Loyalist Secondary Plan

Amending By-laws

Section 1 - Title, Components and Administration

1.2 - The Secondary Plan covers all land shown on Schedule A within the City of Belleville.

1.3 - The Loyalist Secondary Plan was adopted as an amendment and forms part of the Official Plan for the City of Belleville.  Development in the Secondary Plan area shall be guided by the policies and provisions of the Secondary Plan and the City of Belleville Official Plan.  In the event of a conflict, the policies of the Loyalist Secondary Plan shall prevail.

1.4 - The attached text and Schedules A, B, C, D and E constitute the Secondary Plan.

• Schedule A   Land Use
• Schedule B   Water Distribution System
• Schedule C   Sanitary Sewer System
• Schedule D   Stormwater Management System
• Schedule E   Transportation and Trail System

1.5  - The attached Appendices 1, 2, 3 and 4 do not form part of the Secondary Plan.  They are provided for information purposes only and will be used as a guide to identify and indicate the estimated capital cost of major infrastructure required to implement the Secondary Plan.

• Appendix 1    Estimated Capital Cost (2008) – Water Distribution System
• Appendix 2    Estimated Capital Cost (2008) – Sanitary Sewer System
• Appendix 3    Estimated Capital Cost (2008) – Stormwater Management System
• Appendix 4    Estimated Capital Cost (2008) – Transportation & Trail System

The City of Belleville shall have regard for the attached Appendix 5 when making decisions regarding planning matters.

• Appendix 5    Potter Creek Master Drainage Plan – Implementation Report (2008)

Section 2 - Background Loyalist Secondary Plan

2.1 - Description of the Loyalist Secondary Plan Area

The Loyalist Secondary Plan area encompasses approximately 950 hectares (2347 acres) of land located east of Wallbridge Loyalist Road, south of Highway 401 and north of the Bay of Quinte.  In 1998 and 2003 the Secondary Plan area lands were annexed by the City of Belleville from the Township of Sidney and the City of Quinte West in order to accommodate the need for additional urban serviced land.

In 2005 the City commenced the secondary planning exercise to determine an appropriate mix of land use together with a servicing strategy to help meet the growth needs of the City of Belleville to the year 2030.  The Plan area will accommodate a population of approximately 9000 people residing in a mix of low, medium and high density housing.  It also includes a large area of employment lands strategically located adjacent to Highway 401, Wallbridge Loyalist Road and Dundas Street West to help accommodate the future commercial and industrial land needs in the City.

At present, the lands are relatively undeveloped although several institutional, commercial and residential uses currently exist.  These uses will be integrated into the community over time as the area develops.  Institutional uses including the continued expansion of Loyalist College will play an important role in the future of the Loyalist Secondary Plan.

The area is also blessed with a network of natural heritage features dominated by the Bay of Quinte and Potter Creek, its associated tributaries and floodplains. These natural heritage features will play an important role in the development of the Loyalist planning area by providing opportunities for passive recreational uses such as walking/cycling trails and passive open space.

2.2 - Purpose of the Loyalist Secondary Plan

The purpose of the Loyalist Secondary Plan is to guide a wide range of development opportunities in the area to the year 2030.  The Plan encourages, to the extent possible, compact sustainable development to ensure the long-term viability of the area and the City as a whole.  It is consistent with the City’s vision as expressed in the Official Plan.

The area will accommodate a wide range of residential, employment, institutional and recreational land uses.  It will provide housing options catering to all demographic groups including singles, families and those of retirement age.  The Plan also provides employment lands to meet the need for future industrial/commercial uses.  In addition, the area will continue to serve the educational needs of the population through the continued presence and expansion of Loyalist College and other educational facilities.  The Plan will ensure the recreational needs of the residents are met through a network of parks, open space and trails that take advantage of the natural environment.

Development of the lands will be supported by appropriate public infrastructure facilities including roads, sanitary sewers, water distribution, stormwater management, hydro, and other necessary utilities.

Section 3 - Land Use

3.1 - Residential

Residential development will be permitted at low, medium and high densities with forms ranging from single detached dwellings to various types of attached and multiple dwellings, under various forms of tenure (freehold, rental, cooperative, condominium).  Specialized housing for groups such as the elderly and the physically and mentally challenged (i.e. lodge-care and nursing homes) would also be permitted.

Certain secondary uses of land of a non-residential nature may be permitted. Such uses would be restricted to those that are compatible with residential uses and which often perform a service function in support of the residential area within which they are located, or otherwise have such a minor impact that location within residential areas is of little or no consequence.  Examples would include convenience retail and personal service shops, churches, day care centres, branch libraries, and home occupations.

3.1.1 - Residential Policies

• f) This Plan supports the development of affordable housing, and ideally all residential neighbourhoods should have a variety of housing types at various levels of affordability.  While it is recognized that market forces will determine affordability rates, this Plan encourages City Council to establish land use controls that do not preclude the development of a reasonable range of housing options within the Secondary Plan area as a whole.
• g) Preferred locations and designs for high density residential development should be guided by the following principles:
  • i) The lands should have direct frontage on or immediate access^[3] to arterial or major collector roads.  Developments with access only to collector streets should generally be smaller scale.
  • ii) The main access routes to such developments should not be through areas of low density residential development.
  • iii) The preferred locations for large scale high density residential developments would be along major arterial streets or at major intersections where access to two or more major transportation corridors is available.
  • iv) High density residential development should be directed to areas which are adequately serviced with open space and other required community facilities and services, all of which should be of sufficient size to meet the needs of the residents of the housing development.
  • v) While not a prerequisite, a preferred location for large scale high density residential development would be in close proximity to or adjacent to non-residential land uses which service the residential area (neighbourhood commercial uses, schools, parks, churches).
  • vi) High density residential development is a preferred housing form to be established immediately abutting a non-residential land use in another land use category, or along very high traffic corridors.
• h) As the potential impact of high density residential uses on adjacent or nearby residential uses can be significant, care should be exercised when determining building heights, setbacks, buffering, and building orientation (fenestrations) to ensure the impact of such development on residential areas of lower density is minimized; however, where unreasonable land use conflict between high density residential development and areas of lower density would be unavoidable, high density residential development should not be permitted.  Further, City Council should carefully consider the character of a neighbourhood when determining the appropriate locations for high density residential development.
• i) When allocating or determining the preferred locations and design for medium density residential development, City Council should be guided by the following principles:
• i) The lands should have direct frontage on or immediate access³ to either an arterial or collector road.
• ii) The main access routes to such developments should not be through significant areas of low density residential development.
• iii) Where located along collector streets, the preferred locations for medium density residential developments would be at intersections or where access to two or more transportation corridors is available.
• iv) Medium density residential development should be directed to areas which are adequately serviced with open space and other required community facilities and services, all of which should be of sufficient size to meet the needs of the residents of the housing development.
• v) A preferred location for medium density residential development would be in close proximity to or adjacent to non-residential land uses which service the residential area (neighbourhood commercial uses, schools, parks, churches).
• vi) Medium density residential development is a preferred housing form to be established immediately abutting a non-residential land use in another land use category, or along very high traffic corridors.

Care should be exercised to ensure access from medium density housing onto major traffic carriers is provided in a safe manner, and should not be permitted or allowed to be developed in any form where access to the roadway from driveways would create a traffic hazard.

• j) The following principles should be employed by City Council to determine the preferred locations and designs for low density residential uses:
• i) Low density residential uses should not be permitted in any area where access to the roadway from individual driveways would create a traffic hazard.
• ii) Low density residential uses should not be permitted in any area where the impact of adjoining non-residential uses would be excessively disruptive to the quiet enjoyment of the low density residential development.
• iii) Low density residential uses are appropriate along arterial streets, but where there is concern about safe and/or efficient traffic movement along the arterial street, or where there is concern of unacceptable impacts on the low density residential development, use of reverse fronting lots should be considered, or where necessary development should be limited to medium or high density residential uses.
• k) In considering the appropriateness of residential development, issues of form and density should be considered separately where necessary (i.e. a medium density form such as a row dwelling complex developed at a low density, or a low density form such as detached dwellings developed in clusters at a medium density).
• l) This Plan supports the development of all forms of housing in all forms of tenure, being freehold, rental, cooperative, and condominium.
• m) Where any residential development is proposed to be established adjacent or in close proximity to uses or facilities which could have significant impact on such development (i.e. due to noise, light, or visual impact), City Council should ascertain and provide for the most appropriate means of mitigating such impacts, including:
  • buffering through use of plantings, fencing, berming;
  • increased setbacks;
  • solid structural barriers; and/or
  • architectural design (orientation of building fenestrations).

City Council may require the preparation of noise and vibration attenuation studies as set out in Section 6.7 of this Secondary Plan to ascertain the extent of the potential impact and to identify the most effective mitigative measures.

3.1.2 - Non-Residential Policies

• a) Small scale commercial uses within areas designated low, medium or high density residential land use should be restricted to uses that cater to the needs of the immediate residential neighbourhood, or which are of a minor nature (similar impact to a comparable residential use).  As a guiding principle, such uses should be restricted to areas which are considered appropriate for large scale high density residential development as set out in Section 3.1.1 g) and h) of this Plan.  Generally, uses should be:
  • limited in size to no more than 200 square metres floor area;
  • compatible with adjoining residential uses;
  • only permitted in areas which are capable of adequately servicing the needs of the neighbourhood or otherwise be inconsequential; and
  • where grouped, generally limited in size to a cluster of no more than three to four separate uses.
• b) Where commercial development is permitted, site development criteria to be applied should ensure that:
  • safe access from the public street is provided;
  • all outdoor storage areas for garbage are fenced or screened from adjacent uses and preferably located away from the public street;
  • the visual appearance of the property is enhanced through landscaping;
  • all exterior lighting is oriented away from residential properties and adjoining streets; the impact of loading facilities, parking lots and service areas on adjacent residential uses is minimized through fencing or plantings, berming and buffer strips, or increased setbacks;
  • safe pedestrian access and circulation is provided on-site; and
  • the architectural approach recognizes the character of the surrounding neighbourhood.
• c) Residential uses in combination with such development may be permitted provided both land uses are designed to exist compatibly on the same lot.
• d) Institutional and open space uses within areas designated low, medium or high density residential land use should be restricted generally to uses which cater primarily to the needs of the immediate residential neighbourhood within which they are located; examples would include churches, day care centres, and neighbourhood parks.
• e) Institutional uses should be restricted to areas which are considered appropriate for medium or high density residential development as set out in Sections 3.1.1 g) and I) of this Plan.
• f) The impact of such uses on adjoining residential uses should be considered and mitigative measures taken to ensure impact on such adjoining uses is not excessive; the site development criteria set out in Section 3.1.1 m) should be applied to such situation.
• g) Major development plans and subdivisions shall identify and provide for pedestrian/bicycle linkages between residential/local parks/open spaces areas and the proposed open space /trail system identified on Schedule E Transportation and Trail System.
• h) Certain lands in the Secondary Plan are used for railway purposes.  The following policies apply to areas used for railway purposes:
  • Railway corridors should be buffered from adjacent non-compatible land uses as much as possible through such measures as landscaped strips, berms, plantings of trees, and fencing.
  • Care should be exercised at all level crossings to maintain good sight lines to protect public safety and to enable rail operations to continue with as much security as possible.

As railway corridors are a major source of noise and vibration, the policies of this Plan set out in Section 5.4 and Section 6.7 of this Plan should be applied in new developing areas where development that may be subject to the impacts of rail operations is proposed in close proximity to railway lands.

3.1.3   Residential – Exception

• a) Residential – Exception One

Notwithstanding any other provision of this Plan to the contrary, for the lands described as Part of Lot 31, Concession 1, formerly the Township of Sidney, now City of Belleville, County of Hastings, more specifically known as Part 1 on Plan 21R-19789, located on the east side of Wallbridge-Loyalist Road in the City of Belleville, and located within the Residential Land Use – Exception One designation on Schedule “A” to this Loyalist Secondary Plan, the following policies shall apply in addition to the Residential Land Use policies and all other relevant policies of this Plan.

• • i) that development of the subject land will be permitted to occur using an individual on-site water service and individual on-site sewage service.

3.2 - Employment Area

Lands designated Employment Area on Schedule A are intended to be used for a full range of commercial and industrial land uses.  They are lands that will provide employment opportunities to the residents of the region and are located primarily on major transportation routes to ensure maximum exposure to the traveling public and to facilitate ease of access.  Specific and separate policies are established for commercial type employment uses and industrial type employment uses.

3.2.1 - Commercial Employment Use Policies

• a) Commercial employment uses permitted within areas designated Employment Area should be appropriate for the market area the commercial area is best suited or designed to service.  Commercial uses that are intended to service the community or regional markets should be directed to areas that are readily accessible from the arterial road network.  Commercial employment uses that are not along major thoroughfares should be limited to uses which cater to neighbourhood needs, or specialty markets.  Further, regardless of the area’s function or market orientation, care should be exercised to ensure only uses which address issues of land use compatibility, access, servicing, and related matters are permitted on specific sites.
• b) In general, commercial employment uses to be permitted within areas designated Employment Area would include business and professional offices, retail establishments, places of entertainment, assembly halls, restaurants, hotels and motels, personal service uses, automotive uses, community facilities and recreational uses.  In some instances, particularly in the vicinity of residential areas, residential uses either as main uses or in concert with commercial development may be appropriate.
• c) However, not every property designated Employment Area is suitable for all forms of commercial employment activity.  The range of commercial uses permitted within each area should be established taking into account:
  • the nature and extent of the market area that is to be served by the property and the commercial development;
  • the nature of abutting land uses and the potential impact of commercial development upon such uses, and the effectiveness of mitigative measures;
  • the ease of access to the lands in question from the City’s road system and the impact of commercial development upon traffic circulation;
  • the potential and suitability of the location to achieve the market penetration needed to enable the commercial development to be successful;
  • servicing implications; and
  • urban design issues.
• d) Commercial development is dependent upon vehicular access.  Points of ingress and egress should be established to ensure safe movement of:
• vehicular traffic on the public street;
• vehicular traffic on the subject and adjoining lands; and
• pedestrian and cyclist traffic along the street.

Further, commercial development should have sufficient parking on-site to meet the needs of customers and staff.

