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HomeMy WebLinkAbout2006-167 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 -167 being a By-law to amend By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement applications COPA 2005-004 and ZBA 2005-012; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 25.4 " SPECIAL EXCEPTIONS - EXTRACTIVE INDUSTRIAL (M3) ZONE is hereby amended by introducing a new Subsection 25.4.4 as follows: "25.4.4 EXTRACTIVE INDUSTRIAL EXCEPTION (M3-4) ZONE a) Notwithstanding Section 25.1 b), the importation and stockpiling of limestone for the purpose of resale and blending with material extracted on-site is permitted as an accessory use, provided that no more than 50,000 tonnes is imported annually and further provided that the owner has filed a report with the Municipality demonstrating that a minimum of 100,000 tonnes of aggregate was extracted from the pit in the previous calendar year. b) Notwithstanding 25.2, the following additional yard requirements shall apply: i) the northerly interior side yard shall be a minimum of 15 metres, except where adjacent to an Environmental Protection (EP) Zone, in which case the northerly interior side yard shall be a minimum of 30 metres and shall contain a naturalization area; ii) any aggregate processing plant, including crushing and other processing equipment, shall be located a minimum of 7.5 metres below natural grade and no closer to any residence than the following: a) 300 metres, where the equipment is located up to 22.5 metres below natural grade; b) 400 metres, where the equipment is located between 15 m and 22.5 m below natural grade; c) 500 metres, where the equipment is located 7.5 metres below natural grade; iii) A maximum disturbed area of 45 ha is permitted, c) For the purpose of Section 25.4.4, the following definitions shall apply: Disturbed Area Shall mean the area of the licensed pit which is used for aggregate operations including the extraction, processing and stockpiling of aggregates and which has not completed final rehabilitation. "Disturbed Area" shall not include the areas subject to the Oak Ridges Moraine Pilot Project as defined on a drawing. entitled "Progressive and Final Rehabilitation Plan" prepared by Skelton Brumwell dated July 19, 2006. Natural Grade Shall mean the elevations depicted on a drawing entitled "Existing Features and Cross Sections" prepared by Skelton Brumwell dated July 19, 2006 with the exception of the Existing Licensed Pit, in which case "natural grade" shall mean the average of the nearest spot elevation on the east and west sides of the existing licensed area. Naturalization Area Shall mean an area designed and managed to restore and enhance self- sustaining vegetative cover induding trees to provide for connectivity with natural heritage features and enabling the movement of wildlife and the disbursement of native plant species. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Extractive Industrial Exception ((H) M3-4) Zone" and "Environmental Protection (EP) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 24.2 of the Planning Act. BY-LAW read a first time this 31st day of August 2006 BY-LAW read a second time this 31st day of August 2006 BY-LAW read a third time and finally passed this 31st day of August2006 /~~'\ ( ~J!~ k7 ".:- - John Mutton,- Mayor~~ . - - ~~f~-'r~ .. I "- //f . _ ^'--_/! '-. C. .A:r\ne ee ree, Jeputy Clerk This is Schedule "A" to By-law 2006- 167 passed this 31st day of August , 2006 A.D. , ~ tLZZZl - /(/~ ill--= - John Mutton, Moyor -----TT----- II II II II II II \I \I \I \I \I \I \I \I I II \I \I \I \I \I \I \I I \I \I \I \I \I I \I " <5 '" ~ OJ VI " z g REGIONA ROAD 20 \I \I \I \I \I \I \I \I \I -' II Ii;' : : j' Darlington Zoning Change From nM3" To "M3-4" Zoning Change From "A" To "(H)M3-4" Zoning Change From "A" To "EP" ,- - Ji~;Xl;-;/ i-.' c z.:r -.<6f/;:::- :-~ , - .' V" -- , . -- -. -._< - -.- c. Ann~:Greentr~e,-Denuty erk ~ DURHA~ REGIONAL ROAD 20 \I \I \I \I \I \I \I \I CONCE SloNI ROAD 10 \I \I \I \I \I I