HomeMy WebLinkAbout2000-173 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-173
being a By-law to adopt Amendment No. 19 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorized the Municipality
of Clarington to pass by-laws for the adoption or repeal of Official Plan Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend the Clarington Official Plan:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Amendment No. 19 to the Clarington official Plan, being the attached Text and Maps, 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 No. 19 of the Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this 16th day of October 2000.
BY-LAW read a second time this 16th day of October 2000.
BY-LAW read a third time and finally passed this day of 2000.
16th. October
MAYOR
CLERK
OFFICIAL PLAN AMENDMENT NO. 19
CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this Amendment is to incorporate new policies related to the
protection of the natural environment into the Clarington Official Plan,
BASIS: As the result of concerns identified by the Aggregate Producers' Association of
Ontario (APAO), a number of the natural environment policies and mineral
aggregate policies in the Clarington Official Plan were either referred or appealed to
the Ontario Municipal Board. Negotiations between the Municipality of Clarington
and the APAO, with representation from the Province, the Region of Durham, the
Conservation Authorities and public interest groups, have produced both new and
modified Official Plan policies that provide improved protection and stewardship of
both the Municipality's natural heritage system and mineral aggregate resources.
The new policies are proposed to be incorporated into the Clarington Official Plan
through Amendment No. 19, while the modified policies are proposed to be
incorporated through Modification No. 173,
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1. By renumbering the following existing sections:
a) Existing Section 4.2.3 as new Section 4.2.7;
b) Existing Section 4.3.1 as new Section 4.3.3;
c) Existing Section 4.3.3 as new Section 4.5.3;
d) Existing Section 4.3.4 as new Section 4.5.6;
e) Existing Section 4.3.5 as new Section 4.3.1;
f) Existing Section 4.3.6 as new Section 4.3.2;
g) Existing Section 4.4.2 as new Section 4.4.15;
h) Existing Section 4.6.1 as new Section 4.4.19;
i) Existing Section 4.6.3 as new Section 4.4.21;
j) Existing Section 4.6.4 as new Section 4.4.22;
k) Existing Section 4.6.5 as new Section 4.4.23;
1) Existing Section 4.7.6 as new Section 4.5.8;
m) Existing Section 4.7.7 as new Section 4.5.7;
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n) Existing Sections 4.8.2 to 4.8.15 inclusive, including the titles "Hazard
Lands", "Regulatory Shoreline Area", "Waste Disposal Assessment Areas",
and "Contaminated Sites", as new Sections 4.6.2 to 4.6.15 inclusive;
o) Existing Section 4.9 as new Section 4.7;
p) Existing Sections 4.9.1 to 4.9.4 inclusive as new Sections 4.7.1 to 4.7.4
inclusive.
q) Existing Section 14.5.1 as new Section 14.5.2;
r) Existing Section 14.7.1 as new Section 14.7.2.
s) Existing Section 14.72 as new Section 14.7.1.
2. In existing Section 14.7.3, by deleting the words "Map C' and replacing them with
the words "Map D ", and by deleting the numbers "4.8.7" and "4.8.8" and
replacing them with the numbers "4.6.7' and "4.6.8" respectively.
3. By deleting existing Sections 4.1.1 and Section 4.1.2 and by adding new Sections
4.1.1 and 4.1.2 as follows:
"4.1.1 To enhance the natural heritage system and its ecological integrity.
4.1.2 To promote responsible stewardship of the natural heritage system and
wise use of natural resources in order to provide long term and
sustainable environmental, economic and social benefits."
4. By adding new Section 4.2.8 as follows:
"4.2.8 To protect and enhance the Ganaraska Forest and the Long Sault Forest
and to provide for an appropriate natural corridor between them."
5. By deleting existing Section 4.3.2 and by adding new Section 4.5.4 as follows:
"4.5.4 Groundwater resources are a vital component of the ecosystem and a
source of drinking water. The Municipality does not support the removal
for commercial sale of groundwater, and the uses associated with this
activity shall not be permitted."
6. By deleting existing Section 4.3.9 and by adding new Section 4.4.7 as follows:
"4.4.7 Development will not be approved where an Environmental Impact Study
completed in accordance with Section 4.4.24 identifies unacceptable
negative impacts on the natural heritage system."
7. By deleting existing Section 4.3.10 and by adding new Section 4.4.5 as follows:
"4.4.5 The Municipality will use all efforts to require the restoration of any
significant natural heritage feature identified on Map C which has been
damaged or removed. The removal of a natural heritage feature, in
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particular woodlands, shall not be considered as the basis for approving
any development application."
8. By adding new Sections 4.4.2 and 4.4.3 as follows:
"4.4.2 The most significant natural heritage features form the core components
of the natural heritage system. These are:
• all evaluated wetlands
• all Areas of Natural and Scientific Interest (ANSI), except for the
Bowmanville Quarry
• all significant woodlands
• all significant valleylands
• the Ganaraska Forest and the Long Sault Forest
• all fisheries habitat, including permanent streams
• habitat for threatened and endangered species
• rare vegetation communities
• significant wildlife habitat
• groundwater discharge areas.
4.4.3 Other natural heritage features provide support to the core components
and are important to maintaining the health and biodiversity of the natural
heritage system. These include:
• unevaluated wetlands
• intermittent streams
• uncommon vegetation communities
• small woodlots and hedgerows
• transitional woodlands
• groundwater recharge areas.