• e) The following design policies should be applied to all commercial employment development:
  • i) Outdoor storage areas for garbage should be fenced or screened from adjacent uses and preferably located away from the public street.
  • ii) The appearance of parking lots, loading facilities and service areas should be enhanced through appropriate landscaping, with appropriate lighting of such areas to ensure public safety, which should be oriented away from nearby residential properties and not interfere with visibility on public streets.
  • iii) Loading facilities, parking lots and service areas should be located so as to minimize the effects of noise and fumes on any adjacent residential properties, and where possible, such facilities should be located in a yard that does not immediately abut a residential property, and where they do, measures to mitigate the impact of such a location by fencing or plantings, berming and buffer strips, or increased setbacks should be employed as required.
  • iv) Facilities for safe pedestrian access and circulation on-site should be provided.
• f) Developments adjacent to Highway 401 should ensure that the portion of the property facing the Highway is developed with a high standard of urban design.  Open storage areas and parking and loading areas shall be prohibited from areas facing the Highway unless it can be demonstrated that appropriate landscaping and screening to shield the open storage area will not detract from the intended character.  All commercial activities shall be encouraged to locate within enclosed buildings unless it is essential for an activity to locate outdoors, in which case the commercial use will be suitably screened and buffered from the Highway.
• g) Certain lands in the Secondary Plan are used for railway purposes.  The following policies apply to areas used for railway purposes:
  • Railway corridors should be buffered from adjacent non-compatible land uses as much as possible through such measures as landscaped strips, berms, plantings of trees, and fencing.
  • Care should be exercised at all level crossings to maintain good sight lines to protect public safety and to enable rail operations to continue with as much security as possible.

As railway corridors are a major source of noise and vibration, the policies of this Plan set out in Section 5.4 and Section 6.7 of the this Plan should be applied in new developing areas where development that may be subject to the impacts of rail operations is proposed in close proximity to railway lands.

3.2.2 - Industrial Employment Use Policies

• a) Industrial employment uses on land designated Employment Area are intended to serve as the major concentrations of industrial activity in the western portion of the City.  Industrial employment uses are considered to be one of the City’s major enterprise zones, and the policies of this Plan are intended to provide flexibility to enable firms to respond quickly to changing economic conditions.  General industrial employment uses may be large or small scale and may or may not be in enclosed buildings, and are usually incompatible with non-industrial uses.  Service industrial uses are generally located within enclosed buildings with limited outdoor storage and do not produce levels of noise, dust or odours characteristic of general industrial uses which can be detected off-site.
• b) Industrial employment uses permitted on lands designated Employment Area include activities associated with the manufacturing, assembling, fabricating, packaging or processing of goods and services, including transportation/truck terminals, warehouses, railway uses, and other similar uses.
• c) This Plan encourages diversification of the types and sizes of industrial activities in the Loyalist Planning area.  Industrial uses should be permitted on lots of all sizes; for each lot, there should be sufficient area provided to accommodate buildings, parking and loading areas, and landscaping.  Uses may be permitted either as a single use on a lot or in concert with other uses on the same lot, such as industrial malls or plazas.
• d) Certain lands designated Employment Area use are located immediately adjacent to residential areas or land uses that can be sensitive to the impacts of industrial activity.  In such areas, the range of uses should be limited to service industrial uses which are less likely to cause significant off-site impacts.

Industrial employment uses considered obnoxious may be prohibited from being established adjacent to residential uses, or alternatively may be directed to areas that are secluded and located a considerable distance from areas that may be impacted by such uses.

• e) Where industrial development is proposed adjacent to lands designated or used for sensitive land uses such as residential development, the Municipality should determine, using the Ministry of Environment’s guideline on compatibility between industrial facilities and sensitive land uses, the separation distances or mitigative measures that should be employed to reduce the potential of land use conflict.  Separation distances may vary depending upon the nature of the proposed industrial use and the sensitive land use.
• f) Where an existing industrial land use is located in close proximity to sensitive land uses, the Municipality should encourage the establishment of mitigative measures to reduce the impact of the industrial use on adjoining land uses (i.e. fencing, landscaping, berming, limited building fenestrations oriented towards the sensitive land uses).  The Municipality should attempt also to protect such industrial uses from further development of incompatible land uses in close proximity to the industrial use that would increase the degree of incompatibility, and employ appropriate mitigative measures (i.e. setbacks, berming, screening and landscaping, fencing).
• g) All industrial uses should meet the guidelines and requirements of the Ministry of Environment with respect to solid and liquid waste disposal and all emissions to the environment.
• h) Adequate off-street parking should be provided to accommodate employee parking requirements.  Adequate off-street loading facilities should also be provided.  Outdoor storage areas should be appropriately buffered from adjacent roads and properties that may be impacted by such areas through use of landscaped strips, plantings of trees, and berming.
• i) Within areas designated Employment Area that have not yet been developed, natural drainage courses, wetlands and natural areas exist.  When development of these areas is proposed, this Plan encourages the retention of such areas in their natural state.  However, where site modification is necessary, steps to mitigate environmental impacts of developing such areas should be incorporated in development plans; new planting areas, engineered wetlands, and naturalized drainage courses are among the options that should be considered.

3.2.3 - Special Policies

• a) Within an area located along the Bell Boulevard corridor, generally described as Part of Lots 32 and 33, Concession 2, Township of Sidney, now in the City of Belleville, a slot machine gaming facility located and developed only in conjunction with a racing facility for horses, a hotel and convention centre, racing facilities for horses and fairgrounds shall be permitted in addition to the other permitted uses of this Subsection 3.2.

O.P. #22

• b) Notwithstanding the policies of Subsection 3.2.3 a), for those three (3) parcels of land fronting on Bell Boulevard and Enterprise Drive, that comprise total lot areas of approximately 20 hectares and which are located within Part of Lots 31 and 32, Concession 2, Township of Sidney, now in the City of Belleville, a casino shall be a permitted use in addition to the permitted uses of Subsection 3.2.3 a).

3.3 - Community Facility

Areas intended for Community Facility purposes are identified on Schedule A Land Use.  Development of these areas shall take place in accordance with the following Community Facility policies.  Loyalist College will play an important role in the long-term development of the City and the Quinte region.  In this regard, future expansion opportunities for the College should be encouraged and enhanced as development of the Secondary Plan area proceeds.

3.3.1 - Permitted Uses

Uses permitted in the various areas designated Community Facility should be defined according to:

• the function for which the area is designated;
• the nature of access to the subject lands;
• the servicing limitations of the subject lands; and
• the nature of adjoining lands uses and the potential for land use conflict.

3.3.2 - Policies

• a) Development of the majority of institutional or public facility uses is dependent upon vehicular access to function properly.  Points of ingress and egress should be established to ensure safe movement of:
  • vehicular traffic on the public street;
  • vehicular traffic on the subject and adjoining lands; and
  • pedestrian and cyclist traffic along the street.
• b) Further, such uses should have sufficient parking on-site but a reduced parking standard may be applied where there is sufficient parking off-site to address the needs of such establishments during peak usage periods.
• c) This Plan encourages the joint or multiple use of community facilities to provide the most efficient and effective use of physical resources in the community.  This Plan also encourages grouping of community facilities to maximize use of related services and to provide convenience to the public.
• d) The visual appearance of all parking lots and service areas should be enhanced through appropriate landscaping.  Appropriate lighting of such areas is required to ensure public safety; lighting should be oriented however away from nearby residential properties and from interfering with visibility on public streets.
• e) Parking lots, service areas and outdoor activity areas should be located so as to minimize the effects of noise and fumes on nearby residential properties.  Measures to mitigate the impact of such facilities on adjoining residential areas by fencing or plantings, berming and buffer strips, or increased setbacks should be employed as required.
• f) Community facilities should provide for safe pedestrian access and circulation on-site, and provide, as necessary, facilities such as bus drop-off areas and outdoor pedestrian crush spaces which do not conflict with vehicle movements.
• g) Not all lands that are required to accommodate community facilities are so designated in this Plan.  Community facilities that are essential to accommodate development of the community, such as, pumping stations, and utility sub-stations would be permitted in all land use designations under this Plan except in areas designated Environmental Protection.

3.4 - Open Space

Lands designated Open Space on Schedule A apply to areas where the predominant use of land is for public outdoor parks, recreation and public utility uses.  Some privately owned lands that have open space characteristics are also designated Open Space.  More specifically, lands designated Open Space adjacent to the CN and CP rail lines will function as safety and noise buffers between the rail line and adjacent residential uses.  The Open Space land use designation does not define all parkland areas that will be established within the community.  Some areas that would qualify as open space are located and are allowed to establish in other land use designations under this Secondary Plan. 

3.4.1 - Policies

• a) The definitions of the various types of Open Space provided for within this Plan are as follows:         
  • i) Local or neighbourhood parks are open spaces located usually within residential areas that tend to serve the residents of that area.  Uses are usually limited to small parks and playgrounds and include passive and active recreational activities such as outdoor sports fields (soccer or baseball) and children’s playgrounds consisting of fixed play structures, with landscaped or natural open spaces and accessory uses incidental to local recreational uses.  The location of each neighbourhood park will be established during the subdivision approval stage and should generally be 1 ‑ 3 hectares (2.5-7 acres) in size.  Active open space areas consist of facilities where users participate in physical activities (baseball fields, soccer pitches).  Passive open space consists of space intended for quiet or more leisurely enjoyment (hiking trails and natural areas).
  • ii) Lands used for stormwater management facilities identified on Schedule D are designated Open Space.  These public facilities will be maintained by the City and may include passive recreational uses as part of the overall development of the facility.
  • iii) Lands designated Open Space adjacent to the CN and CP Rail lines will provide noise and safety buffers for adjacent residential uses.  The City shall consult the appropriate Rail company to determine specific noise and safety measures.
  • iv) The Open Space designation has been applied to a 15 metre wide strip of land adjacent to the west property boundary of the existing single detached dwellings located on Holmes Road.  These lands will be landscaped and will provide a separation buffer between the dwellings and a new north-south collector road identified on Schedules A and E.
• b) Trail development, as identified on Schedule E and referenced in Section 5.5, is an important component to the development of the Open Space system and the promotion of the community’s quality of life.  Trails that connect shoreline areas, valleys, existing parks or other important physical or man-made features should be developed wherever possible but must be planned and designed in such manner that respects the interests of abutting property owners.
• c) Generally, only buildings and structures necessary to establish and support the principal use should be established on lands designated Open Space as a means to retain as much of the open character of these lands as possible.
• d) The visual appearance of all parking lots and service areas in parks should be enhanced through appropriate landscaping.  Appropriate lighting of such areas is required to ensure public safety and to accommodate certain uses.  Lighting should be oriented away from nearby residential properties as much as possible and from interfering with visibility on nearby public streets.
• e) Parking lots, service areas, and areas of intense outdoor activity should be located to minimize the effects of noise on adjacent residential properties. Measures to mitigate impacts of such facilities on adjoining residential areas (i.e. plantings, fencing, berming and buffer strips, increased setbacks) should be employed as required.
• f) All Open Space areas should have safe pedestrian access and circulation on-site.
• g) The area designated Open Space located north of Moira Street represents a former landfill site and surrounding lands.  No new development on these lands shall be permitted until such time as an Environmental Site Assessment has been completed to determine the impact of the former landfill on any proposed land use.

3.5 - Environmental Protection

The Environmental Protection designation identified on Schedule A is intended to define those lands that require special care and regulation due to their inherent natural or physical characteristics.  This designation applies to:

• natural hazards, being lands or areas that are potentially hazardous to human use or development; examples include floodplains, steep slopes, unstable slopes or soils and/or unstable bedrock, lands having organic soils, poor drainage or a high water table; and
• natural heritage features and areas, being lands that are important for their environmental and social values and which provide important ecological functions; examples include significant wetlands, significant habitat of endangered and threatened species, significant woodlands and valley-lands, significant wildlife habitat, fish habitat, and significant areas of natural and scientific interest.

3.5.1 - Floodplains

• a) Floodplain management policies are intended to prevent the loss of life and to minimize property damage.  Further, such policies encourage a coordinated approach to the use of land and the management of water to protect wildlife and fish habitat.  Such lands are designated Environmental Protection on Schedule A.  For purposes of this Plan, a Floodplain is defined as:
  • the area, usually low lying lands adjoining a watercourse including a municipal drain which has been or may be covered by flood waters (generally pursuant to the 100 year storm event); or
  • lands adjacent to the Bay of Quinte and Potter Creek where an engineered flood line has been defined.
• b) Minor changes to the boundary of Floodplains illustrated on Schedule A may be made without amendment to this Plan provided the variation can be justified through appropriate engineering or other analysis acceptable to the Conservation Authority.
• c) Where no Floodplain mapping exists, new development may be prohibited within 15 metres of the high water mark of all watercourses.  This setback may be reduced if it can be adequately shown that the land is not within a flood hazard area and that all of the requirements of Section 3.5.1 e) have been addressed.
• d) No development, including the temporary or permanent placing or dumping of material of any kind (whether originating on or off site), shall be permitted within a Floodplain except for flood or erosion control works, shoreline stabilization works, water intake facilities and passive recreational facilities (i.e. trails, boat docking/launching facilities).  Uses such as conservation, wildlife management and similar activities may be permitted provided no associated buildings and structures are located in the Floodplain.  Retention and restoration of natural vegetation is encouraged in Floodplains.
• e) Where new lots are proposed adjacent to water courses or drainage systems, and where part of the lot will be located in a Floodplain, sufficient land above the flood line upon which to place buildings, yards and services in accordance with the policies of this Plan must be provided.
• f) Where a boundary reflects the limit of a hazardous or natural feature, the edge of the hazardous or natural feature should be interpreted as the boundary to identify the limits of Floodplains that are not identified through an engineering study, and establish which lands should be interpreted as being designated Environmental Protection land use.
  • Existing uses located within defined Floodplain areas under this Plan may be recognized as permitted uses.  The following policies should be applied to existing uses within Floodplains:
    • i) If an existing building or structure within a Floodplain is destroyed (unless the destruction is due to flooding) or requires restoration or reconstruction to make it safe, such restoration or reconstruction may be permitted subject to the approval of the Conservation Authority and in accordance with the policies of Section 6.9 of this Plan.
    • ii) Additions to buildings or structures existing within Floodplains or the installation of minor accessory buildings may be permitted provided that:
      • the flooding hazard can be safely addressed and the work carried out in accordance with sound engineering and design practices;
      • new hazards are not created and existing hazards are not aggravated;
      • no adverse environmental impacts would result; and
      • uses do not include institutional uses or emergency services, or the disposal, manufacture, treatment or storage of hazardous substances.

Prior to the approval of any such development, the City may require engineering or other studies be prepared to assess the merits of the proposal in accordance with the requirements of the Conservation Authority.  Conditions to approval may include the entering into of agreements to ensure that all appropriate actions are undertaken.

3.5.2 - Steep Slopes and Other Hazardous Lands

• a) Lands with slopes that are too steep to safely accommodate development or which are near their natural angle of repose are designated Environmental Protection to avoid development or use of such lands that might result in risk to humans or property, and to prevent steep slopes from becoming unstable.  Generally, no development should be permitted on or immediately adjacent to such areas other than which can be safely managed on the lands.  In most instances, uses should be restricted to natural conditions.
• b) Other lands that can not safely be developed for human use or occupancy due to their unstable nature (i.e. areas of organic soils) or man-made environmental constraints (i.e. contamination) are designated  Environmental Protection to prevent any development or use that might result in risk to humans or property.
• c) If an existing building or structure immediately adjacent to or on a steep slope or any other hazard is destroyed or requires restoration, such work may be permitted in accordance with the policies of Section 6.9 of this Plan.
• d) Development of such areas for an appropriate use, site alteration, or additions to existing buildings or structures may be permitted provided that:
  • the hazards can be safely addressed and the work carried out in accordance with sound engineering and design practices;
  • new hazards are not created and existing hazards are not aggravated;
  • no adverse environmental impacts would result;
  • safe access to such lands is available at all times; and
  • uses do not include institutional uses or emergency services, or the disposal, manufacture, treatment or storage of hazardous substances.

