HomeMy WebLinkAbout97-226 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 97- 226
being a By-law to adopt Amendment Number 3 to the Clarington Official Plan.
WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to incorporate additional policies
regarding mineral aggregate resources.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment Number 3 to the Clarington Official Plan being the attached
Explanatory Text and Map is hereby adopted.
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed
to make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment Number 3 to the Clarington Official Plan.
3. This by-law shall come into force and take effect on the date of passing hereof.
BY-LAW read a first time this 27th day of October 1997.
BY-LAW read a second time this 27th day of October 1997.
BY-LAW read a third time and finally passed this 27th day of October 1997.
MAYOR
CLERK
AMENDMENT NO. 3
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to incorporate additional policies
regarding mineral aggregate resources into the Clarington Official Plan.
BASIS: This amendment is based on the approved policies of the 1991 Durham
Regional Official Plan and the Provincial Policy Statement.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1 . In Chapter 4, by adding the following new sections:
"4.2.5 To protect and manage the Municipality's natural
resources, including soil, water, forests, and mineral
aggregates, in a responsible manner.
4.2.6 To provide opportunities for aggregate extraction in
the long term while protecting and, where possible,
enhancing the integrity of the natural heritage system,
the quality and quantity of ground water and surface
water, and the function of sensitive ground water
recharge/discharge areas, aquifers and headwaters."
2. In Section 4.4.3, by adding "13," between "12" and "14".
3. In Chapter 4, by adding the following new section and subsections:
"4.10 Mineral Aggregate Resources
4.10.1 Lands identified by the Province as Potential
Aggregate Resource Areas are shown on Map D.
These areas are identified in this Plan for the purposes
of indicating geological information only. Conditions
which would preclude or constrain the extraction of
aggregate resources are not shown on Map D. The
information presented on Map D is not a land use
designation and does not entitle a landowner to use
lands identified as a Potential Aggregate Resource
Area for extraction purposes, nor does it express the
Municipality's intention to adopt an amendment to this
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Plan to permit aggregate extraction. Any changes to
Map D to reflect updated geological information shall
not require an amendment to this Plan.
4.10.2 Lands identified as Potential Aggregate Resource
Areas shall generally be used for land uses which
would not preclude or unduly hinder mineral
aggregate operations. However, Council may permit
the creation of a new lot, a change in land use or the
construction of buildings or structures requiring
approval under the Planning Act, provided:
• aggregate extraction is not feasible; or
• the proposed land use or development would
serve a greater long term public interest than
aggregate extraction; and
• Council is satisfied that issues of public health,
public safety and environmental impact are
addressed.
4.10.3 Council will investigate various means of ensuring that
the extraction of mineral aggregates occurs in an
orderly and efficient manner that minimizes social,
environmental and financial impacts.
4.10.4 Council, in consultation with the Region of Durham,
the Province, the aggregate industry and the public,
shall consider area-wide rehabilitation plans that
ensure the rehabilitation of pits and quarries is
sensitive to surrounding land uses and landscapes,
and reflects the underlying land use designation on
Map A.
4.10.5 Among other things, plans for the rehabilitation of pits
and quarries on the Oak Ridges Moraine shall provide
for the Oak Ridges Moraine Trail, and the creation of
appropriate landforms and continuous forest cover
where possible.
4. In Chapter 15, by deleting Section 15.3.1 and renumbering the
following sections accordingly.
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5. In Section 24.13, in the definition of "Development", by adding the
words "or the extraction of mineral aggregate;" after the words
"dumping of fill," so that the last bullet reads as follows:
lie Activities such as site-grading, excavation, removal of topsoil
or peat, the placing or dumping of fill, or the extraction of
mineral aggregate; or drainage works, except for the
maintenance of existing municipal and agricultural drains."
6. By amending Map D as indicated by Schedule "A" to this
amendment.
Schedule "A" attached hereto shall form part of this amendment.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall
apply in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan, shall apply
in regard to this amendment.
SCHEDULE "A" TO AMENDMENT No.3 TO THE MUNICIPALITY OF •
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