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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 94- 40
being a By-law to adopt Amendment Number 57 to the Official Plan of the former Town
of Newcastle
WHEREAS Section 17(6) of the Planning Act. R.S.O. 1990 as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or the repeal of Official Plan
Amendments thereto.
WH EREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Official Plan of the former Town of Newcastle to incorporate
strategic policy direction for the future of Clarington's waterfront. The policies address
a number of issues related to the waterfront, in particular, public access, the protection
of natural and cultural heritage values, active and passive recreational opportunities and
the Waterfront Trail and Greenway.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment Number 57 to the Official Plan of the former Town of Newcastle
being the attached Explanatory Text is hereby adopted.
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed
to make application to the Minister of Municipal, Affairs for approval of the
aforementioned Amendment Number 57 to the Official Plan of the former
Municipality of Clarington.
3. This by-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this 28th day of March
BY-LAW read a second time this 28th day of March
BY-LAW read a third time and finally passed this 28th day of
March
1994.
1994.
1994.
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6iJ4 ~YOR
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/ /C . .' Q'lAUdLERK
This amendment was adopted by the Council of the Corporation of the
Municipality of Clarington by By-law No. 94-40 in accordance with
the provisions of Sections 17 and 21 of the Planning Act, 5.0.
1983, as amended, on the 28th day of March 1994.
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MAYOR
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f,LE
CORPORATE
SEAL OF
MUNICIPALITY
AMENDMENT NO. 57 TO THE OFFICIAL PLAN OF THE
FORMER TOWN OF NEWCASTLE
PURPOSE: The Municipality of Clarington Waterfront Study is an integral component
of the Municipality's Official Plan Review. The Waterfront Study was
initiated to provide a long term plan for the enhancement and preservation
of the Lake Ontario WaterfrC?nt in Clarington.
The purpose of this Amendment is to incorporate policies of a strategic
nature for the Waterfront into the Official Plan of the former Town of
Newcastle. More detailed policies for the Waterfront, including land use
designations, will be provided through Council's adoption of a new Official
Plan for the Municipality of Clarington.
LOCATION: The lands subject to this Amendment are located on the north shore of
Lake Ontario south of Provincial Highway 401, between the municipal
boundaries with the City of Oshawa and the Township of Hope.
BASIS:
The Royal Commission on the Future of the Toronto Waterfront, and more
recently the Waterfront Regeneration Trust, articulated nine principles for
the development of the Lake Ontario Waterfront, specifically that the
waterfront should be 'clean, green, connected, open, accessible, useable,
diverse,affordable and attractive'. The 'Recommended Land Use Strategy'
Report, prepared as part of the Waterfront Study, presented a long-term
strategic plan for the Lake Ontario Waterfront which was consistent with
these nine principles.
ACTUAL
AMENDMENT: The Official Plan of the former Town of Newcastle is hereby amended
as follows:
1. By adding a new Section 2.3 as follows:
112.3
WATERFRONT
2.3.1
GOALS
2.3.1.1
To protect, manage and enhance the Lake Ontario Waterfront was a vital
public resource for the benefit of current and future residents of the
Municipality and the Region.
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2.3.1.2
2.3.2
2.3.2.1
2.3.2.2
2.3.2.3
2.3.3
2.3.3.1
2.3.3.2
2.3.3.3
To ensure that the Waterfront is clean, green ,connected, open, accessible,
useable, diverse, affordable, and attractive.
OBJECTIVES
To establish a Greenway along the Waterfront of Lake Ontario.
To establish a walking and cycling trail within the Waterfront Greenway to
facilitate public access to and travel along the Waterfront.
To minimize property damage and hazards to residents due to erosion,
flooding and wave action.
POLICIES
The Waterfront Greenway shall be comprised of a system of parks and
green spaces linked by open space corridors. The Waterfront Greenway
shall, wherever possible, be directly adjacent to the Lake Ontario Shoreline.
It shall have a minimum width of 30 metres, or shall include the Lake
Ontario Shoreline Flooding and Erosion Setback, as defined by the
relevant Conservation Authority plus 1 0 metres, whichever is greater.
It is Council's policy to provide for the protection and enhancement of
significant cultural heritage features and environmentally sensitive lands
along the Waterfront, including but not limited to archeological sites,
buildings of architectural or historical significance, wetlands, unstable
slopes, areas of sediment erosion and accretion, Areas of Natural and
Scientific Interest, and fisheries and wildlife habitat. The predominant use
of land within the Waterfront Greenway shall include passive and active
recreation uses, compatible tourism uses, conversation and agricultural
uses.