To that end, the City may require geo-technical and other studies that address the hazardous conditions to be prepared and agreements entered into prior to permitting any such work to proceed.  Conditions to approval for development of such areas should ensure that all appropriate actions are undertaken to accommodate the proposed work or development safely.

3.5.3 - Woodlands, Valley-lands, and Fish and Wildlife Habitat

Lands included in this classification are included within the Environmental Protection designation on Schedule A and include:

• woodlands that have a strong influence on the quality of the environment often providing significant wildlife habitat;
• valley-lands associated with Potter Creek that exhibit unusual bio-diversity and are important fish and wildlife habitat;
• fish habitat that include spawning grounds and nursery rearing, food supply and migration areas upon which fish depend directly in order to carry out their life processes; and
• wildlife habitat that are important habitat for birds and animals, providing space needed to support their populations.

3.5.4 - Environmental Impact Studies (EIS) and Natural Heritage Study

• a) The purpose of an EIS is to assess potential negative impact that may be caused by a proposed development.  In terms of developments in or adjacent to natural hazards (flooding, erosion, unstable slopes, etc.), the Study will assess the potential for loss of life or property.  In terms of developments in or adjacent to Natural Heritage features such as fish and wildlife habitat, wetlands and woodlands the study will address potential negative impacts to the features or ecological functions for which the area has been identified.
• b) Since an EIS is a site-specific determination of potential impacts within or adjacent to certain areas, it does not necessarily guarantee that any development application which is subject to an EIS will be approved.
• c) The scope of an Environmental Impact Study report will be determined by the City in consultation with the Conservation Authority and should consist of:
  • a description of the proposed development;
  • information on existing conditions including an environmental inventory of the subject and adjoining lands;
  • a description of how the existing environmental conditions will be affected directly and indirectly;
  • a description of the actions necessary to prevent change, mitigate or remedy the effects which might occur as a result of the proposed development; and
  • a description of any future monitoring and evaluation which may be necessary to ensure no negative impacts.

3.5.5 - Pedestrian / Cycling Trail

Portions of The Environmental Protection area will also accommodate a pedestrian/cycling trail system as shown on Schedule E Transportation and Trail System that will connect with the Bayshore Trail and Lake Ontario Waterfront Trail in the southern portion of the Secondary Plan.  Development of the Trail shall be in accordance with the objectives of Section 5.5 and the environmental protection policies of this Plan.  The City will prepare a detailed Trail system plan, complete with development standards that accommodate the needs of the residents and the objectives of the environmental protection policies of this Plan.

Section 4 - Public Infrastructure and Utilities Policies

4.1 - Municipal Water System

Development of a municipal water system for the Loyalist Secondary Plan shall take place in accordance with the following;

A Water Distribution System Study was completed by the City in 2005 to determine the water system servicing requirements to accommodate full development of the Loyalist Secondary Plan.  The proposed water distribution system is shown on Schedule B.  The Study concluded that:

• i) The Belleville water distribution system has adequate storage capacity and as such servicing the Loyalist Secondary Plan area will not require additional water storage capacity:
• ii) The Belleville Water Treatment Plant has adequate capacity to service the Loyalist Secondary Plan Area and still provide a reserve capacity equivilant to 25,850 persons;
• iii) A chlorine concentration of above 0.2 mg/L can be achieved in the Secondary Plan area if the 2005 concentration level is maintained at the Belleville Water Treatment Plant;
• iv) The North Park Booster Station pumps does not have firm capacity to provide peak flow for the Loyalist Secondary Plan area and pump capacity upgrades will be required; and
• v) A new water booster station is required to accommodate pressure requirements for all development located over 105.0 m elevation in the area of Bell Boulevard.

As development proceeds, financial responsibility for the internal water distribution system will largely rest with developers.  However, there are trunk watermains, upgrades to the existing water booster station and a new water booster station that benefit all landowners and will be required in the long term (20-30 years) to accommodate full development of the Plan area.  As these facilities are required and will benefit all landowners in the Plan area the cost should be included in an area specific development charge levied against new development in the Secondary Plan Area.

A description and estimated capital cost for each of the trunk water mains, the new water booster station and required upgrade to the North Park Booster Station is included in Appendix 1 to the Plan.  The estimated capital cost should be used to calculate area specific development charges to offset the capital cost required for these facilities infrastructure. 

The foregoing policies do not preclude the use of alternative methods of servicing the Secondary Plan area provided such systems prove to be more efficient and will result in cost savings to the City.

4.2 - Municipal Sanitary Sewer System

Development of a municipal sanitary sewer system for the Loyalist Secondary Plan area shall take place in accordance with the following:

A West Belleville Sanitary Sewer Master Plan was completed in 2001 to determine the sanitary sewer needs to accommodate full development in the Loyalist Secondary Plan area.  The preferred sanitary sewer system is shown on Schedule C.  The Study concluded that:

• i) the majority of the sanitary trunk sewer within the City of Belleville was not designed to intercept any future development flows within the Loyalist Secondary Plan area.  The exceptions are the Fahey Street Sanitary and the Dundas Street sanitary sewer system where some spare capacity is available for servicing the early stages of the Plan area;
• ii) approximately 100 hectares (250 acres) of land designated Employment Area in the north portion of the Plan, extending from Highway 401 south to the Hydro corridor can be developed utilizing the existing Fahey Street Sanitary Trunk sewer.  The City should monitor flows from this area as development proceeds in order to ensure capacity is not exceeded;
• iii) development in the southern portion of the Plan area extending from the Bay of Quinte to Potter Creek will be permitted on a limited basis as a result of the limitations in the Palmer Road pumping station and the Dundas Street Force Mains between Palmer Road and Sidney Street.  Development in advance of the required upgrades to these facilities could proceed up to a maximum of 500 dwelling units (or equivalent) in the Secondary Plan area.  The City should continue to monitor the sanitary sewage flows from the Plan area to determine impacts on the Palmer Road Pumping Station and the Dundas Street Trunk Sanitary sewer;
• iv) once the existing capacity has been reached in the Fahey Street Trunk Sanitary sewer in the north portion of the Plan area and in the Palmer Road Pumping Station / Dundas Street Sanitary Trunk sewer in the southern portion of the Plan, a new Pumping Station on Avonlough Road and twin Force Mains connecting to the Bridge Street West sewer system will be required.  In addition a 750 mm sewer will be required from Palmer Road to Coleman to accommodate flows from the Plan area.

Notwithstanding the above, other options to service the remainder of the Secondary Plan with sanitary sewer services may be considered provided such options are financially and technically feasible.

A description and estimated capital cost of the preferred sanitary sewer system is included in Appendix 2 to the Plan.  The estimated capital cost should be used to calculate area specific development charges to offset the capital cost of the required sanitary sewer infrastructure.

The foregoing policies do not preclude the use of alternative methods of servicing the Secondary Plan area provided such systems prove to be more efficient and will result in cost savings to the City.

4.3 - Stormwater Management System

Development of a stormwater management system for the Loyalist Secondary Plan shall take place in accordance with Schedule D, Appendix 4 ‘Potter Creek Master Drainage Plan – Implementation Report' and the following:

• a) Schedule D will be used as a guide for the City and developers when preparing and reviewing development proposals in the Secondary Plan area.
• b) Quinte Conservation will be contacted during the review of any development plans in the area to assist in the review and to approve all stormwater management facilities serving the Secondary Plan area.
• c) Stormwater management facilities will be required to locate throughout the Secondary Plan area as the Plan develops.  The City will ensure that such facilities are located in appropriate locations in consultation with the local Conservation Authority during the development review process.
• d) Prior to approval of any development, the Municipality may require stormwater management plans be prepared for review by the Conservation Authority, the Municipality, and other agencies that may be affected.  Such plans should include a description of the stormwater management practices to be applied, and be in keeping with all relevant policies and guidelines of the Municipality, the Conservation Authority, and the Province.  The Municipality may approve development conditional upon the recommendations of such studies being instituted.
  • The policies that should be applied to the preparation of such studies are as follows:
    • Increases in peak runoff from development should be controlled so as to reduce the impact of development on lands downstream, generally ensuring that peak post-development flows do not exceed pre-development rates.  The Municipality may establish standards to which developments must adhere to achieve such objectives.
    • Stormwater quality should be considered in all stormwater management studies and plans, and means to address issues of quality instituted where feasible.
    • Stormwater management strategies may be employed on either a site-by-site basis or on an areas basis, as circumstances warrant.  Where addressed off-site on an area basis, approval of site-specific developments may provide for payment of monies to assist with the provision of area-wide solutions.
    • On-site detention should be encouraged for large scale developments.
    • Prior to the approval of any development, the Municipality in consultation with the Conservation Authority should be satisfied that adequate stormwater drainage outlets are available or can be provided.
• e) Techniques supported by this Plan for stormwater management include but are not limited to:
  • detention ponds (normally dry flow-through ponds) which serve to detain water during significant storm events, used primarily to control peak runoff;
  • retention ponds (normally designed to retain water to support vegetation) which are used primarily to achieve water quality objectives;
  • artificial or man-made (engineered) wetlands which can be employed to achieve water quality objectives; and
  • on-site detention using site features such as appropriately designed parking areas or rooftops for detention, and landscaped areas where natural attenuation is possible, used primarily to control peak runoff.
• f) Schedule D Stormwater Management System will be used when preparing/reviewing major development proposals.  As a further guide, reference should be made to Appendix 4 - Potter Creek Master Drainage Plan Implementation Report prepared June 2008 by Quinte Conservation.

4.4 - Multi-Use Trail System

• a) The pedestrian/cycling trail as shown on Schedule E shall be developed in accordance with the objectives of the Lake Ontario Waterfront Trail and the environmental protection policies of this Plan.  In this regard, the City will complete a detailed trail plan identifying the precise location and development standards for the pedestrian/cycling trail.
• b) All subdivision applications and development plans shall incorporate pedestrian linkages from residential areas to the trail system where appropriate.

4.5 - Private Utilities

• a) Development throughout the Secondary Plan area relies upon the provision of a number of utilities including telephone, cable television, electric, and natural gas.  Further, a number of major utility corridors or pipelines extend through the community.  Many of these utilities are located on roads or other public rights-of-way, with service sites located throughout the Plan area.
• b) The improvement of utilities is an ongoing process requiring replacement of existing facilities and creation of new sites for utility related functions such as transformer stations, pumping stations, and valve stations.  This Plan encourages the co-operation of utility companies in order to avoid duplication and unnecessary disruption to the public through the coordination of the siting of utilities within rights-of-way and easements and the scheduling of works such as maintenance. 
• c) This Plan encourages the placement of utilities and all plants related thereto underground where possible.
• d) Utility companies should be consulted during the design and approval process for new development or redevelopment to ensure adequate provision is made for essential utilities.

4.6 - Telecommunication Facilities

• a) Telecommunication facilities play an important role in the maintenance and improvement of quality of life for business, education, public health, individuals, commercial radio and television broadcasting and emergency communications.
• b) Existing telecommunication facilities sites should, where possible, be protected from incompatible uses.  New telecommunication facilities should be encouraged where possible to locate adjacent to existing facilities.
• c) Prior to the installation of new telecommunication facilities, City Council and the utility company should consider:
  • the visual impact on adjacent land uses;
  • whether the location or the site is effective in achieving required service objectives; and
  • the nature of access from a publicly maintained road allowance for construction and ongoing maintenance. 
• d) This Plan encourages the placement of telecommunication infrastructure and plants related thereto underground where possible.

4.7 - Educational Facilities

• a) Educational facilities are considered an important component of any community.  As such, the location of schools should be considered in the context of their importance to meeting the servicing needs of the community.
• b) Elementary and secondary schools are under direct control of local public and separate school boards.  This Plan should serve as a general guide for City Council and school boards for future development of the public and separate school systems.
  • In considering the location for future schools, the school boards should consider:
    • the appropriate school size in relation to the size of the neighbourhood or catchment area which the school is intended to serve;
    • the appropriate site size, topography and shape and its relationship to current or future abutting land uses;
    • the geographical area the school is intended to serve, and suitability of locations to provide convenient and safe service to the greatest number of children;
    • the nature and appropriateness of other facilities to be established in conjunction with the school;
    • the timing of the construction of the school relative to development intended to occur in the school’s vicinity;
    • the nature of existing and future transportation systems and their suitability to meet the needs of the community for access to the school.
• c) Private schools providing elementary and secondary education are supported by this Plan.  The guidelines pertaining to the identification of suitable locations for such schools would be as set out above for public and separate schools.
• d) Loyalist College is a critical part of the educational system within the community. This Plan encourages the growth and expansion of the College to:
  • extend its reach as a regional facility providing unique educational services;
  • expand the range of educational programs to meet the needs of the community;
  • establish services and programs as needed to meet the needs of local industry and commerce; and
  • develop innovative ways of expanding the range of services (i.e. student housing) and business ventures (i.e. technology park) to strengthen the College and increase its importance as an important post-secondary educational facility in the Province of Ontario.

4.8 - Other Services and Facilities

Section 5 - Transportation System

5.1 - Roads

The road system in the Secondary Plan area is under the jurisdiction of two levels of government; the Ministry of Transportation who is responsible for Highway 401, and the Corporation of the City of Belleville who is responsible for all other public roads.

5.1.1 - Provincial Highway

5.1.2 - Municipal Roads

• a) All public roads other than Provincial highways are under jurisdiction of the Municipality.  Generally, all public roads are maintained year round, although roads which are not essential and which do not provide access to developed lands may not be maintained in an open condition during winter months.
• b) Direct access to municipal roads will only be permitted in locations that can accommodate traffic in a safe manner.  Where sight deficiencies exist because of curves or grades, no new access should be permitted unless the deficiency is corrected in a manner acceptable to the Municipality.  New entrances should not be established unless the Municipality issues an entrance permit. 

5.1.3 - Functional Road Classification

The road network in the City should be developed and maintained in accordance with the defined functional classification while having regard for the policies of the Ministry of Transportation and the Municipality.  The functional classification of the existing and proposed road network is identified on the Road System Plan on Schedule C and as defined in accordance with the hierarchy as set out below.

a) Expressway (Highway 401)

Expressways are intended to provide links between various communities and the City of Belleville, or to provide links between communities through the City.  Generally expressways carry very high volumes of traffic at high speeds.

