Shoreline Vegetative Buffers, Lake Capacity & Township Recognition of Lake Plans
3.6.1 The Official Plan - Township of South Algonquin Official Plan (2023 Pending Approval) contains a variety of policies that help dictate development throughout the Township. Several of the policies are focused on waterfront development and are applicable to McKenzie Lake. Policies 5.3.11 and 5.3.12 are focused on shoreline vegetative buffers:
“5.3.5 No development will be permitted which would result in a waterbody being developed to a point of being over capacity as identified by the Province or Council. When reviewing development proposals, Council shall consider:
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the biological capacity of the lake in terms of the number of cottages, dwellings or tourist units that can be accommodated on a water body while maintaining sufficient levels of fish habitat, water clarity and water quality; and
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the recreational capacity of the lake in terms of maintaining a reasonable level of enjoyment on the surface of the lake for persons presently using the lake for recreational purposes.
5.3.6 New lot creation is not permitted on “at capacity” lake trout lakes. However, Council may consider the creation of new lots in certain circumstances where it can be proven to the satisfaction of council, in consultation with the Province, through detailed environmental studies; that development shall result in no negative impact on the lake. The Province shall be consulted in situations where one or more of the following conditions exist:
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the severance is to separate existing habitable dwellings, each of which has a separate septic system, provided the land use would not change; or
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all new septic system tile fields are located such that they would drain into a drainage basin which is not at capacity; or
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all new tile fields are set back at least 300 meters from the shoreline of the lake or permanently flowing tributary to the lake; or
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the effluent pathway from a tile field would flow in a manner for a distance of at least 300 meters to the lake. This must be supported by a report prepared by a qualified professional that is a licensed member of the Professional Engineers of Ontario who is qualified to practice geoscience; or
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where a site-specific soils investigation prepared by a qualified professional demonstrates that phosphorus can be retained in deep, native, acidic soils on-site, to satisfaction of the Province
5.3.7 Lake trout lakes classified by the Province as “not at capacity” can sustain additional development subject to the following criteria:
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development, including the septic system tile bed, must be set back a minimum of 30 metres from the high water of the lake with non-disturbance of the native soils and vegetation;
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modeling of the lake to determine whether it can accommodate additional development;
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stormwater management via infiltration galleries, redirection of surface water runoffn away from the lake;
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large development proposals (i.e., greater than five lots or resort/condominium developments) must be supported with a study by a qualified consultant. This study is an impact assessment of a proposed development on a water body to ensure water quality protection. The study should take into consideration the existing water quality of the water body, surface water run-off, impact and loadings of phosphorous from septic systems, type of soils, stormwater management and nature of vegetation.
The classification of lakes in the Official Plan is subject to change and may change in the future based on factors such as an assessment of new water quality data and/or changes in water quality standards. Therefore, the possibility exists that a lake trout lake that is classified in the Official Plan as “not at capacity” or “at capacity” at a certain point in time may change during the life of the Official Plan. Any changes to the classification of lakes will require an Official Plan Amendment.
5.3.10 Should development be proposed which may bring a lake near the estimated biological or recreational capacity, Council shall only consider such a proposal after the developer has submitted an impact report prepared by a qualified professional, retained by the Township at the cost to the developer, that provides evidence to the satisfaction of Council that the development will not adversely affect the recreational and biological lake quality and meets the requirements of any lake capacity study endorsed by Council as a relevant basis for planning and development.
5.3.11 To maintain an appropriate balance between a natural shoreline and built form, shoreline activity should be focused within a defined area of the shoreline frontage of the lot and minimized in extent.
5.3.12 The Township recognizes that there are numerous existing waterfront dwellings and accessory structures which do not comply with the zone provisions set out under the existing Zoning By-law. Such buildings and structures are recognized as being non- complying as they relate to current performance standards (e.g., water setbacks, lot coverage, yard setbacks, shoreline area occupancy, etc.). Some structures are also legal non-conforming as they relate to current permitted uses (e.g. Environmental Protection (EP) zone). The Township anticipates that many landowners will seek to repair, renovate, reconstruct, and/or enlarge these existing structures over time. To guide such activities the Township has established the following Waterfront Development Policies to be consulted prior to the submission of any Planning Act application involving Waterfront development.
5.3.13 This Plan is committed to the establishment of a “30 metre setback” from water and the “15 metre vegetated buffer” along shorelines as the key planning tools to minimize negative development impacts on waterfronts. Commonly referred to as a “ribbon of life”, this 30 m setback area is intended to be a strip of unaltered, naturalized land abutting the shoreline, with provisions for a modest shoreline access path through this area. Within the 30 m setback, the first 15 m abutting the shoreline is to be a natural, vegetative buffer of land. The 30 m setback and 15 m vegetative buffer are intended to help achieve the Official Plan’s broader Waterfront Development and Environmental policies. It is understood that on numerous waterbodies, the shore road allowance constitutes a portion of the 30 m setback.
5.3.14 Generally, this Plan strives to limit expanded development within the 30 m setback and 15 metre buffer areas, particularly where other preferred development options may exist on the property. Expansions of development within the 30 m setback will require the approval of the Committee of Adjustment.
