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Niagara Escarpment Planning and Development Act
Loi sur la planification et l’aménagement de l’escarpement du Niagara

R.R.O. 1990, REGULATION 828

DEVELOPMENT WITHIN THE DEVELOPMENT CONTROL AREA

Historical version for the period February 3, 1999 to December 17, 2012.

Last amendment: O. Reg. 48/99.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

“dwelling” means a building or part thereof, designed for use by one household and which has for the exclusive use of the household,

(a) one or more habitable rooms,

(b) separate kitchen facilities,

(c) separate sanitary facilities, and

(d) a private entrance from outside the building or from a common area within the building,

but does not include a mobile home;

“front yard” means a yard extending across the full width of a lot on which a building or structure is situate, and extending from the front lot line to the part of the building or structure that is nearest to the front lot line;

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

“good forestry practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape;

“group home” means a residence that is licensed or funded by a public agency for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, need a group living arrangement for their well being;

“household” means one or more persons living as a single housekeeping unit in one dwelling or in a group home;

“lot” means a parcel of land,

(a) described in a deed or other document legally capable of conveying an interest in land, or

(b) shown as a lot or block on a registered plan of subdivision;

“lot area” means the horizontal area within the boundary lines of a lot;

“mobile home” means a vehicle that is,

(a) designed to be pulled or propelled by a motor vehicle, and

(b) used for human habitation;

“rear yard” means a yard extended across the full width of a lot upon which a building or structure is situate and from the rear lot line to the part of the building or structure that is nearest to the rear lot line;

“road” means a highway that is,

(a) under the jurisdiction of the Province of Ontario or a municipality, or

(b) a road within a registered plan of subdivision;

“seasonal” means operated for six months or less in a calendar year;

“side yard” means a yard extending from the front yard to the rear yard of a lot upon which a building or structure is situate and from the side lot line to the part of the building or structure that is nearest to the side lot line;

“single dwelling” means a separate building containing only one dwelling;

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

“structure” does not include a fence that has a maximum height of 2.4 metres (8 feet) or is permitted in a municipal by-law governing the erection of fencing;

“tree” means a woody plant that,

(a) has reached a height of 4.5 metres or belongs to a species that has an average height of at least 4.5 metres at physiological maturity, and

(b) has a stem diameter of more than 10.2 centimetres when measured from the outside bark at a point 1.3 metres above the ground;

“yard” means the area on a lot unoccupied by a building or structure. R.R.O. 1990, Reg. 828, s. 1; O. Reg. 658/92, s. 1; O. Reg. 190/93, s. 1; O. Reg. 48/99, s. 1 (1-4).

(2) In this Regulation,

(a) a lot that abuts on a road or a body of water is considered to have a front lot line on each lot line that abuts on the road or the water; and

(b) a corner lot is considered to have two front lot lines.

(3) For the purposes of this Regulation, something is accessory to another thing if it is normally incidental or subordinate to the other thing, but a dwelling or other structure that is used for human habitation shall be deemed not to be accessory to anything. O.Reg. 48/99, s. 1 (5).

2. This Regulation applies to the areas of land within the Niagara Escarpment Planning Area that is designated under Regulation 826 of the Revised Regulations of Ontario, 1990 (Designation of Area of Development Control) made under the Act as an area of development control. R.R.O. 1990, Reg. 828, s. 2.

3. Zoning by-laws and the Minister’s orders made under section 47 of the Planning Act have no effect in the area of development control designated under Regulation 826 of the Revised Regulations of Ontario, 1990 (Designation of Area of Development Control) made under the Act. O. Reg. 48/99, s. 2.

4. An application for a development permit shall be on a form provided by the Commission. O. Reg. 48/99, s. 2.

5. The following classes of development, if listed as permitted uses under the land use policies established in the Niagara Escarpment Plan and not in conflict with a development permit issued under the Act, are exempt from the requirement of obtaining a development permit:

1. The maintenance or repair of land, buildings or structures damaged, without any human intervention, by fire, lightning, unusually severe weather, storms, floods or other natural causes.

2. The reconstruction of land, buildings or structures damaged or destroyed, without any human intervention, by fire, lightning, unusually severe weather, storms, floods or other natural causes, if the reconstruction,

i. is on the same site where the damage or destruction occurred,

ii. does not change the use on the site,

iii. in the case of a building or structure, results in a building or structure that occupies an area that is not more than that occupied by the original or is of a height that is no greater than that of the original, and

iv. is started within two years after the damage or destruction occurred.