Highway 401 is a divided four to six lane highway.  Access to Highway 401 is strictly controlled, restricted to public grade-separated interchanges with extensive acceleration and deceleration lanes.  This highway is intended to handle traffic at a constant high rate of speed with minimal interference.

b) Arterial Roads

These roads typically carry high volumes of traffic, constituting the main transportation links between different areas or neighbourhoods of the City, or between neighbourhoods and highways and expressways leading out of the City.  The majority of traffic on such roads is non-local.  Typically, arterial roads carry in excess of 1,200 vehicles per peak hour.

Arterial roads are usually developed with four travel lanes but may be developed with two travel lanes on a right-of-way between 23 and 30 metres.  Both the number of lanes and the right-of-way widths are dependent on a variety of factors, including travel demand on the road and the need to expand the right-of-way for sidewalks and utility services. These standards are also determined by existing constraints and/or opportunities such as the location of existing uses in built-up areas.  Increased width of the right-of-way may also be required to accommodate wider right lanes on multi-lane roads to enable safe and proper side-by-side sharing of the road with bicycles and noise abatement features.

When identified as feasible and appropriate, separate bicycle lanes may be constructed as part of the arterial road right-of-way.

c)  Collector Roads

• i) Major collectors are intended to carry moderate to high volumes of traffic, linking neighbourhoods to arterial roads.  These roads commonly carry significant levels of non-local traffic.  Typically, major collectors carry up to 1,200 vehicles per peak hour.

These roads may be two or four travel lanes wide, undivided, within rights-of-way between 20 and 26 metres.  The rights-of-way may be widened depending on local circumstances to accommodate needs such as wider right lanes to enable safe and proper side-by-side sharing of the road with bicycles, sidewalks, noise abatement features or landscaped boulevards.  When reasonable, bicycle lanes may be constructed as part of the major collector road right-of-way.

• ii) Minor collectors typically carry moderate volumes of traffic linking neighbourhoods to major collector and arterial roads.  These roads commonly carry only small amounts of non-local traffic.  Typically these roads carry between 300 to 500 vehicles per peak hour.

These roads are usually two travel lanes wide, undivided, in rights-of-way between 20 and 23 metres.  The rights-of-way may be increased in width to accommodate needs such as sidewalks, wider right lanes to enable safe and proper side-by-side sharing of the road with bicycles, sidewalks, utility services and landscaped boulevards.

d) Local Roads

Local roads typically carry low volumes of traffic from individual properties within neighbourhoods to minor collectors, major collectors and arterials.  Non-local traffic on these streets is intended to be at very low levels.  Typically these roads generally carry less than 1,000 vehicles per day (approximately 100 vehicles in the peak hour).

Local roads are usually two travel lanes in rights-of-way of up to 20 metres wide.

5.1.4 - Design Criteria

• a) The Municipality should have regard for the following matters when reviewing new development proposals:
  • i) Where new roads are required to serve a developing area, a logical hierarchy of roads should be identified and designed with the capacity to accommodate anticipated traffic generated by the development.
  • ii) The design of the road should provide for the safe movement of vehicles and pedestrians.
  • iii) The carrying capacity of the adjacent roads should be sufficient to accommodate the anticipated traffic generated by the proposed development, as well as anticipated growth in levels of background traffic.
  • iv) The carrying capacity of existing and proposed arterial and collector roads should be protected by:
    • the use of shared access, where appropriate, for new development;
    • limiting the number of entrances/exits for non-residential developments located adjacent to these roads; and
    • limiting the number of intersections of local streets with arterial and major collector roads.
• b) The regulation of entrances onto roadways is required to ensure that public safety is achieved and the function of the roadway is not compromised.  In considering the nature of access to be permitted to roads from abutting lands, City Council should consider the following criteria:
  • i) No direct access to an expressway from any abutting lot would be permitted; direct access to highways is permitted with the approval of the Ministry of Transportation. For roadways under local jurisdiction, the Municipality would issue entrance permits.
  • ii) Direct access to major arterial roads should be permitted only from lots with large frontages; lots having narrow frontages should be developed using reverse frontages (i.e. onto an internal local road) or through consolidation of entrances.  While not preferred, direct access from lots having narrow frontages to less significant arterial roads may be permitted provided the impact of entrances on the ability of the road to function as required would be minimal.
  • iii) Direct access to major collector and collector roads should be permitted from lots with large frontages and from lots with narrow frontages provided the impact of entrances on the ability of the road to function as required would be minimal.
  • iv) Direct access from abutting lots to local roads should be permitted.
    • The design of entrances onto any road is critical to the function of the road and the safety and convenience of the public.  When approving entrances onto any road, the Municipality should consider:
      • whether the entrances would have an adverse impact on the ability of the road to perform its primary function;
      • whether the entrances promote safe movement of traffic on the public street and on the adjoining lot through provision of adequate sight lines, and relationship with entrances on adjoining lots and lots on the opposite side of the road;
      • traffic characteristics of the use on the lot, and the adequacy of throat storage and turning lanes to manage anticipated traffic flows;
      • the safe movement of cyclists and pedestrians along the road; and
      • the provisions for lighting, drainage, and signage.
• c) The Municipality should consider the following guidelines when designing arterial or collector roads or considering development applications that include arterial or collector roads as part of the development:
  • i) In areas of new development where heavy traffic volume is projected, residential lots shall be encouraged to back onto arterial or major collector roads, or be accessed by a local road parallel to and intersecting such roads.
  • ii) Traffic controls should give priority to travel on arterial and collector roads over travel on local roads; synchronized and vehicle actuated traffic signals should be employed as appropriate.
  • iii) Street lighting should be provided and a sidewalk shall be located along arterial and collector roads where pedestrian traffic is anticipated.
• d) The Municipality should ensure that all roads under its jurisdiction are maintained in a safe condition.  Priority for road repair should be given to those roads where such repair reduces the need for major reconstruction of the roads, as determined through the capital budgeting process.

5.1.5 - Road System Plan

The Road System Plan attached to this Plan as Schedule E sets out the existing and proposed road system for arterial and collector roads in the Secondary Plan area.  Such roads should be improved or established in accordance with the policies of this Plan in keeping with the principles of the Road System Plan.  The precise location of proposed arterial and collector roads can only be determined following detailed study, and minor departures from the locations shown on Schedule E but which maintain the intent of this Plan will be permitted.

5.2 - Road Widening

• a) The Municipality may require land to be conveyed to the appropriate road authority at no cost for the purpose of widening the existing road right-of-way as a condition of severance, subdivision or site plan approval.

Generally, widening should be sought equally from both sides of the right-of-way, but conditions may exist which makes this unachievable; exemptions or modifications to the requirements may be necessary to reflect site constraints, existing physical development or encroachments, placement of buildings, heritage structures, scale of proposed development and pedestrian safety.

• b) Further to the foregoing, as a condition of the approval of a proposed development within a site plan control area, the owner of the property may be required to convey to the Municipality without compensation land for the purpose of widening any public road abutting on the land, including land required for day-lighting triangles at the intersection of roads abutting the land, and for turning lanes and bus layovers. .The following policies represents the maximum extent of road widening that may be required as a condition of site plan approval:
  • i) The maximum dedication for road-widening purposes for arterial roads designated under this Plan is 5 metres from each side, to a maximum road allowance width of 30 metres.
  • ii) The maximum dedication for road-widening purposes for collector roads designated under this Plan is 4 metres from each side, to a maximum road allowance width of 26 metres.
  • iii) The maximum dedication for road-widening purposes for local roads designated under this Plan is 3 metres from each side, to a maximum road allowance width of 20 metres.
  • iv) Where it is determined through traffic studies conducted for large scale developments that turning lane(s) on any abutting arterial, collector or local road are required to facilitate safe movement of traffic in and out of the lot proposed for development; and ensure the public road continues to function as intended notwithstanding heavy traffic volumes generated by the development the maximum dedication for road-widening purposes above any other road dedication required by this Section is 3.5 metres, provided that such widening should only be required for the length of the necessary turning lane(s).
  • v) Where it is determined that a bus layover is required along any arterial, collector or local road, the maximum dedication for road-widening purposes over and above any other road dedication required by this Section is 3.5 metres to a maximum length of 25 metres.
  • vi) Where a sight triangle abutting an arterial, collector or local road is required, the maximum dedication abutting the arterial or collector road is 9 metres, and abutting the local road is 5 metres.  Where a turning lane is to be provided between two arterial roads or between an arterial road and a collector road, the maximum dedication abutting both roads may be increased to 18 metres.

5.3 - Parking and Loading Facilities

The provision of vehicle parking and loading facilities is essential to the proper functioning of the municipality and the operation of its road transportation network.

5.3.1 - Parking Facilities

• a) As parking is an integral component of the road transportation system, this Plan encourages the location and design of parking facilities that support the efficient and safe functioning of the transportation system.
• b) On-street parking may be permitted on any road upon where such parking would not cause any hazard and not adversely impact the functionality of the road.  Where the issue of functionality applies to only peak traffic periods, on-street parking may be permitted in non-peak periods.  Where on-street parking is permitted, care should be exercised to ensure:
  • good sight lines are maintained;
  • access to abutting lands is not adversely impacted; and
  • traffic flow along the street is not unreasonably impacted. 

To ensure these conditions are met, the Municipality may restrict parking to only one side of any road, establish no-parking zones, or limit the time during which parking is permitted.  To assist with winter maintenance of roads, over-night on-street parking may be restricted.

Generally, on-street parking would be prohibited on most arterial roads, and would only be permitted on major collector and collector roads if interference with traffic flows would not be unreasonable.  Typically, on‑street parking on local streets would be permitted.

• c) The Municipality should have regard to the following factors when considering the approval of individual parking lots and the parking component of a larger development:
  • i) Access and exit to parking areas should be located so that:
    • visibility of other vehicles is not hindered by inadequate sight triangles or buildings set too close to public streets or the internal road system;
    • visibility is maintained between vehicles entering/exiting the site and pedestrians along the property frontage in order to minimize conflict;
    • there is minimal disruption to the function of the adjacent road by providing turning lanes where required; and
    • where practical, adjoining land uses on arterial, major collector and collector roads share access points in order to minimize traffic hazards.
  • ii) Parking for persons with disabilities should be provided and located in respect to convenience of the user, proximity to building access points or public sidewalks.
  • iii) Illumination of public parking areas should be provided to increase the safe and secure use of parking facilities, but should be oriented so as to prevent glare onto adjoining lands or public roads.
  • iv) Parking areas should be designed to control stormwater runoff in a manner that does not adversely impact abutting lands and which does not promote pooling of water on-site.
  • v) Pedestrian circulation routes through parking areas should respect natural pedestrian travel routes, minimize hazards and inconvenience and maximize pedestrian security.

5.3.2 - Loading Facilities

• a) The Municipality should require the provision of on-site loading facilities for development that may regularly receive or dispatch goods.  This would not be typically required in the City Centre or in concentrations of uses where the establishment and use of common loading areas is possible.
• b) Loading facilities should be located to minimize the effects of noise and fumes on adjacent uses and not interfere unreasonably with customer/employee parking areas or pedestrian circulation.

5.4 - Railways

• a) Both the Canadian Pacific Railway (CPR) and the Canadian National Railway (CNR) companies maintain mainline rail services through the Loyalist Secondary Plan area.

Maintaining an excellent railway service is important to the continued health and expansion of the City’s industrial sector.  This Plan supports the continuation of both rail services in the City and encourages development in the vicinity of the rail corridors that is either compatible with rail operations or that is undertaken using such mitigative measures as are appropriate to reduce the impact of rail operations on such uses.

• b) This Plan encourages the establishment of facilities that serve to eliminate points of conflict between railway operations and activities in the City. Facilities that can be developed to achieve this objective include:
  • grade separated interchanges between the City’s road network and rail lines;
  • development of pedestrian overpasses or tunnels;
  • barrier fencing along the corridors to discourage trespass;
  • noise attenuation barriers and fencing; and
  • effective infrastructure to manage stormwater runoff in a controlled manner.
• c) The Municipality should seek the co-operation of railway companies as necessary to reduce the need to employ whistling through the urbanized portions of the community.  To assist, the Municipality should ensure that plans for new development take into account issues of safety with respect to railway operations, and take measures as may be possible to reduce the number of at-grade interchanges and discourage pedestrian trespass onto railway lands.
• d) As railway lands and corridors are prominent and within easy view from public areas, this Plan encourages railway companies to maintain their lands in an attractive condition through use of landscaping and ground maintenance.

5.5 - Trails and Pedestrian/Cycling Systems

• a) It is the intent of this Plan that the concept of recreational trails connecting various parts of the City be considered as an integral part of the City’s transportation system.  Recreation trail systems are a unique community resource providing opportunities for public waterfront access, outdoor leisure and recreational activities, interpretation of the natural environment and historic context of the community, and diversity of tourism activities, but also provide an important transportation resource to residents of the community.

To facilitate the development of trails, the Secondary  Plan encourages the City and the Conservation Authority to acquire rights to or ownership of existing corridors (rail, hydro or other utility) whenever opportunities for acquisition arise.

• b) It is important that private property rights be respected during the planning, design and development processes for trails.  The impact of trails on adjoining sensitive land uses must be considered, and where necessary appropriate mitigative measures incorporated into the design.  In some instances, relocation of proposed trail alignments may be necessary to prevent unreasonable impacts upon adjoining sensitive land uses.
• c) This Plan encourages the Municipality to prepare a comprehensive trail network plan throughout the community to provide a framework for developing trails and for acquiring lands for such purposes.  This Plan should identify a trail network in the region and include provisions to expand and link the City’s Bayshore Trail and Moira River Trail to the Hastings Heritage Trail, the Waterfront Trail, and the Trans-Canada Trail system.  This Plan should also designate any water-based trails (canoe routes) that would be available for public recreational use.
• d) This Plan encourages the development of sidewalks along all roads where there is potential demand; this is most important along arterial and collector roads.
• e) Development of dedicated cycling corridors or lanes along arterial and collector roads is encouraged where feasible, either on the dedicated roadway or on the boulevard perhaps as an adjunct to pedestrian facilities.  Where located on the travelled portion of the public street, this Plan encourages the delineation of such lanes through line painting and signage.
• f) In the event the CP Rail line through the urbanized area of the City is abandoned or relocated, City Council should initiate procedures to either acquire the corridor for development of a trail, or enter into negotiations with appropriate authorities to ensure this corridor remains intact and in public control.
• g) Any proposed pedestrian trail to cross beneath or above a provincial highway requires prior approval from the Ministry of Transportation.

5.6 - Public Transit

• a) Public transit provides the primary transportation alternative to the private automobile.  This Plan encourages the retention and improvement of the public transit system to provide a viable alternative to use of the private automobile.
• b) To accommodate the operation of a public transit system, planning for community development should include consideration of requirements for public transit, which would include:
  • allocations for bus bays;
  • restrictions on street parking to accommodate bus stops to reduce impact on traffic flow;
  • streets planned and designed to accommodate transit vehicles;
  • placement of bus shelters at critical locations; and
  • promotion of higher densities along and in the vicinity of transit routes.

