwas from the area with

extended family still residing in the area. We contacted a local agent Mr. BillMclean of

Pentel Realty to locate a property that was suitable for building a future residence. Mr.Mclean identi?ed the subject property to be suitable for our needs. At the time requested

some additional backup information was requested to assure that a residential dwelling

could be constructed at the subject property. Several documents were provided by the RealEstate agent as evidence of building permit availability were received and relied upon. They

included an appraisal from B.G. Duncan of Duncan Appraisals of Coburg Ontario. Theappraisal indicated that both the current zoning and usage was residential (see attached

appraisal). in addition Mr. Mciean provided a HamiltonTownship zoning bylaw document to

indicate that a residential dwelling was fullyacceptable based on the current zoning (see

highlighted attached HamiltonTWPdocument). Further to these documents i personally

called the HamiltonTWP offices prior to the purchase of the subject property and inquired

to the availability of a building permit for the aforementioned. A verbal assurance was

Page 30 of 37

Chris North129 Midland Avenue

Scarborough, Ontarioivl1l\l3Z8

[HAMILTONTOWNS!-HPCOUNCILOF WHOLEMEETINGJuly 7, 2017 JULY11, 2017}

given by a HamiltonTWP officialthat a building permit was available for the subject

property. So after conducting our due diligence we went ahead with the purchase of thesubject property in February 2012.

in the spring of 2017 we came down to visit the HamiltonTWP offices to inquire about thebuilding permit for the subiectproperty. We were told by Sandra Stothart of Hamilton‘IWP thata building permit could not be issued due to environmental restrictions from its zoning withintheOak Ridges Moraine however this fact was never brought up during the 2012 timeframe when

calling the HamiltonTWP of?ciais. She also indicated that there was a residential building

envelope at the south end of the property near AlnwickHillsRoad as there was no road access.AlnwickHillsroad which fronts on the subject property was not a serviced year round road asrequired by HamiltonTWP zoning requirements.

Subsequent to the aforementioned both myself and Mr. Jim Devlinwho is our family lawyer metwith both Mr. Greg Wells and Mr. Mark Peacock of the Ganaraska Conversation Authority. Thepurpose of the meeting was to establish ifwe could construct an access road off our Turk Roadfrontage to the building envelope. Both gentleman indicatedthat the area although being

surrounding by numerous ‘residentialdwellings was currently located in an environmentalsensitive zone and therefore subject to restrictions. Afterfurther discussion it was concludedthat a road extension of AlnwickHillsRoad (see diagram Option 1) or a private road (see

diagram Option 2) was a more environmentally sensitive approach to accessing the building

envelope at the south end of the property. A letter from the conservation authority supportingthe road extension is currently be reviewed and willbe submitted upon completion in advanceof the next HamiltonTWP council meeting.

@_i§

The request for access has two options.

Page 31 of 37

Chris North129 Midland Avenue

Scarborough, Ontario

M1N3Z8

[HAMILTONTOWNSHIPCOUNCILOF WHOLEMEETINGJuly 7, 2017 JULY 11, 2017]

PTION ‘I

This option would be an extension of AlnwickHills Road from the southern limitof the existing

year round road northwards approximately 500m to the subject property. Since there is a

seasonal road existing only a road upgrade would be required. The environmental impact would

be negligible since there is already a seasonal road. Year round maintenance by the TWPmaybe required. This is identi?ed in the accompanying map.

OPTION 2

This option would be a private road running parallel to AlnwickHillsRoad from the intersection

of Turk Road southwards to the subject property. The proximityto the existing road would allowa small environmental footprint with minimal impact on the surrounding area. The costs for the

road and maintenance would be the responsibility of the property owner. This is identi?ed in the

accompanying map.

The subject property was zoned residential before the designation by the Oak Ridges Moraine

and had a prior permit available before the designation. We would appreciate working with the

township to obtain a building permit for the subject property. Thank you for your time and

consideration.