Any new development along the Waterfront must ensure preservation of
the waterfront for the public, protect natural features and their ecological
functions, protect cultural heritage features, and ensure land use
compatibility. New development within the Waterfront Greenway shall also
facilitate physical and visual access to the waterfront for all members of the
public, including the physically challenged.
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2.3.3.4
2.3.3.5
2.3.3.6
2.3.3.7
2.3.3.8
2.3.3.9
It is Council's intent to establish a continuous Waterfront Trail for walking
and cycling purposes generally within the Waterfront Greenway. The
Waterfront Trail shall connect, wherever possible, to other trails, corridors
and natural areas within the Municipality and adjacent municipalities. The
Waterfront Trail shall be appropriately located and constructed so. as to
avoid adverse impacts to environmentally sensitive lands, and to avoid
erosion-sensitive bluff areas or other natural hazard areas. Appropriate
buffering between the trail and adjacent non-compatible land uses shall be
provided.
It is the policy of Council to promote Darlington Provincial Park, Port
Darlington and the Port of Newcastle as tourism nodes which may include
commercial uses which support or complement recreational uses on the
waterfront. The nodes shall be developed in accordance with the following
principles:
. integration with the Waterfront Greenway and trail system
. provision of physical and visual access to the waterfront
. protection of natural features and environmentally significant areas
. compatibility with existing and future residential areas
Council supports the establishment of a new Conservation Area at the
mouth of the Wilmot Creek and will investigate its feasibility in co-operation
with the conservation authority and relevant provincial agencies.
The creation of additional waterfront land through lakefilling, or the
placement of permanent structures in Lake Ontario, shall be generally
discouraged. However, erosion control works with limited lakefilling or
projects that would provide tourism benefits may be considered subject to
appropriate studies satisfactory to relevant Federal and Provincial agencies.
New development and the creation of new lots for any purpose other than
public recreation uses shall be prohibited on all lands within the Lake
Ontario Shoreline Flooding and Erosion Setback Zone as defined by the
relevant Conservation Authority.
Existing residential uses within the defined Lake Ontario Shoreline Flooding
and Erosion Setback Zone shall be allowed to continue subject to the
following conditions:
a) no expansion or enlargement of the existing foundation footprint,
including accessory structures;
b) no conversion of any existing seasonal dwelling into a year round
dwelling;
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2.3.4
2.3.4.1
2.3.4.2
2.3.4.3
2.3.4.4
2.3.4.5
c} once a dwelling is destroyed or demolished by whatever reason and
reconstruction is not commenced with twelve months, the existing
residential use is deemed to cease.
IMPLEMENTATION
Council shall endeavour to implement the Waterfront Trail and Greenway
in phases having regard to development opportunities' and the financial
capability of the Municipality.
Council shall adopted a public land acquisition program for the Waterfront,
establish priorities for acquisition and investigate sources of funding,
including the possibility of including the cost in the Municipality's Ten Year
Capital Works Program for development charge purposes.
In the comprehensive review of the Municipality's Official Plan, land use
policies shall be adopted to address future land use designations of:
a} Port Granby Waste Management Facility
b} Bond Head
c} Wilmot Creek Retirement Community
d} Port Darlington Area
e} Cove Road and Cedarcrest Beach Residential Areas
f} St. Marys Cement
g} Darlington Nuclear Generating Station
Council shall review m\3asures for the long-term protection of individual'
features of natural heritage significance on private lands within the
Waterfront Greenway that may be threatened or damaged by development
activities.
Proposals to create or reclaim additional waterfront land or other
permanent structures through lakefilling must demonstrate, through
appropriate studies satisfactory to the Municipality and relevant federal and
provincial agencies, that such activity will contribute to the healthy
functioning of coastal and biological processes, and provide public benefits
including:
a} improvements to water quality;
b} the creation, maintenance or enhancement of aquatic and terrestrial
habitat;
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. .
c) minimal disruption to normal coastal processes;
d) opportunities for additional public open space or year round water-
related recreation;
e) public and private works that achieve other public benefits for the
residents of Clarington.
INTERPRETATION:
The provisions set forth in the Official Plan of the former Town of
Newcastle, as amended, regarding the interpretation of the Plan, shall
apply in regard to this Amendment.
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