Section 6 - General Development Policies

6.1 - Community Improvement Policies

• a) The Municipality should encourage improvement to the quality of public services, community facilities and existing development and provide those additional community facilities as circumstances and finances permit.
  • Community improvement may include:
    • upgrading and provision of improved municipal hard services (i.e. sewers, water systems, roads, hydro, sidewalks, etc.);
    • upgrading of municipal soft services (i.e. parks, playgrounds, community centres) and improvement to the amenity of public lands;
    • acquisition of lands to protect natural heritage areas (i.e. significant areas of flora and fauna or wildlife habitat);
    • upgrading and provision of transit and traffic control systems;
    • rehabilitation of existing buildings and structures; and
    • replacement of inappropriate uses which have a serious negative impact upon the area with alternative uses and/or more appropriate buildings.
• b) Criteria used to define community improvement areas include:
  • deficiencies in or lack of adequate municipal hard and soft services;
  • poor building conditions due to age, design, construction, or neglect;
  • existence of conflicting land uses; and
  • lack of public services (i.e. parking areas, pedestrian services).

This Plan designates all lands within the Secondary Plan area as community improvement policy areas.  City Council may by by-law designate the whole or any part of such areas as a community improvement area.

• c) Where a community improvement area is designated by by-law, City Council may adopt a community improvement plan to provide for works necessary to achieve the objectives of this Plan for community improvement, which may include:
  • the funding of improvements to or the extension of municipal hard services (i.e. sewer systems, stormwater management works, water services, hydro services, roads, sidewalks);
  • the funding of improvements to or the expansion of municipal soft services and community facilities (i.e. parks/playgrounds, trails, community facilities);
  • the acquisition of significant areas of natural heritage;
  • the funding or acquisition of privately owned lands to eliminate incompatible land uses or promote reuse and redevelopment in keeping with the objectives of this Plan, including the expansion of the City’s open space system or resolution of environmental contamination issues; and
  • the financing in part through grants, loans or other financial incentives of improvements to privately owned buildings and properties.

6.2 - Subdivision of Land

The subdivision of land has significant implications on how the Secondary Plan develops, and the provision of services to meet the needs of current and future residents.  Further, there are two primary procedures for subdividing land, the plan of subdivision process and the consent process, each of which is best suited to different situations.  Policies set out in this Section are intended to provide direction on the nature of the subdivision of land and the circumstances for use of the two primary procedures for subdividing land.

6.2.1 - Policies Respecting Subdivision of Land Applicable to All Land Use Designations

• a) When any application to subdivide land is considered, the approval authority should employ the following policies and principles:
  • i) No subdivision of land should be approved which would contravene the policies of this Plan.
  • ii) The approval authority should be satisfied all development parcels would be appropriate (i.e. sufficient frontage and area, configuration, alignment) for their intended uses.
  • iii) No subdivision of land should be granted which would result in any landlocked parcel being created.
  • iv) Development parcels should have direct access to an open municipal road (excluding individual units within condominium developments).
  • v) New development parcels should not be created without access to services adequate to meet the needs of the use anticipated for the lot, including access to fire and police services, hydro, telephone and other utilities.
  • vi) No development parcel should be created such that buildings or structures would have to be located in very close proximity to or within areas of natural heritage or hazard; where any lot includes lands designated Environmental Protection, there should be sufficient area outside such areas to accommodate buildings and accessory uses with appropriate setbacks.
  • vii) No development parcel should be created which would create a hazard to any person using the lot, adjoining lands, or an abutting road.
  • viii) Where approvals or certificates are required from other agencies or government departments, no subdivision of land should be granted unless such approvals or certificates are first obtained or otherwise assured.
  • ix) The approval authority may impose any conditions to the subdivision of land that it believes are necessary and prudent to ensure the policies of this Plan are addressed adequately, which may include but not necessarily be restricted to:
    • laying out and naming of roads and the provision of road widenings;
    • installation or upgrading of municipal services (i.e. sewers, water lines, streets, curbs and sidewalks, street lights) and private utilities;
    • establishment of stormwater management facilities;
    • provision of open space, including trails and pedestrian links;
    • allocation of sufficient lands for community facilities (i.e. schools);
    • completing studies to address issues such as noise attenuation, traffic and traffic control, servicing capacity, soil conditions and archaeological resources; and
    • establishment of appropriate land use controls.
  • x) Conditions of the approval authority to the granting of any subdivision of land may be secured through execution of agreements and posting of securities.
  • xi) Lands proposed to be dedicated to the Municipality for open space purposes must be acceptable for use as open space; City Council retains the option to require cash-in-lieu of the provision of land for open space.
• b) The Municipality may establish guidelines and standards as set out in Section 8.13 to provide direction and clarity on the Municipality’s requirements for the subdivision of land.  Of critical importance in such guidelines would be:
  • standards for the design and installation of services;
  • the requirements for service over-sizing;
  • methods of calculating service capacities and stormwater management requirements;
  • landscaping and fencing requirements;
  • the manner by which costing of required services would be determined; and
  • the manner by which legal issues relating to the development would be addressed by the Municipality.

6.2.2 - Plans of Subdivision vs. Consents

• a) Except as set out below pertaining to industrial and commercial land uses, the plan of subdivision approval process should be used to accommodate the subdivision of land whenever:
  • the division of land results in the creation of a new municipal road;
  • the development would create generally more than five separate development parcels; or
  • there are significant concerns respecting environmental issues or servicing capacities.
• b) Subject to policies pertaining to specific land use designations set out in other paragraphs of this Section, the consent approval process should be employed to accommodate the subdivision of land whenever:
  • there is no new municipal road being created by the division of land;
  • the number of development parcels being created is generally five or less; and
  • there are no significant concerns respecting environmental issues or servicing capacities.

Consents that create more than five development parcels may be considered where there would be insufficient justification to employing the plan of subdivision process to address issues (i.e. creating separate lots within a row dwelling development which has been previously approved through other procedures).

The consent process should also be employed to deal with technical issues with regard to land titles and to accommodate adjustments in lot boundaries.

• c) For any subdivision of land intended to accommodate industrial or commercial land uses, the subdivision of land may be undertaken using the consent process provided that the approval authority is satisfied that:
  • a plan of subdivision application is not necessary in the public interest;
  • provision has been made to provide all necessary municipal services, including the provision of roads and stormwater management facilities; and
  • appropriate and necessary studies have been or will be undertaken to resolve issues related to servicing capacities and environmental issues.

The staging or phasing of such development should be considered to ensure services (i.e. roads, sewers, municipal water and stormwater management systems) are installed logically and sequentially while ensuring development is managed in a cost-effective manner.

6.3 - Group Homes

• a) Group Homes are defined as residential uses providing long term housing for three to ten persons (excluding staff or receiving family) who by reasons of their emotional, mental, social or physical condition or legal status require a supervised living arrangement for their well-being.  Often, support services such as counselling is provided in the Group Home.  Group Homes are generally licensed or approved for funding pursuant to provincial statutes or regulations. 

Group Homes may be permitted in all areas of the community with the exception of areas designated Environmental Protection, Employment or Open Space land use.

• b) Transition Homes are defined similarly to group homes except accommodation is provided for more than ten (10) persons.
• c) Transition Homes may be permitted in areas designated Employment land use, and Community Facility.  Transition Homes may be permitted in areas designated Residential land use on lots considered suitable for high density residential development
• d) Due to the desire to integrate such facilities into the community for the welfare of residents of these homes, concentrations of such facilities within specific neighbourhoods or districts should be avoided.  Further, modifications to buildings or homes used for such facilities should be limited to ensure the external character of such structures is not significantly altered.

This Secondary Plan encourages operators of Group Homes to advise residents in receiving neighbourhoods as early in the process as possible of plans to establish a Group Home to facilitate open and beneficial communication between all interested parties.

6.4 - Cultural Heritage and Archaeological Resources

The importance of cultural heritage resources and archaeological resources within the City is recognized.  This Secondary Plan encourages the identification, conservation, protection, restoration, maintenance and enhancement of significant cultural heritage resources and archaeological resources.  Cultural heritage and archaeological resources include:

• archaeological sites;
• cemeteries and burial sites;
• buildings and structural remains of significant historical or architectural value; and
• districts or landscapes of historic, architectural or scenic interest.

6.4.1 - Cultural Heritage Resources

• a) All new development should have regard for significant cultural heritage resources and wherever possible, incorporate such resources into development plans.  This Secondary Plan encourages all new development to be planned in a manner that enhances the context in which significant cultural heritage resources are situated.
• b) Pursuant to the provisions of the Heritage Act and in consultation with Heritage Belleville, the Municipality may designate by by-law properties or areas to be of historic and/or architectural value or interest.

As an alternative to designation, City Council may recognize properties by resolution or by maintaining a list of significant properties that are worthy of recognition, and place a plaque on such properties accordingly; prior to alteration of such properties, Heritage Belleville should endeavour to assist the owner in developing plans sympathetic to the architectural or historical conditions.

• c) The Municipality may participate in the protection, preservation, or development of significant cultural heritage resources through acquisition, assembly, establishment of covenants, heritage easements or joint ventures.
• d) City Council shall have regard for cultural heritage resources in the undertaking of municipal public works.  When necessary, City Council will require satisfactory measures to mitigate any negative impacts on significant heritage resources.
• e) This Secondary Plan encourages City Council to demonstrate proper stewardship of cultural heritage resources by conserving, restoring, enhancing and maintaining such resources under its direct control.

6.4.2 - Archaeological Resources

• a) Archaeological remains of prehistoric and historic habitation may exist within the boundaries of the Secondary Plan.
• b) Prior to the approval of development in areas known to be an archaeological site or considered to have significant potential as an archaeological site, the Municipality should require archaeological assessments by qualified licensed archaeologists.  Such reports should be completed in compliance with guidelines and licensing provisions set out by the Ministry of Citizenship and Culture.
• c) The City may develop archaeological zoning by-laws pursuant to the Planning Act for the protection of significant archaeological sites and features.
• d) The City may undertake the preparation of an archaeological resources master plan.  This plan would identify and map known archaeological sites registered with the Provincial archaeological sites database, as well as areas within the City having archaeological potential.  The master plan can include further policies, guidelines and strategies to protect significant archaeological sites within the City.
• e) City Council should ensure adequate archaeological assessment and consult appropriate government agencies, including the Ministry of Citizenship and Culture and the Ministry of Consumer and Commercial Relations when an identified historic human cemetery, marked or unmarked human burial is affected by land use development.  The provisions under the Heritage Act and the Cemeteries Act shall apply.

6.4.3 - Protection of Resources

• a) The Municipality should utilize available government or non-government funding programs to assist with implementation of cultural heritage conservation policies.
• b) The Municipality should co-operate with other levels of government and private agencies and individuals in the conservation of significant cultural heritage resources.  The Municipality should co-ordinate its heritage plans and programs with heritage plans and programs of senior levels of government.
• c) The Municipality shall maintain a cultural heritage resource database and/or heritage master plan for land use planning, resulting in comprehensive inventories of significant heritage buildings, heritage districts, cultural heritage landscapes, archaeological sites, and archaeological potential areas located within the City.

6.5 - Home Occupations

• a) Home occupations are defined as commercial or occupational activity within a dwelling operated by the principal residents of the dwelling.
  • Home occupations may be permitted as accessory to residential uses provided:
    • the external character of the dwelling is not significantly altered;
    • the impact upon adjoining residential dwellings is not unreasonable;
    • traffic generated by the home occupation does not disrupt the quiet enjoyment or the safety of the neighbourhood; and
    • the main use of the property for residential purposes remains and hazards to the occupants of the dwelling are not created.
  • Limitations should be established on such uses to ensure that the foregoing matters are appropriately addressed by controlling:
    • the percentage of floor area of a dwelling or accessory buildings that could be exclusively devoted to the home occupation;
    • the range of uses that qualify as home occupations to prevent uses that generate significant levels of traffic or create noise or other disruptions;
    • the number and size of commercial vehicles allowed for the home occupation;
    • the numbers of employees permitted; and
    • the nature of external advertising.
• b) All home occupations proposed within the permit control areas of the Ministry of Transportation require that appropriate permits from the Ministry of Transportation be obtained.

6.6 - Urban Design

In order to enhance the amenity of the City for urban and rural living, it is important that this Secondary Plan encourage the application of high standards of urban design wherever possible. Urban design objectives can be achieved through:

• landscaping of new development and upgrading landscaping of existing development;
• encouragement for good architectural design of new structures and sympathetic treatment of the architecture of existing structures;
• use of design techniques that address the needs of the physically disadvantaged;
• buffering to improve compatibility of adjoining land uses;
• preservation of important streetscapes and unique neighbourhoods;
• use of public art; and
• appropriate maintenance of public and private lands.

City Council may establish guidelines and standards on urban design to provide direction on design that satisfies Municipal objectives.

6.6.1 - Tree Planting and Landscaping

• a) This Secondary Plan encourages City Council to:
  • adopt a formal tree policy; and
  • continue with tree plantings along streets using species native to this climatic region and which are suited to streetscapes in urban and rural environments (i.e. deciduous species such as maple, oak, basswood, linden, ash, and elm); care should be exercised to avoid undue conflict with overhead wires and to ensure that selected species do not grow beyond what is appropriate.
• b) Owners of private lands are encouraged to undertake tree planting programs to improve the amenity of their lands and to complement tree plantings along public streets.  On private lands a wider variety of species can be employed, including many varieties of coniferous trees.  Tree planting may be required pursuant to the approval of new subdivisions and site plans for new developments.

Tree planting on private lands can be supplemented by effective use of shrubs, ground coverings, and other landscape features.  It is essential that the design of landscapes for all lands be appropriate to prevent soil erosion.

6.6.2 - Municipal Services

• a) This Secondary Plan encourages the installation of as many of the services and associated plants underground as may be physically or financially feasible to:
  • eliminate or avoid visual clutter;
  • increase the level of public safety; and
  • reduce the risk of service interruption through accident or natural disaster.
• b) It is recognized by this Secondary Plan that placement of all utilities and services below ground is not feasible.  Where any service or plant is located above-ground, the owner of such service or plant is encouraged to appropriately design and landscape the grounds and maintain the site in a suitable manner.

6.6.3 - Public Art

• a) This Secondary Plan encourages the use of public art (i.e. sculpture, paintings, design) throughout the community to heighten awareness of the City’s qualities and character.  Use of public art is particularly encouraged within areas designated Open Space.
• b) City Council is encouraged to establish a public art policy to provide guidance on the methods of acquiring public art, themes to be pursued, and the conditions of acceptance.  A committee to provide advice and guidance on the use of public art may be established by City Council.