Respectfully Submitted,

g0/.—./W-Chris North B.Sc., MBA

Page 32 of 37

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Page 34 of 37

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Page 35 of 37

5.39.1 SingleDetache;dDwelling rPern.1,iltl:ie.‘¢l?

0 Notwithstanding any provisionof thisBy-layr..a,_singledetacheddwellingis a permitted.936, 3.58 principal«u§éfo?'=l'é?3§’iiién??9§i...,. .AMA»ER».3RsL$RaWR1fURV1’e:UR? .

oi'=J.aod§<igs.i?edaé F§C.._ ,,no,i-ii.‘WRC:and CF on Schedule ‘M’to thisEyilawviit?inftherOak Ridges MoraineConsenIation..Plan~Areaprovided the: single-defached;;5:lwel'lin9.§Qn3;;li4es_withall._o_th‘e"_rprovisions:of‘the‘appiicable zorieand~further,theapplicantsubmits informationat thetimeofgui‘ld,iggp_err_nitapplicationthat the use, andlocationwill(not,to the.efxten‘tIpossible.'adVel?$€1Yl‘§?§6’t_‘lfie7ecologicaljlritegrity~ofthe.oak:RidgesMoraine.This informationmay include a naturalheritage evaluation and/or hydrologicalevaluation completed in accordance with the Oak Ridges Moraine Conservation Planand willbe approved by H19Township in consultation with the local ConservationAuthority. Approval of the development is subject to site plan approval by theTownship.

SECTlON 7 - MA - MARGINAL AGRICULTURE ZONE

7.1 Wrthina Marginal Agriculture Zone, no person shall use any land, erect, alter, enlarge,use or maintain any building or structure for any use other than as permitted in this sectionand also such use, building or structure shall be in accordance with theregulations contained orreferred to in this section.

7.3 ZONE REGULATIONSa) For the Principal Building

i) Lot Area (Minimum) 2 hectares (4.9 acres)ii) Lot Frontage (Minimum) 60 metres (196.9 ft.)iii) Building Height (Maximum)

a) Agricultural Uses 45 metres (147.6 ft.)b) Allother uses 10 metres (32.8 ft.)

iv) Front Yard and Exterior 20 metres (65.6 ft)

Side Yard (Minimum)lnteriorSide Yard (Minimum) 10 metres (32.8 ft.)Rear Yard (Minimum) 20 metres (65.6 it.)

v) Gross Floor Area of Dwelling (Minimum) 90 sq. metres (968.7 sq. ft.)

vi) No building or strudure used for the housing, training or care of animalsin conjunction with a kennel as de?ned in this By-law, shall be locatedless than 150 metres (492.1 ft.) from a residential zone or existingresidential use.

viD No accessory building or structure shall be greater than 4.5 metres (14.8 ft.) in height.

viii) Off-street parking shall be provided in accordance with Section 5.31.

ix) Livestock facilities shall be located in accordance with Section 5.36.

b) For Accessory Buildings Not Attached to the Principal Building

0 Rear Yard (Minimum) 10 metres (32.8 ft.)ii) interior Side Yard (Minimum) 10 metres (32.8 ft.)iii) Exterior Side Yard (Minimum) 20 metres (65.6 ft.)iv) No accessory building or structure shall be located less than 3 metres (9.8 ft.)

from any interior side lot line or rear lot line.

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SECTION28 - ES - ENVIRONMENTALLYSENSITIVEAREAS

28.2 PERMITTEDUSES

5) all uses permitted within the underlying zone classi?cation.

28.3 ZONE REGULATIONS

For all uses, buildings and structures, the regulations of the underlying zone

Prior to issuing a building permit for any building or structure withinthe EnvironmentallySensitive Areas, the Township should be satis?ed, in consultation with the local ConservationAuthority, that no physical hazard exists which would cause harm to lifeor property and inthis regard, the Township, in consultation with the local Conservation Authority, may requireprofessional technical reports to be submitted in support of any development (i.e. drainagereports, slope stability reports, environmental reports). In this regard, the applicant isencouraged to consult with the local Conservation Authorityprior to submitting the buildingpermit application to determine the extent of the physical hazard and need for a report;

28.4 GENERAL

Allappropriate provisions of Section 5 General Provisions shall apply, where applicable, toany land, lot, building, structure or use within the ES - Environmentally Sensitive Areas.

28.5 SPECIAL ES - ENVIRONMENTALLYSENSITIVEAREAS

SECTION 29 - OAK RIDGES MORAINEENVIRONMENTALZONE

29.1 The following provisions shall apply to the Oak Ridges Moraine Environmental (ORME) Zone.

29.2 PERBMTTEDUSESNo person shall hereafter within an Oak Ridges Moraine Environmental (ORME) Zone, use any landor erect, alter or use any building or structure for any purpose except one or more of the following118652I)I0iii)W)

V)

V)

uses legally existing as of November 15, 2001;?sh, wildlifeand forest management;conservation projects including flood and erosion control projects;transportation, infrastructure and utilitiesuses in accordance with the applicable policies ofthe OfficialPlan;low intensity recreation as de?ned in Section 37 of the Oak Ridges Moraine ConservationPlan; andaccessory uses to the above permitted uses.

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