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

4. The maintenance, repair, reconstruction or improvement of the interior of a building or structure that does not change the use of the building or structure.

4.1 The maintenance or repair of the exterior of a building or structure that does not change the use of the building or structure.

4.2 The maintenance, repair, construction or improvement of a building or structure for fire safety and fire exits and barrier free access.

4.3 The maintenance or renewal of highways or municipal roads and the repair and cleaning of drainage ditches and swales along highways and municipal roads.

5. The construction, erection, installation, maintenance or renewal, as the case may be, of lanes, sidewalks, curbs, gutters, street signs and street lights on municipal roads.

6. The maintenance or renewal of sewers, mains, pipes, cables or other apparatus connected with public utilities, including the breaking open of any street or other land for that purpose.

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

8. The following classes of development for the purposes of general agricultural development:

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

ii. The digging or drilling of a well.

iii. The installation of a farm tile drain.

iv. The installation or operation of a water irrigation system.

v. The repair, maintenance and cleaning of farm drains.

9. The construction of a building, structure or facility accessory to general agricultural development, other than a dwelling or pond if, on completion of the development, all the following conditions are met:

i. The area of the lot on which the construction occurred is at least 20 hectares.

ii. The side yard depth of the lot on which the construction occurred is at least 15 metres.

iii. The rear yard depth of the lot on which the construction occurred is at least 15 metres.

iv. The building, structure or facility is at least 90 metres from the centre line of an abutting open public road.

10. A dug farm pond accessory to general agricultural development if, on completion of the development, all the following conditions are met:

i. The pond is not located within the Escarpment Natural Area of the Niagara Escarpment Plan.

ii. The pond does not need construction of a dam or berm and is not located on a stream or watercourse.

iii. The surface area of the pond is located at least 30 metres from the nearest lot line and from any septic system or well.

iv. The surface area of the pond is not greater than 150 square metres.

v. The area of the lot is at least 20 hectares.

vi. The dredged material is used for landscaping immediately around the pond site and rehabilitated with vegetation.

11. The installation of a portable, seasonal farm produce stand or market structure accessory to general agricultural development, other than a food service vehicle, if, on completion of the installation, all the following conditions are met:

i. The total surface area covered by the stand or structure does not exceed 28 square metres.

ii. The setback of the stand or structure from the front lot line is at least 7.5 metres.

iii. The items for sale at the stand or structure are limited to produce grown by or products made from produce grown by the owner or operator of the lot on which the stand or structure is situated.

iv. The stand or structure is removed during the portion of the season when it is not in operation.

11.1 The extension of a single dwelling if, on completion of the extension, all the following conditions are met:

i. The side yard depth of the lot on which the extension occurred is at least 4.5 metres.

ii. The rear yard depth of the lot on which the extension occurred is at least 7.5 metres.

iii. The front yard depth of the lot on which the extension occurred is at least 15 metres.

iv. The height of the extension does not exceed the height of the original dwelling.

v. The total surface area occupied by the extension does not exceed 93 square metres.

11.2 A change to the height or pitch of a roof of a single dwelling for the purpose of maintenance, repair or renewal, if all the following conditions are met:

i. The total floor area of the dwelling is not increased.

ii. The height of the dwelling is not increased by more than 2.5 metres.

iii. The height of the dwelling after the change does not exceed 7.5 metres.

11.3 The construction or extension of buildings or structures accessory to single dwellings, if all the following conditions are met on the completion of the construction or extension:

i. No accessory building or structure or any part thereof lies between the front lot line and the wall of the dwelling nearest to it, unless the accessory building or structure has a front yard setback of at least 30 metres.

ii. No accessory building or structure or any part thereof is less than one metre from any side or rear lot line.

iii. The total area covered by all accessory buildings and structures does not exceed 5 per cent of the lot area, or 56 square metres, whichever is the lesser.

iv. No accessory building or structure exceeds a height of 4.5 metres.

12. The planting and cultivation of trees or nursery stock.

13. Subject to any municipal by-law that regulates the cutting of trees, the cutting or other destruction, removal or pruning of trees on a lot that is not greater than 0.8 hectares in area.