6.6.4 - Architecture and Site Design

• a) This Secondary Plan encourages the development of new buildings employing an architectural design that is attractive, functional, and in keeping with the character of the area in which the development is to occur.
• b) This Secondary Plan encourages older buildings to be renovated in a manner sympathetic to the original architectural style of the building.
• c) This Secondary Plan encourages the use of signage in keeping with the architecture and scale of the building.  Free-standing signs on lots should be positioned to achieve their intended function but not cause any hazard due to their location.
• d) Commercial sites should be developed to ensure functionality and safety of the public.  Parking areas that are accessible to the public should be paved and parking spaces delineated.  Pedestrian systems on large lots should be incorporated into the site design for public safety.
• Clear access for emergency vehicles should be provided and where required, fire routes of sufficient size should be designated and appropriately signed.
• e) Fencing, curbing, sidewalks, landscaped strips, planting areas, berms, and other landscape features should be employed as appropriate to clearly delineate different functional areas on development sites.
• f) Buffering between conflicting land uses is important to ensure all lands can be used to their maximum potential.  Buffering should be employed as necessary to mitigate the effects of land uses upon other adjacent properties.  Techniques that may be appropriate include barrier and boundary fencing, berming, extensive tree and shrub planting, and physical separation (i.e. the placement of a parking area between two buildings containing conflicting land uses).  Use of existing natural features is a preferred method of buffering where possible.

6.6.5 - Services for Persons with Disabilities

• a) All new buildings and sites to which the public have access should be developed so as to be accessible to persons with disabilities through use of ramps and railings that accommodate the needs of wheelchairs and walking aids.  Sites should be adequately lighted to enable clear visibility of all features important to the movement about on such a site.
• b) Owners of existing buildings and sites which are not developed to accommodate persons with disabilities are encouraged by this Secondary Plan to modify the site and the building accordingly.
• c) This Secondary Plan encourages the Municipality to install ramps at intersections and across curbs and to avoid the use, wherever possible, of steps and other impediments to access for persons in wheelchairs and who use walking aids.

Where demand warrants, use of audible pedestrian signals should be employed to assist the visually impaired.

• d) Public parking areas should include spaces designated and designed for drivers who have a physical disability.  The Municipality should require owners of private developments that are accessible to the public to include similar facilities.

6.7 - Noise and Vibration Abatement and Attenuation

• a) Certain land uses can be impacted significantly by noise and vibration generated by rail lines, major highways, airports, and similar uses.  Sensitive land uses should either be discouraged from locating in close proximity to such uses or otherwise incorporate suitable noise attenuation measures to reduce the effects of noise to acceptable levels in accordance with Ministry of Environment guidelines.
• b) Noise and vibration sensitive areas generally are considered to be those lands abutting or adjacent to significant sources of noise.  Sensitive land uses include passive recreation, certain public assembly, and residential uses.

In the vicinity of rail operations, lands that are sensitive to noise generally are within 500 metres of a main railway line and within 250 metres of a secondary railway, and lands that are sensitive to vibration are generally within 75 metres of railway lines.

Respecting highways, lands that are sensitive to noise generally are within 250 metres of major Provincial highways and 100 metres of other major thoroughfares.

• c) Prior to the approval of any development sensitive to noise or vibration, comments should be sought from the appropriate rail company or authority with regard to the recommended noise, vibration and impact mitigative measures.  The Municipality may require the proponent to engage a qualified acoustical consultant to undertake a noise assessment study and recommend appropriate noise attenuation measures to meet the Ministry of Environment’s guidelines.
• d) The Municipality may require the proponent of a development that has the potential to generate significant noise and vibration to engage a qualified acoustical consultant to undertake an analysis of noise and/or vibration and to recommend abatement measures necessary to limit noise to the maximum noise level limits set by the Ministry of Environment.
• e) Among the remedies that the Municipality may employ to address issues of noise and vibration adjacent to rail operations, provision may be made for:
  • the registration on title and insertion in agreements of purchase and sale or lease a warning clause with regard to the existence of and potential impacts of rail operations;
  • increased setbacks and berming to address rail safety concerns;
  • orientation of buildings away from rail lands; and
  • installation of combined security and acoustical fencing to prevent trespass onto the railway right-of-way and to attenuate noise to acceptable levels.
• f) All proposed development adjacent to railways should incorporate appropriate safety measures such as setbacks, berms, and security fencing to the satisfaction of the Municipality in consultation with the appropriate railway authority.

6.7.1 - CN Railway Right-of-Way

• a) Any proposed residential or other sensitive land use development within 300 metres of the CN railway right-of-way will be required to undertake noise studies, and within 75 metres vibration studies, to the satisfaction of the City and the appropriate railway, and shall undertake appropriate measures to mitigate any adverse effects from noise and/or vibration that were identified.
• b) Development adjacent to railways shall ensure that appropriate safety measures such as setbacks, berms and security fencing are provided, to the satisfaction of the City and the appropriate railway.
• c) Any proposed rail crossings, or development in proximity to existing crossings, will require further review and, if supportable by the Railway, approval by CN. Any rail crossing sightline requirements of the Railway  and Transport Canada must be adhered to.

6.8 - Hazardous Uses and Contaminated Lands

The policies of this Section are intended to address uses and lands that pose risk to human use and activity.

6.8.1 - Salvage Yards

• a) A salvage yards includes premises where derelict, discarded, abandoned or inoperable motor vehicles and/or other goods, wares, merchandise or articles are stored wholly or partly in the open, including junk yards, scrap yards, recycling depots, and automobile wrecking yards.
• b) Salvage yards should be located a significant distance away from any existing or proposed residential, commercial, community facility, natural heritage and hazard, or open space uses to ensure that there would be no adverse impact from salvage yards on such land uses.  The actual separation distance may vary depending on topography, intervening land uses or natural buffering.
• c) Salvage yards should be adequately screened on all sides either naturally or by artificial means so that no portion of the operation, including the storage area, is visible from a public road.  Solid fencing and berming of sufficient height should be employed as required.
• d) Salvage yards should not cause or contribute to the pollution of any ground or surface water or natural heritage areas.  The Municipality may require studies identifying impacts on ground or surface water or natural heritage features prior to approval of any new or the expansion of any existing salvage yard.

6.8.2 - Waste Management Sites

• a) For the purposes of this Secondary Plan, waste management sites include:
  • sanitary landfill sites which may be either closed or operative;
  • recycling depots and transfer stations within which wastes are collected, stored, sorted and/or packaged for shipment to markets;
  • composting facilities upon which materials are managed to permit decomposition;
  • depots for the storage of industrial or toxic wastes pending transfer to recycling or disposal sites; and
  • depots for the temporary storage of used tires.

All uses noted above generally would require a certificate of approval issued by the Ministry of Environment.

• b) Sanitary landfill sites are prohibited in the Secondary Plan area.
• c) A closed industrial waste disposal site is located north of Moira Street West and east of Potter Creek.  This site has been rehabilitated in accordance with Ministry of the Environment regulations and will be monitored to determine any long term impacts on the environment.  These lands have been designated Open Space and will be used for these purposes for the foreseeable future.  Any development of the property must be undertaken in accordance with Ministry regulations including the completion of an environmental impact study completed to the satisfaction of the City of Belleville and the Ministry of the Environment.
• d) Waste transfer stations, industrial or toxic waste storage depots, recycling depots, and composting facilities may be permitted in various areas of the community provided that impacts upon adjacent land uses is considered prior to approval.  Generally such uses should be directed to areas designated Employment land use.

6.8.3 - Contaminated Lands and Brownfield Sites

Brownfield sites are undeveloped or previously developed properties that may be contaminated and are typically underutilized, derelict or vacant.  Rehabilitation and redevelopment of these sites is important to achieving the land use, economic development and, particularly those located within the Brownfields Community environmental goals Secondary Plan. 

• a) Certain sites and lands in their vicinity within the community are known or suspected to have soils contaminated with residues of current or previous industrial or commercial land uses (i.e. hydrocarbons, heavy metals) which would preclude reuse of such lands for other purposes without first eliminating or reducing the contamination levels to acceptable levels.  The Municipality shall encourage the rehabilitation and redevelopment of these sites as a means to achieve environmental enhancement, neighbourhood revitalization, efficient use of existing urban services and to remedy the urban blighting effects of vacant and derelict properties.  Where sites may be contaminated, such sites could have the potential for adverse effects on human and/or the natural environment and their remediation is a principal goal of this Secondary Plan.
• b) Reuse or redevelopment of contaminated land is subject to the provisions of the Ministry of the Environment Environmental Protection Act and Regulation 153/04 and other standards/documents in force.
• c) In managing development on potentially contaminated sites, the Municipality will:
  • identify those lands or sites that are suspected or known to be contaminated;
  • inform the applicant upon receipt of an application for development of any such site where contamination is suspected or where proposed development would trigger a need to assess the environmental condition of the subject site;
  • secure conditions and/or agreements as part of the development review process to ensure an environmental site assessment is conducted; and
  • receive a Record of Site Condition (RSC) either prior to development approval, at the time of release of conditions of approval, or at the time of issuance of building permits, as required or stipulated by the Municipality.
• d) When considering applications for development which includes sites suspected or known to be contaminated, the Municipality will:
  • i) Require, at its discretion, a Phase I Environmental Site Assessment (ESA) be undertaken by the applicant in accordance to the Ontario Regulation 153/04 as may be amended from time to time.  This would involve the gathering of information to identify actual or potential contamination related to current or historic land use of the site.  This requirement is in addition to Ontario Regulation 153/04, which prescribes those uses for which a Phase II ESA is required.
  • ii) Require, where recommended by a Phase I ESA or mandated under Regulation 153/04, a Phase II ESA be undertaken by the applicant in accordance with Ontario Regulation 153/04.  This would involve sampling and analysis of the site to confirm and delineate the presence or absence of contamination suspected by the Phase I ESA report, including, but not limited to:
    • the nature and extent of soil or groundwater contamination or absence thereof;
    • potential risks to human health and safety as well as effects on ecological health and the natural environment; and
    • demonstration of whether the site meets the relevant Provincial standards for the proposed use.
  • iii) Require, where necessary as a result of a Phase II report, a Phase III remedial action plan be undertaken and implemented by the applicant to meet, at a minimum, the regulatory requirements of the Ministry of the Environment (MOE), and where relevant, the Federal Government.  As a condition of approval, the Municipality will require that remediation, where required, is undertaken to appropriate standards of the MOE, as specified in Regulation 153/04 and in its companion document Soil, Ground Water and Sediment Standards for use Under Part XV.1 of the Environmental Protection Act (March 9, 2004), or if superseded, other regulatory requirements of the MOE, as amended from time to time.
  • iv) Require applicants to prepare and submit for acceptance by the Ministry of the Environment (MOE) a Record of Site Condition (RSC).  In addition to changes of use prescribed by Ontario Regulation 153/04 as uses for which a RSC is mandatory (a change of use to a more sensitive land use), the Municipality may require a RSC to be filed where the application does not involve a change of use to a more sensitive land use as defined in Ontario Regulation 153/04.  This requirement is to ensure, to the Municipality's satisfaction, that any remediation or risk assessment and risk management, necessary to permit the intended use is to the satisfaction of the MOE.  In such instances, final approval of the application, or waiving of conditions of approval, is contingent on MOE acknowledgment of the RSC as well as any Certificate of Property Use issued by the MOE in respect of the property.

The Municipality, at any stage of completion of an environmental site assessment, may require an independent peer review of the work being conducted, and may require the costs of such review to be assumed by the proponent.

• e) The Municipality and owners of contaminated lands and brownfield sites are encouraged to take advantage of government programs and other sources of funding established from time to time.
  • The Municipality may:
    • enter into partnership agreements with owners, assessed owners or tenants of owners of contaminated sites respecting use of techniques that will generate funds to undertake environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes (i.e. tax increment equivalent grants or loans); or
    • enter into agreements with owners of contaminated lands or brownfield sites respecting site remediation.
• f) Where the Municipality is deeded land for public highways, road widenings, parks, stormwater management, easements, or for any other purpose, the Municipality will require that such transfers are conditional upon the verification, satisfactory to the Municipality, that the environmental condition of the property meets provincial legislation, regulations and guidelines.  Where required by the Municipality or the Ministry of the Environment (MOE), this may include the filing of a Record of Site Condition (RSC) on the Environmental Site Registry by a Qualified Person as defined by legislation and regulation, and its acknowledgement by the MOE.

6.9 - Non-Conforming Uses

• a) Any existing use that does not comply with the relevant policies contained in this Secondary Plan would be deemed non-conforming in terms of this Secondary Plan.
• b) Non-conforming uses may be zoned in recognition of the existing use provided:
  • the zoning would not permit any change of use or performance standard that will aggravate any situation detrimental to adjacent complying uses;
  • such uses do not constitute a danger to surrounding uses and persons by virtue of their hazardous nature or the traffic flow they generate;
  • such uses do not pollute the air, water or soil to the detriment of health and safety of residents; and
  • they do not interfere with the development or enjoyment of adjacent areas in accordance with this Secondary Plan.

Where an existing use meets the above criteria, such zoning may provide for the current use and any other uses which are deemed to be similar to or more compatible with adjacent complying uses than the current use.

• c) To eliminate non-conforming uses, the Municipality may acquire such uses or assist in whatever way possible in the relocation of the use.
• d) Where there is merit in granting permission to extend or enlarge any non-conforming use either within the lands held in ownership or on adjacent properties, City Council may adopt a by-law to permit such extension or enlargement without the necessity of amending this Secondary Plan provided that:
  • the proposed extension or enlargement would not unduly aggravate the situation already created by the existence of the use;
  • the proposed extension or enlargement would be in proportion to the size of the non-conforming use;
  • the proposed extension or enlargement would not create or increase an unacceptable amount of noise, vibration, fumes, smoke, odour, lighting, or traffic; and
  • there are provisions for use of buffering, landscaping, screening, appropriate setbacks, off-street parking and loading areas where necessary, adequate servicing, and other measures to mitigate the impacts on surrounding lands.

City Council is not obligated to grant permission to extend or enlarge a non-conforming use under any circumstance.

Prior to determining the appropriateness of an enlargement or extension of a non-conforming use, City Council should seek public comment.  Where such a use is located within or in close proximity to areas designated Environmental Protection, or in close proximity to the Bay of Quinte, Potter Creek or any natural drainage course, comments should be obtained from the Conservation Authority.

The Committee of Adjustment also may permit the extension or enlargement of a non-conforming use subject to the same consideration noted above, provided the Committee is satisfied that the general intent and purpose of this Secondary Plan is maintained.  The Committee of Adjustment may permit a change in use to a similar use or more compatible use.

• e) Where a non-conforming use is destroyed by fire or other accidental cause, such building or structure may be reconstructed to its former dimensions and location provided work is commenced within twelve (12) months of the date of destruction.  Prior to issuing any permit to reconstruct, the Municipality should consider:
  • whether the lands should be acquired to prevent the non-conforming use from being re-established;
  • requiring the owner to conduct studies (i.e. geo-technical) to assess the advisability and implications of re-constructing the non-conforming use; and
  • requiring the owner to enter into an agreement to confirm building size and dimensions, siting, landscaping, the provision of parking and loading areas, entrances to public streets, and the exterior design of the building.