5.4 Preservation of Vegetation
5.4.1 The maintenance of shoreline vegetation is beneficial to:
a) protect the riparian and littoral zones and associated habitat;
b) prevent erosion, siltation, and nutrient migration;
c) maintain shoreline character and appearance; and
d) provide fish habitat.
5.4.2 Clearing of natural vegetation along the shoreline should be restricted to that needed for access, recreational use, limited view of the water and safety of residents. The shoreline frontage of the lot should be maintained in natural shoreline vegetation, including trees, in the water and upland along the water’s edge. The extent of removal in the shoreline areas will be considered within the following parameters:
a) A maximum of 30% of the shoreline frontage or up to 15 metres, whichever is the lesser, for shoreline/linear residential development;
b) A maximum of 30% of the shoreline frontage or up to 30 metres, whichever is the lesser, for commercial development or waterfront landings;
c) A maximum of 50% of the shoreline frontage or up to 45 metres, whichever is lesser, for marinas.
5.4.3 Projects involving development within the Waterfront Communities area shall incorporate measures to achieve a 30 m setback and 15 m vegetative buffer.
5.4.4 New development and the expansion or redevelopment of existing development in the Waterfront area shall be sensitive to the preservation of tree cover and native vegetation so as to prevent erosion, siltation, and possible nutrient migration, as well as to maintain the complex ecological functions of the shoreline and littoral zone environment. Development shall be setback a minimum of 30 metres (98 feet) from the high-water mark. Site alteration and disturbance of vegetation within 30 metres (98 feet) of the shoreline shall be limited to low-impact small scale structures identified in the zoning by-law, minor alterations to accommodate access trails, water pumping equipment, or restoration work and limited limbing of mature trees for health and safety reasons.
5.4.5 As a condition of development or redevelopment, the restoration of the natural vegetation and shoreline characteristics may be required. In these instances, undisturbed shorelines of the waterbody in question may be referenced as an example of how to restore and rehabilitate a disturbed shoreline.
5.4.6 The Zoning By-law implementing this Official Plan will include regulations that will limit lot coverage within 30 metres (98 feet) shoreline setback, require the vast majority of the shoreline area be maintained in a natural vegetative state, and prevent further encroachment into this area. The Zoning By-law will also provide an allowance for a limited amount of the 30 m setback area (i.e., 30% to a maximum of 15 m wide) to be cleared and/or occupied for access to the water, for walkways, and for permitted shoreline structures such as a boat ramp, boat house, and deck.
5.5 Net Environmental Gain
5.5.1 Waterfront development and redevelopment shall be required to demonstrate a net environmental gain in regard to increased setbacks, drainage design, new septic system, increased buffers, vegetation, and habitat.
5.5.2 Proponents for the development of vacant waterfront properties or developed properties which demonstrate a high level of environmental stewardship of the waterfront and natural environment, will be expected to demonstrate no net environmental loss for new development, other than the necessary disruption of the building/development envelop. Where the phrase “net environmental gain” is used throughout this Plan, it will be implied to reference “no appreciable net environmental loss” for properties which demonstrate a high level of environmental stewardship.
5.5.3 Proponents of waterfront development or redevelopment are encouraged to reference the “Municipal Site Evaluation Guidelines in Eastern Ontario” as a tool to help ensure that any of the development would reflect and address the variable constraints posed by site specific conditions (i.e., slope height, slope angle, soil depth and type, as well as vegetative cover).
- Municipal Site Evaluation Guidelines are recognized as a valuable tool in managing the long-term health and integrity of the township's lakes and lake communities. These guidelines are intended to protect, improve, and restore water quality in the respective watersheds, consistent with the PPS and local Official Plan policies.
- Site Evaluation Guidelines will be supported as a tool to identify site specific constraints and ensure that new development is conducted in a manner that reflects variable constraints imposed by site specific conditions.
5.10 Lake Plans
5.10.1 Council supports in principle the preparation of Lake Plans that assess issues such as recreational carrying capacity, shoreline development, lake level management, fisheries, vegetation retention and health, shoreline erosion, cottage conversion and septic system maintenance and inspection, and other issues important to lake communities. Lake Plans may be used as a tool to establish and improve good land stewardship practices amongst those who share a lake community and to articulate lake-specific principles and goals outlined in this Plan. Such Plans are also encouraged to establish monitoring programs and/or remediation programs to be primarily implemented by local residents and stakeholders, such as provincial government ministries.
5.10.2 This Official Plan will continue to be the primary land use document to guide land use in the Township. Specific lake plans may be implemented as amendments to this Plan.
5.10.3 Any or all of the following components may be identified and addressed in a specific lake plan:
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location in relation to the watershed;
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drainage basin and related watercourses;
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size and shape of the lake;
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distinct areas or neighbourhoods on larger lakes;
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number and location of islands and narrow water bodies;
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topography, landscape, shoreline features and hazards;
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shoreline constraints and influences;
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natural heritage and habitat;
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allocation of water quality capacity;
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cultural heritage, built heritage, and historic development;
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existing land uses;
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access;
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open space, recreation areas and trails;
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natural areas and landscape features to be preserved;
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definition of character to be preserved; and,
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specific policies and standards for development.
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