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

13.2 The cutting or other destruction, removal or pruning of more than 10 per cent of the trees within a 10-year period on a lot that is greater than 0.8 hectares in area, if,

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

ii. the trees are cut, destroyed, removed or pruned in accordance with a forest management plan, including tree cutting prescriptions, recommended by the Ministry of Natural Resources, a conservation authority or a qualified forestry professional that,

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

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

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

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

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

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

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

iii. the trees are cut, destroyed, removed or pruned as part of the normal operation of a Christmas tree farm, nursery or orchard,

iv. the trees are cut, destroyed, removed or pruned because the trees constitute a safety hazard,

v. the trees are cut, destroyed, removed or pruned because the trees are dead or diseased, or have been damaged by natural causes and not by human intervention,

vi. the trees are cut, destroyed, removed or pruned for personal use by the owner of the lot on which the trees to be cut, destroyed, removed or pruned are situated, if,

A. the owner or the owner’s agent cuts the trees, and

B. no sale occurs of the trees or any wood products created from the cutting, destruction, removal or pruning of the trees,

vii. the trees are cut, destroyed, removed or pruned for the maintenance of oil and gas pipelines, distribution lines and corridors,

viii. the trees are cut, destroyed, removed or pruned for the maintenance of electric power distribution lines and corridors,

ix. the trees are cut, destroyed, removed or pruned for the connection, repair and maintenance of public utilities to approved buildings and structures, or

x. the trees are cut, destroyed, removed or pruned for the maintenance of open public roads and immediately adjacent road allowances.

14. The maintenance, repair or replacement of a septic tank system.

15. The digging or drilling of a well or the installation of a cistern for the purpose of supplying potable water for a single dwelling.

16. The construction of an outdoor swimming pool, spa or hot tub accessory to a single dwelling, including an associated deck, pump, filter or heater, if all the following conditions are met on the completion of the development:

i. The water area of the swimming pool, spa or hot tub is at least 2.7 metres from the nearest lot line.

ii. Any associated pump, filter or heater is at least one metre from the nearest lot line.

iii. The maximum water area is 93 square metres in the case of a swimming pool and 13 square metres in the case of a spa or hot tub.

iv. Municipal swimming pool, spa or hot tub fencing and safety requirements are met.

17. The maintenance of lands, buildings and structures under the jurisdiction of a conservation authority, the establishment of trails and the erection of signs for the purposes of property identification or interpretative or recreational information on lands owned by a conservation authority.

18. Electric power distribution lines, operating at a nominal voltage not exceeding fifty kilovolts, and,

i. buried underground, or

ii. carried on wooden poles not exceeding a height of 18.9 metres,

where such distribution lines are,

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

iv. located on easements for such distribution lines contained in a registered plan of subdivision.

19. The production of aggregate from land that was licensed for a pit or quarry on June 10, 1975 under the Pits and Quarries Control Act, 1971 and that has been licensed for a pit or quarry continuously since that date under the Aggregate Resources Act or a predecessor of the Aggregate Resources Act, including the removal and stockpiling of overburden, the construction of berms and the blasting, excavation, crushing, washing, stockpiling and hauling of aggregate from the licensed site, but not including,

i. dewatering, the taking of water or the discharge of water or sewage, unless the dewatering, taking or discharge was authorized under a permit or approval obtained under the Ontario Water Resources Act before Ontario Regulation 469/96 came into force,

ii. the construction of a building, structure or facility, other than a berm,

iii. any activity related to the production of aggregate that was excavated elsewhere, or

iv. any activity related to an asphalt or concrete batch plant or a brick or cement block manufacturing plant.

20. The demolition of all or part of a dwelling, a building or structure accessory to a dwelling or a building or structure accessory to general agricultural development, if all the following conditions are met:

i. The dwelling, building or structure or the part to be demolished has a total floor space not exceeding 93 square metres.

ii. The dwelling, building or structure or the part to be demolished,

A. is not designated under the Ontario Heritage Act as being of historic or architectural value or interest,

B. is not intended to be designated under the Ontario Heritage Act as being of historic or architectural value or interest, according to a notice of intention to designate published under that Act, and

C. is not otherwise recognized under any Act or any municipal by-law as being historically or architecturally significant.

iii. The site on which the demolition occurs is levelled and covered with topsoil of sufficient depth to support the growth of vegetation.

iv. Any waste material resulting from the demolition is reused on the site or removed and disposed of at a waste disposal site approved to receive that kind of waste under the Environmental Protection Act or the Environmental Assessment Act.