6.10 - Wayside Pits and Quarries

• a) Wayside pits and quarries are temporary operations established by or on behalf of a public road authority on short notice solely to fulfill an immediate road construction or maintenance need.  Portable asphalt plants would be included under this definition.
• b) Wayside pits and quarries are generally permitted throughout the community without the need to amend this Secondary Plan or zoning by‑law, provided no severe environmental disruption will occur and the site is not within a wetland, floodplain or watercourse, or areas designated Low, Medium or High Residential land use. 
• c) Prior to the establishment of a wayside pit or quarry, the Municipality should be advised by the applicable Provincial Ministry that the proposed operation qualifies as a wayside pit or quarry, and a rehabilitation plan and estimate of capacity should be filed with the City.
• d) A rehabilitation plan should be required as a condition of approval.

6.11 - Open Space System

The City’s open space system constitutes all publicly and privately owned parks, recreational lands and facilities, natural areas, cemeteries, and similar which contribute to the provision of leisure time services for public recreation.  It is important that policies be established to encourage the appropriate development of the City’s open space system for the benefit of residents of and visitors to the community. Components of the open space system generally include:

• public park system and other lands owned and/or managed by the Municipality to which the public have access for recreational purposes;
• school and college lands and playgrounds to which the public have access for recreational purposes;
• lands owned by the Conservation Authority to which the public have access for recreational purposes;
• lands owned by the Crown (Provincial or Federal) to which the public have access for recreational purposes; and
• lands owned privately or under private lease from the Crown to which the public have access for recreational purposes, such as golf courses, lawn bowling clubs, marinas, tennis clubs, utility corridors, and similar uses.

6.11.1  Standards for the Dedication of Parkland

• a) As a condition of the approval of subdivision of land, City Council may require:
  • in the instance of subdivisions for primarily residential purposes, dedication of up to 5% of the land area for open space purposes; and
  • in the instance of subdivisions for primarily commercial or industrial purposes, dedication of up to 2% of the land area for open space purposes.
• b) The dedication of land for open space may be waived or reduced if City Council is of the opinion that:
  • adequate open space facilities are provided by the owner;
  • adequate open space facilities are in close proximity to the proposed development; or
  • such dedication is not required for industrial or commercial subdivisions.
• c) City Council may adopt a by-law applicable to any part or the whole of the City stipulating that pursuant to the approval of residential, commercial or industrial development, parkland should be dedicated to the Municipality.
  • The by-law may require dedication of up to 2% of the land area proposed for industrial or commercial development, and in all other cases up to 5% of the land area proposed for development, for park or other public recreational purposes. 
• d) City Council, at its discretion, may elect to require cash-in-lieu of park land where:
  • the allowable land dedication fails to provide an area of suitable shape, size or location for appropriate parkland development;
  • the required dedication of land would render the remainder of the site unsuitable or impractical for development; or
  • the existing parkland and recreational development in the vicinity of the site are adequate to serve the needs of existing and future residents of the area.

Such payment should be based on an appraisal by a qualified land appraiser.  Where, in the opinion of the Municipality, the cost to prepare a land appraisal would be unreasonable given the anticipated cash-in-lieu value, the Municipality may utilize a standard for cash-in-lieu of parkland. In establishing such a standard, the Municipality should ensure that application of such a standard would not result in cash requirements exceeding the maximum permitted.

Money acquired as cash-in-lieu is to be placed in a fund specifically for parkland acquisition and development of recreational facilities.

• e) As an alternative to the requirement to dedicate 5% of the land within a residential subdivision or development for open space purposes, City Council may require the dedication of lands at a rate of up to 1 hectare for each 300 dwelling units.
• f) The Municipality should not accept any lands as parks dedication that would not be suitable for use as parkland; areas of steep hillsides and ravines or wetlands generally would not be suitable for dedication as parkland.  This same policy should be applied with respect to configuration and location, dimensions and other matters that affect the suitability of lands for recreational purposes.
• g) City Council may elect to accept lands for parks purposes for resale or trade in order to consolidate lands of acceptable size, shape and location for park purposes.

6.11.2 - Recreation Facilities on Private Lands

• a) The Municipality may require the provision of on-site recreational facilities in large multiple unit residential developments.  The facilities should be oriented to the recreational need of the residents of such development. Such areas should not be considered as part of the land dedication requirements for parkland purposes.
• b) On-site recreational facilities should be tailored to the particular requirements and needs of the residents of the proposed development, and should be proportionate in size and scale of the development they serve.  Particular emphasis should be given to the establishment of playground equipment for young children.

6.12 - Water Resources

• a) This Secondary Plan recognizes the importance of groundwater resources to fish and wildlife habitat.  Groundwater quality and quantity should not be adversely impacted by development.  When possible and where necessary groundwater quality should be improved.  Groundwater studies should be utilized as necessary to determine whether development that would rely upon groundwater or would use excessively large quantities of groundwater should be permitted.

The taking of water for commercial purposes is subject to regulation by the Ministry of Environment.  The policies of this Secondary Plan do not preclude such enterprises, but strongly encourage that prior to any enterprise being endorsed, the potential impact of such business on the water source, the aquifers and long term supply of groundwater be considered.  Where approved, groundwater resources should be monitored to ensure such activities do not have adverse impacts.

• b) Other than land uses which by necessity must be located immediately adjacent to the water’s edge (i.e. marinas and related uses, boat dockage/launching facilities, dams/hydro electric facilities), buildings and structures should be adequately set back from the high-water mark in order to minimize visual disruption and to help avoid water pollution and property damage.  The appropriate setback distances should be determined in consultation with the Conservation Authority taking into account issues such as engineered flood-lines, potential for erosion, wave up-rush potential, fish and wildlife habitat, and public access to the water.
• c) The International Joint Commission has identified the Bay of Quinte as a Great Lakes area of concern; water quality impairment is related to eutrophication, bacteriological contamination, persistent toxic contaminants, and destruction of fish and wildlife habitats.  A Remedial Action Plan was prepared to address this problem, and the Official Plan supports all initiatives that would lead to the eventual delisting of the Bay of Quinte as an area of concern.
  • To restore and enhance the Bay’s ecosystem, the Bay of Quinte Remedial Action Plan encourages the Municipality to:
    • protect fish and wildlife habitat and shoreline along the Bay;
    • develop in co-operation with other agencies, strategies for achieving and maintaining nutrient loading limits to approved levels;
    • ensure in co-operation with other government agencies, the quality of stormwater runoff from development does not further reduce the quality of the waters of the Bay with respect to nutrient, bacterial and toxic contaminants;
    • participate with senior levels of government and community groups in implementing remedial action and abatement programs;
    • support measures to reduce the negative impact of agricultural, industrial and municipal land uses and activities on the Bay;
    • establish stormwater management works with other public works projects; and
    • support watershed remediation programs.

6.13 - Tourist-Related Development

• a) The Quinte region has many qualities that support a strong tourist industry, and the City is in a position to benefit from this opportunity.
• b) This Secondary Plan encourages development of uses that attract and provide services to tourists (i.e. restaurants, hotels and motels, theatres, trails and beaches, parks, golf courses, recreation complexes).  The land use policies for the downtown, Bayshore planning area, commercial districts, open space and recreation commercial areas provide for the development of many uses that achieve those objectives.
  • In addition, this Secondary Plan supports the establishment of bed and breakfasts in areas provided that:
    • the residential character of the home is retained;
    • impact of the use upon abutting residential properties is minimal;
    • the lot has sufficient space to accommodate parking off the street without detracting from the character of the neighbourhood;
    • the home meets minimum standards for health and fire; and
    • there is good access to the property from the City’s road system.

Preference should be given to use of homes that are large and have architectural or locational attributes that lend themselves to such a use.

• c) In order to provide appropriate service for tourists, this Secondary Plan encourages effective use of directional signage and information kiosks in critical locations.
• d) This Secondary Plan recognizes the importance of the sports fishery to the region’s tourist industry, and encourages the maintenance and enhancement of the fishery.  Public access to the Bay of Quinte should be provided as appropriate.

6.14 - Energy Conservation

• a) This Secondary Plan encourages energy conservation through the development of innovative hydro and thermal energy projects, innovative wind energy projects, and area wide heating and solar energy projects.

Land use and development implications as set out in the policies of this Secondary Plan should be considered prior to approval or installation of any such projects.

• b) Energy conserving features supported by this Secondary Plan include:
  • upgraded insulation levels and improved construction techniques;
  • energy conscious design of buildings;
  • siting of buildings to maximize passive energy potential, including predisposition towards east/west street orientation;
  • landscaping for wind shelter in winter and control of overheating in summer;
  • limitations on excessive scattered low density residential development;
  • infill development on lands suitable for such development;
  • mix of land uses to encourage multi-purpose trips;
  • neighbourhood facilities to provide convenient and easily accessible services to residential areas;
  • development of higher density uses adjacent to transit routes;
  • use of traffic management measures to reduce energy consumption, emissions and congestion (i.e. synchronized and vehicle actuated traffic signals);
  • development of trail systems to provide alternative transportation services;
  • reuse or intensification of existing buildings; and
  • expanded use of public transit services as demand warrants.
• c) This Secondary Plan recognizes these features cannot be provided in all circumstances; it is intended that the Municipality consider the foregoing when developing plans and granting approvals for development.

6.15 - Housing Policies

The purpose of this Section is to provide guidance on the provision of housing to meet the needs of current and future residents of the City.

6.15.1 - Supply of Residential Lands

• a) It is the policy of this Secondary Plan to ensure the availability of housing sufficient to meet the needs of the community in accordance with the objectives of the Provincial Policy Statement.
• b) City Council should ensure that the above objectives are achieved by:
  • planning for future residential development to ensure sufficient lands are appropriately designated;
  • developing plans for extension and financing of municipal services to ensure capacity exists to accommodate new residential development;
  • monitoring housing trends to define housing targets and to ensure planning policies and strategies reflect changing conditions; and
  • monitoring the status of applications for the approval of building lots and housing developments.

6.15.2 - Housing Renewal and Innovation

• a) This Secondary Plan supports innovative residential development; City Council should endeavour to increase awareness of innovative approaches to housing to foster exceptional solutions to the City’s housing needs.
• b) City Council should encourage maintenance, rehabilitation, and renewal of the existing housing stock by:
• providing a high standard of municipal service;
• avoiding or reducing where possible adverse effects from incompatible land uses and traffic, including relocating incompatible uses and redevelopment of such lands for housing where possible; and
• using federal and provincial programs when available to fund the upgrading within older neighbourhoods.

6.15.3 - Affordable and Special Needs Housing

• a) This Secondary Plan encourages the creation of sufficient affordable and special needs housing to meet the current and future needs of the community.  The majority of such housing would be created through new residential construction.
• b) To achieve this objective, City Council should:
  • ensure sufficient lands are zoned for a variety of housing types including small single detached and attached dwellings, multiple dwellings, accessory apartments, rooming and lodging houses;
  • provide opportunities for development of small dwelling units in the Secondary Plan area;
  • encourage developers to build and market portions of their developments for affordable and special needs housing;
  • facilitate where appropriate conveyance of lands or units within housing developments to co-operative, private or non-profit housing corporations; or
  • consider granting density bonuses described in this Secondary Plan in appropriate locations where affordable or special needs housing would be provided.
• c) City Council should monitor the housing market, including the rental housing supply and vacancy rates, to ascertain whether sufficient affordable and special needs housing is available or able to be provided.

6.15.4 - Housing Intensification

This Secondary Plan supports compatible housing intensification and infill development, such as:

• accessory apartments or conversions of large residential structures to multiple use in appropriate areas;
• infilling on existing lots of record and maximizing use of underutilized lots;
• subdivision of oversized residential lots;
• establishment of boarding houses in commercial areas and neighbourhoods of mixed land uses; and
• conversion of non-residential buildings to residential use in appropriate areas.

Section 7 - Development Phasing

Phase 1 will consist of lands that are contiguous to the existing built area of the City and can be developed within the capacities of the existing infrastructure (with minor modifications).  It is anticipated that Phase 1 could accommodate growth for the next 5-10 years.  In this regard the following lands are included in Phase 1:

• i) redevelopment and minor expansions of existing uses;
• ii) development of approximately 100 hectares (250 acres) of land located south of Highway 401 and north of the hydro right-of-way for employment purposes.  This land area represents approximately 50% of the total land area at this location.  The precise lands located north of the hydro right-of-way to be developed in Phase 1 shall be determined by the City through the review and approval of development applications in this area.  Development of additional lands north of Moira Street will require major infrastructure improvements outlined in Section 4 of this Plan; and
• iii) development of approximately 500 residential dwelling units (or commercial, industrial, institutional equivalent) on lands located north of the Bay of Quinte and south of the Bell Canada easement in the southern portion of the Plan area.  Additional lands located between the Bell Canada easement and Potter Creek may be developed in Phase 1 provided the overall intent of the Plan, including the sewer, water and road system, is maintained.

The City should manage Phase 1 development to ensure sewer, water, and road capacity exists to accommodate a mix of land uses, particularly in the southern portion of the Plan area.  In this regard, service capacities should be available to accommodate an appropriate mix of residential, commercial, and institutional development.

The City shall monitor Phase 1 development to ensure that existing capacities identified in the sewer, water and road systems are not exceeded as development proceeds.

Phase 2 development of the Plan will take place over the long term (10 – 25 years) and will depend on the nature of development that takes place in Phase 1.  Any development beyond Phase 1 will require major infrastructure upgrades and improvements to the sewer, water and road system.  In this regard, the City should prepare a long-term capital budget to ensure that the required infrastructure identified in this Plan and other studies is in place to accommodate subsequent phases of development in the Loyalist Planning Area.

Section 8 - Implementation

8.1 - Land Use Control By-laws

City Council should adopt land use control by-laws to regulate development and define areas within which certain uses of land may occur subject to appropriate development criteria.

8.1.1 - Zoning By-laws

• a) City Council should adopt as necessary new zoning by-laws to define the limits of areas to be allocated to various land uses and establish appropriate development criteria in conformity with the policies of this Plan.
• b) In assessing the merits of new zoning by-laws or proposed amendments to zoning by-laws, City Council should consider the objectives and policies of this Plan.

8.1.2 - Deferred Development Zones and Holding By-laws

• a) Where City Council wishes to delay final implementation of zoning for any lands, City Council may:
  • zone such lands in a ‘deferred development’ category until such time as conditions appropriate to accommodate development are in place; or
  • establish holding provisions to the zoning for such lands by placing an ‘H’ in front of the zoning category label as it applies to such lands.
• b) The Municipality may employ these techniques to:
  • prevent or limit the use of land to achieve orderly phasing of development;
  • ensure private or municipal servicing and design criteria established by the Municipality would be met;
  • ensure any required studies are completed prior to development proceeding;
  • prevent development from proceeding until arrangements respecting the installation of services (i.e. sewers and water mains, stormwater management systems or roads) have been made;
  • provide for the implementation of special design features in specific locations or developments;
• c) Before rezoning lands designated ‘deferred development’ to an appropriate zoning category or before removing the holding provisions, Council should be satisfied that the conditions which necessitated use of either technique have been or are assured of being satisfactorily addressed.
• d) Any application to rezone lands zoned ‘deferred development’ or remove the holding symbol should be reviewed by the Municipality considering whether:
  • the proposed use of lands is in conformity with the policies of this Plan;
  • the required services are provided or can be provided;
  • any required reports have been completed to the Municipality’s satisfaction;
  • the financial requirements of the Municipality have been fulfilled;
  • the phasing and design of the proposed development is acceptable; or
  • any required agreements have been satisfactorily completed.

8.1.3 - Interim Control By-laws

• a) Council may adopt interim control by-laws to restrict the use of land, buildings or structures to limit development until detailed planning studies for the lands subject of the by-law are completed and accepted by the Municipality, and any appropriate amendments to zoning by-laws are in effect.
• b) Council should only employ this form of land use control where it is of the opinion that allowing development to proceed or new land uses to be established without first addressing planning issues could have significant negative implications to the lands in question, abutting lands, or the City as a whole.
• c) Any interim control by-law adopted by Council may initially be in effect for a period of up to one year from the date of passing but may be extended for a maximum of one additional year.  During this period, the Municipality should employ due diligence to complete all appropriate planning studies to address issues that necessitated the interim control by-law being adopted.

8.1.4 - Temporary Use By-laws

• a) Council may adopt by-laws to authorize the temporary use of land, buildings or structures for any purpose otherwise prohibited by applicable zoning by-laws.
• b) The temporary use may be authorized initially for a period of time up to three years from the date of the passing of the by-law, except in the case of garden suites that may be authorized for up to ten years, but temporary uses may be extended by by-law for further periods of not more than three years each.  Upon the expiry of a temporary use by-law, the use authorized by the by-law would cease unless extended by by-law.
• c) A temporary use by-law should generally conform to the policies of this Secondary Plan and the following principles:
  • i) The use to be established should be of a temporary nature where the investment to establish the use is not to such an extent that the owner would be put to undue hardship upon termination of the temporary use.
  • ii) It is not considered appropriate to zone for such use on a permanent basis, taking into account issues such as access, traffic impacts, and potential long-term land use conflicts.

Temporary service/maintenance yards for utility companies or their contractors may be permitted where Council believes the implications are reasonable.

8.1.5 - Special Zoning Provisions

• a) City Council may adopt zoning by-laws which provide for an increase in the maximum height and/or density of a development in exchange for the provision of such facilities, services or matters as are set out in the by‑law.

In all cases, the facilities, services or matters provided in exchange for increased height or density of a development project should be directly linked to the nature of the development on the lands so zoned.  The transfer of increased height and density provisions from one area of the City to another area of the City, or from one project to another project should not be permitted.

Before passing any by-law to allow an increase in height or density of any development, City Council should have regard to:

• • the types of development to which bonuses may apply;
  • the areas of the City where these provisions should be applied;
  • the facilities, services or matters which may be provided in exchange for increased height or density;
  • the extent of the increases in height or density which may be granted; and
  • land use and servicing implications of permitting increases in height or density.

In all cases, development resulting from the application of increased height or density provisions should be compatible with adjacent uses and meet the general intent and purpose of this Plan.  The facilities, services and matters that are to be provided should be commensurate with the increased height or density that may be granted for each development project.

As a condition to applying increased height or density provisions to a proposed development, the owner of the subject land may be required to enter into an agreement with the Municipality to be registered against the title to the land to address the facilities, services or matters that are to be provided, the timing of their provision, and the increase in height or density to be given.

• b) Where a zoning by-law requires parking to be provided as a condition to the development or establishment of a use, City Council may enter into an agreement to exempt a proposed development or use from providing required parking in exchange for the payment to the Municipality of a sum of money to be used by the Municipality to develop public parking facilities.

This policy should only be used in areas where there is sufficient concentration of uses and demand for the establishment of public parking facilities.

8.2 - Site Plan Control

• a) Site plan control should be used where proposed development or features of a particular site or district require:
  • consistent standard of development;
  • safe and efficient vehicular and pedestrian movement;
  • installation of features that ensure compatibility between land uses; and
  • appropriate placement and provision of services and drainage.
• b) The entire Secondary Plan Area is designated by this Plan as a proposed site plan control area.  City Council may adopt by-laws to define the Secondary Plan Area in its entirety or any portion of the Secondary Plan Area as a site plan control area.

Within the proposed site plan control area, City Council may define all development with the exclusion of low density residential development and farm-related development as subject to site plan control procedures.  Also exempted would be aspects of licensed aggregate operations that fall under Provincial control; the Ministry of Natural Resources is, however, encouraged by this Plan to circulate plans for licensed operations to the Municipality for review and comment.  Exemptions may be achieved by defining these classes of development in the site plan control area by-law rather than defining specific areas. 

• c) Site plan control area by-laws may require any person proposing development within a site plan control area to submit to the Municipality for approval:
  • plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works (including landscaping and grades and elevations) to be provided in conjunction with the project; and
  • drawings showing plan, elevation and cross-section views for each building to be erected, illustrating the massing and conceptual design of the proposed buildings, the relationship of the proposed buildings to adjacent lands, and interior areas to which the public have access; all of which requirements are more specifically set out in the Planning Act.

This Secondary Plan designates the Secondary Plan Area in its entirety as an area for which drawings that show plan, elevation and cross-section views for residential buildings less than twenty-five units may be required.

• d) City Council may apply such conditions as provided for in the Planning Act to the approval of a site plan and may ensure the fulfillment of conditions of approval and the implementation of the Municipality’s policies through execution of a development agreement which may be registered against the title to the lands.  Such agreement may address issues such as timing of development, future obligations, security and default provisions, and financial matters respecting the provision of services.  Among these conditions may be the requirement to provide road widenings to the Municipality as set out in Section 5.2 of this Secondary Plan.  Agreements may also provide for the completion of an environmental site assessment as set out in Section 6.8.3 d) of this Secondary Plan.

8.3 - Sign By-laws

• a) City Council may adopt by-laws pursuant to the Municipal Act to regulate the type, form, size, placement, and standards for the placement or alteration of signs.
• b) A sign by-law may set out requirements for the provision of details on structural matters to ensure compliance with the Building Code, the provision of engineering reports and certificates, and the payment of appropriate fees.

8.4 - Property Standards By-laws

• a) City Council may adopt property standards by-laws pursuant to the provisions of the Ontario Building Code Act.
• b) Property standards by-laws, among other matters, may:
  • define the standards for maintenance and occupancy of property;
  • prohibit the occupancy or use of any property that does not conform to the standards set out in the by-law;
  • require repairs to be effected to any non-complying property;
  • require debris, refuse, and derelict vehicles be removed from property; and
  • require that non-complying buildings or structures be demolished if repairs are not effected, leaving the lands in a graded and levelled condition.

8.5 - Sewer Use and Waste Collection By-laws

• a) City Council may adopt sewer use by-laws that, among other matters would:
  • regulate the nature of wastes that may be permitted to be discharged into the municipal sewer system; and
  • require the installation of inspection manholes for certain land uses at the point that sewer systems discharge from private lands to the public system.
• b) City Council may adopt by-laws to regulate the collection and disposal of waste that, among other matters, may define the nature and quantities of waste that may be accepted by the Municipality for disposal.

8.6 - Heritage By-laws

• a) City Council may adopt by-laws pursuant to the provisions of the Heritage Act to designate properties which have sufficient architectural, historical or other significance to warrant specific recognition and protection.
• b) Prior to adopting any heritage by-law, City Council should obtain advice from LACAC (Heritage Belleville).  Where any property is so designated, the Municipality should process plans respecting any renovation or demolition in accordance with the provisions of the Heritage Act and obtain the advice of LACAC.
• c) City Council may maintain the integrity of archaeological resources by adopting zoning by-laws to prohibit any land use activities or the erection of buildings or structures on land which is a site of a significant archaeological resource.

8.7 - Other By-laws

• a) By-laws may be adopted under the authority of the Municipal Act or any other Act to implement the policies of this Plan with respect to:
  • derelict motor vehicles, wrecking yards, pits and quarries, outside storage, storage of wastes (including tires), fences, removal of topsoil, protection of trees and forest management, conditions of property, kennels and animal control, and trailers; and
  • adoption and implementation of nutrient management plans.
• b) Financial by-laws such as local improvement by-laws (pursuant to the Municipal Act) and development charge by-laws (pursuant to the Development Charges Act) which are necessary to raise funds to pay for infrastructure may be adopted as necessary to implement any policy or provision of this Plan.

8.8 - Subdivision of Land

• a) All lands within the Secondary Plan Area are subject to subdivision control by virtue of the provisions of the Planning Act.
• b) The Municipality should ensure the plan of subdivision and consent approval processes are employed appropriately to ensure division of land is undertaken in accordance with the policies of this Plan.
• c) City Council, where circumstances warrant, may adopt by-laws to:
  • exempt certain lots within registered plans of subdivision from subdivision control (generally referred to as part-lot control by-laws); and
  • deem registered plans that have been in existence for eight years or more to no longer be a registered plan of subdivision as defined in the Planning Act.

8.9 - Capital Works 

• a) Certain policies of this Plan would be implemented through the construction of public works.  No public work can be undertaken that is not in conformity with the policies of this Plan.
• b) This Plan encourages City Council to adopt a multi-year capital works budget to provide guidance on the allocation of monies to extend and upgrade municipal services to achieve the objectives of this Plan.

8.10 - Land Acquisition

• a) The Municipality may acquire and hold land within the City for the purpose of meeting any objective of this Plan.  The Municipality may also sell, lease or otherwise dispose of such lands when no longer required in accordance with the Municipal Act and other relevant provisions of this Plan.
• b) Without limiting the generality of the above statement, the Municipality may acquire lands for the purpose of:
  • providing roads, road extensions, road widenings, and pedestrian linkages;
  • providing servicing and utility corridors and sites;
  • providing parks and lands for recreation uses, facilities, and trails;
  • providing cultural facilities (i.e. libraries, theatres, art galleries, halls);
  • eliminating non-conforming land uses;
  • controlling access to roads or public thoroughfares;
  • consolidating lands for redevelopment;
  • controlling hazardous lands (i.e. lands subject to flooding or erosion);
  • protecting natural heritage features;
  • protecting significant heritage sites (architectural or historical);
  • providing administration facilities and services;
  • establishing industrial land banks and enterprise centres;
  • providing transportation services (i.e. airports, marinas and boating facilities);
  • providing off-street parking areas and facilities; and
  • any other purpose which implements the policies of this Plan.

8.11 - Boards and Committees

City Council has established special committees and boards to oversee certain procedures and processes that implement portions of this Plan.  Committees may be established as standing committees or special ad hoc committees to address specific issues.

8.11.1 - Committee of Adjustment

• a) A Committee of Adjustment may be established to consider applications for:
  • minor variances from the provisions of zoning by-laws (including bonus, holding, temporary use and interim control by-laws), sign by‑laws, and any other by-laws which implement this Plan;
  • enlarging, extending or changing the use of non-conforming uses; and
  • determining the permitted use of land where a zoning by-law is written in general terms.
• b) When considering an application for minor variance, the Committee should consider whether:
  • the general purpose and intent of this Plan is maintained;
  • the general purpose and intent of the by-law is maintained;
  • the variance requested is minor; and
  • the variance is desirable for the appropriate development or use of the land.
• c) When considering an application for an enlargement, extension or a change of use to a non-conforming use, the Committee should consider:
  • whether the existing use is legal non-conforming;
  • whether the enlargement or extension is likely to create or aggravate any problems, and is in accordance with the policies of this Plan; and
  • when a change in use is proposed, whether the proposed use is similar to the existing use or is more compatible with the uses permitted in the by-law applicable to the area in which the non-conforming use is located.
• d) When considering an application for interpretation of a zoning by-law that defines uses of land in general terms, the Committee should consider:
  • whether the general purpose and intent of this Plan is maintained; and
  • whether the general purpose and intent of the by-law is maintained.
• e) The Committee of Adjustment may also be assigned the responsibility for granting consents for any part or the whole of the Secondary Plan Area.

8.11.2 - Other Committees

• a) City Council may establish ad hoc and advisory committees periodically to undertake specific initiatives to achieve any objective or implement any policy of this Secondary Plan (i.e. planning advisory committee, environmental advisory committee, or task forces to address defined issues).
• b) City Council should establish such bodies as required under various statutes (i.e. Line Fences Act) to administer processes required by such statutes.

8.12 - Plans and Plan Review

This Secondary Plan is not specific by its nature and provides general direction and guidance on the development of the Loyalist Planning Area.  Periodically it will be appropriate to establish more specific policies to address issues pertaining to the development or improvement of the Area.  It is also important that all plans be reviewed periodically to ensure their relevance to issues that must be addressed respecting the community’s development.

City Council may adopt community improvement plans to address the community improvement policies set out in this Plan.

8.12.1 - Plan Review

• a) A comprehensive review of this Secondary Plan should be undertaken at least every five (5) years in addition to the requirements of the Planning Act to hold a public meeting to determine the need for revisions to this Plan.
• b) The Municipality should monitor this Secondary Plan to determine if its objectives are being met.  If any of the assumptions on which this Plan is based were to change substantially, a partial or complete review of the Secondary Plan may be undertaken at that time in order to determine whether the policies of the Secondary Plan remain appropriate.
• c) During the review process, City Council should hold a public meeting to discuss the need for revisions to this Secondary Plan, and if changes are warranted, appropriate amendments should be made following the review.

8.12.2  Amendments to the Secondary Plan

• a) Applications to amend this Secondary Plan may be submitted to City Council for consideration.
• b) As a pre-requisite to the consideration of any application to amend this Secondary Plan, the Municipality may require the applicant to submit those studies that are considered necessary to enable the application to be properly assessed, which may include:
  • assessment of servicing implications;
  • analysis of soil, subsoil and groundwater conditions (geo-technical and hydro-geological studies);
  • environmental impact studies (EIS);
  • environmental site assessments (for potentially contaminated sites);
  • noise and vibration assessments;
  • traffic studies;
  • market and needs surveys;
  • stormwater management studies; and
  • assessments of financial impact.

8.13 - Procedural Guidelines and Municipal Standards

• a) City Council may establish documents that set out procedural guidelines or municipal standards to assist land developers in effectively dealing with matters subject of this Secondary Plan.  These documents, while not forming a part of this Secondary Plan, would assist with its interpretation and implementation.
• b) Documents setting out procedural guidelines or municipal standards may address matters such as:
  • plans of subdivisions and consent procedures and requirements (i.e. determining and allocating servicing requirements and costs);
  • requirements for complete applications for Official Plan or zoning amendments;
  • site plan control and urban design standards; and
  • engineering standards (i.e. stormwater management)

 Schedules

 Appendix