21. The construction of a patio, porch, deck or verandah as an extension to a single dwelling if, on the completion of the construction, all the following conditions are met:

i. The total surface area covered by the patio, deck, porch or verandah does not exceed 56 square metres.

ii. The side yard depth of the lot on which the construction occurred is at least one metre.

iii. The rear yard depth of the lot on which the construction occurred is at least 7.5 metres.

iv. The front yard depth of the lot on which the construction occurred is at least 15 metres.

22. The repair or replacement of an existing underground fuel storage tank.

23. The construction or installation for a single dwelling of an air conditioner, heat pump, chimney, flag pole or television or radio receiving antenna that is located at least one metre from the nearest lot line. However, the installation of a satellite dish is not exempted under this paragraph.

24. The excavation of land, including the boring of holes, for one of the following temporary purposes:

i. Testing for aggregate in the Escarpment Rural Area of the Niagara Escarpment Plan.

ii. Soil testing.

iii. Test drilling for the supply of water.

iv. Archaeological exploration, survey or field work carried out in accordance with the Ontario Heritage Act or a federal statute.

25. The construction or installation for a single dwelling of a satellite dish that is not more than one metre in diameter and that is located at least one metre from the nearest lot line.

26. The construction or installation of a satellite dish more than one metre in diameter for a single dwelling if, on the completion of the construction or installation, all the following conditions are met:

i. The area of the lot on which the single dwelling is situated is at least 0.4 hectares.

ii. Only one satellite dish is located on the lot.

iii. The satellite dish is not located in the front yard.

iv. The height of the satellite dish above the ground, including the pole, does not exceed 4.5 metres.

v. The side yard depth measured from the closest point of the satellite dish to the side lot line is at least 4.5 metres.

vi. The rear yard depth measured from the closest point of the satellite dish to the rear lot line is at least 4.5 metres.

27. The construction or installation of a portable storage compound, works yard or trailer used in or incidental to the construction of federal, provincial or municipal public works if the compound, yard or trailer does not house an asphalt plant or facility and is not used as a dwelling. The compound, yard or trailer must be removed within one year after its construction or installation or when the public works is completed, whichever is earlier.

28. The construction or installation of a portable tool shed, scaffold, trailer or other building or structure used in or incidental to approved development if the shed, scaffold, trailer or other building or structure is not used as a dwelling and is located on the same lot as the approved development. The shed, scaffold, trailer, building or structure must be removed within one year after its construction or installation or when the development is completed, whichever is earlier.

29. Small scale recycling depots for paper, glass, plastic, wood, metal or cardboard established by a municipality to serve the local community if the area of the depot does not exceed 74 square metres.

30. The maintenance of land, buildings and structures for the Bruce Trail by the Bruce Trail Association and the establishment of the Bruce Trail by the Bruce Trail Association on land owned or managed by agreement with the Bruce Trail Association.

31. The repair or maintenance of an existing dug pond, if all the following conditions are met:

i. The pond is not located within the Escarpment Natural Area of the Niagara Escarpment Plan.

ii. The original surface area and depth is not increased.

iii. The pond does not require the construction or reconstruction of a dam or berm and is not located on a stream or watercourse.

iv. The dredged material is used for landscaping immediately around the pond site and rehabilitated with vegetation.

32. The construction of an outdoor tennis court and associated fencing accessory to a single dwelling, if all the following conditions are met on the completion of the development:

i. The surface area of the tennis court is at least 10 metres from the nearest lot line.

ii. The maximum surface area of the tennis court is 650 square metres.

iii. Municipal fencing and lighting requirements are met.

33. The construction or removal of school classroom portables accessory to an existing educational facility on property owned by a school board, college or university.

34. The erection or removal of a temporary special event tent, if all the following conditions are met:

i. The tent is situated on a lot for not more than 30 days.

ii. The tent does not require servicing facilities or the construction of a permanent foundation.

iii. The tent does not result in a change in use of the land upon which it is situated.

35. The installation, construction or repair of the following signs and structures:

i. Traffic, caution, directional and emergency street number signs erected by or on behalf of any government agency.

ii. Election signs.

iii. No trespassing or warning signs.

iv. Temporary public information signs erected by or on behalf of any government agency.

v. Temporary real estate signs that do not exceed one square metre in area.

vi. Mail boxes. R.R.O. 1990, Reg. 828, s. 5; O. Reg. 658/92, s. 2; O. Reg. 469/96, s. 1; O. Reg. 48/99, s. 3.

SCHEDULE 1 Revoked: O. Reg. 48/99, s. 4.

FORM 1 Revoked: O. Reg. 48/99, s. 5.