These natural heritage features are not shown on Map C.
9. By adding new Section 4.4.8 as follows:
"4.4.8 The following areas in the Municipality are particularly important to the
natural heritage system of the Municipality:
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• the Oak Ridges Moraine
• the Lake Iroquois Beach
• the Lake Ontario Waterfront."
10. By deleting existing Section title "4.4 Oak Ridges Moraine" and by adding anew
title "Oak Ridges Moraine" after new Section 4.4.8.
11. By adding new Sections 4.4.11, 4.4.12, 4.4.13 and 4.4.14 as follows:
"4.4.11 The Ganaraska Forest and the Long Sault Forest, both of which are
located on the Oak Ridges Moraine, are identified on Map C. This Plan
also recognizes that the Forests extend beyond the Municipality's
boundaries. The Forests are significant because of their size, the
diversity of wildlife habitat they provide including large areas of interior
forest habitat, and their important watershed functions of groundwater
recharge and discharge and erosion control. It is Council's policy that
the Ganaraska and Long Sault Forests are to be protected and managed
through appropriate public acquisition and public and private land
stewardship initiatives in accordance with Section 4.3.3 to enhance their
natural heritage value. Council will investigate applying the
Municipality's tree preservation by-law to the two Forests.
4.4.12 The Oak Ridges Moraine Natural Corridor as identified on Map C
connects the Ganaraska Forest and Long Sault Forest. The Corridor
includes many heritage features which provide habitat for wildlife. The
protection and enhancement of wildlife habitat within the Corridor will
provide animals and plants with the opportunity to move between the two
Forests and throughout the natural heritage system, and will help ensure
that the natural heritage objectives of this Plan are implemented.
4.4.13 The Oak Ridges Moraine Natural Corridor is intended to function as a
major corridor within the Municipality's natural heritage system. Owners
of land within the Corridor are encouraged to practice responsible land
stewardship in order to enhance the amount and quality of wildlife habitat
in the Corridor, including the preparation and approval of Managed Forest
Plans. Council will investigate applying the Municipality's tree
preservation by-law to the Oak Ridges Moraine Natural Corridor.
Applications for Official Plan Amendment or Rezoning for new land uses
within the Corridor shall be accompanied by a study as required by
Section 4.4.29 of this Plan to demonstrate that the new development does
not negatively impact the important ecological functions of the Corridor
as intended by this Plan.
4.4.14 The provincial government is encouraged to investigate and implement
measures to facilitate the movement of wildlife across Highways 35/115
and the future Highway 407 where these highways cross the Oak Ridges
Moraine Natural Corridor.
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12. By deleting existing Section title "4.5 Lake Iroquois Beach" and by adding a new
title "Lake Iroquois Beach" after new Section 4.4.16.
13. By adding new Section 4.4.18 as follows:
"4.4.18 Except for aggregate extraction, Council shall endeavour to maintain the
form, character and variety of landscapes within the Lake Iroquois Beach
by encouraging only minimal modification to the natural contours of the
land and the retention of natural landscape features, including woodlands
and wetlands. In the case of an Aggregate Extraction Area, the extraction
and rehabilitation plans for the pit shall seek to create compatible
landforms and provide continuous forest cover where reasonably
practicable."
14. By deleting Sections 4.5.2 and 4.5.3 and by adding new Section 4.4.27 as follows:
"44.27 Any subdivision proposal located on the Lake Iroquois Beach shall be
accompanied by an Environmental Impact Study as required by Section
4.4.24. As a condition of draft approval, plans of subdivision located
within the Lake Iroquois Beach shall contain provisions to implement the
recommendations of any Environmental Impact Study, watershed study or
subwatershed study to maintain or enhance groundwater functions,
including but not limited to, special house and infrastructure design
requirements, storm water management or construction techniques."
15. By adding new Section 4.4.29 as follows:
"4.4.29 A study shall be undertaken for any Official Plan Amendment or rezoning
application located on the Oak Ridges Moraine Natural Corridor as
identified on Map C. The Municipality shall select and retain qualified
professional expertise to prepare the study, with the expense of the study
being borne by the proponent. The Study shall address how the lands
subject of the development application function as part of the Corridor
and how the proposed new development will not negatively impact the
important ecological functions of the corridor. Such study shall:
a) provide an inventory of vegetation and wildlife habitat on and
within the vicinity of the proposed development site;
b) provide a comprehensive survey of wildlife use of the proposed
development site and adjacent lands;
c) identify the anticipated impacts from the proposed development and
its associated activities, including noise, dust and vegetation
removal, on the natural heritage features within the Corridor and the
function of the Corridor;
d) identify lands where forest cover should be preserved or enhanced;
and
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e) demonstrate that the proposed development will not negatively
impact the important ecological functions of the Corridor; and
D identify appropriate measures to mitigate the identified impacts of
the proposed development on the natural heritage features on and
adjacent to the proposed development site, and on the function of
the Corridor as set out in Section 4.4.13.
The study shall ensure that if development interferes with the functions of
the Corridor or removes a portion of the Corridor , that opportunities for
movement within the Corridor and around the development remain."
16. By adding a new title "Studies" before new Section 4.4.24.
17. By deleting existing Section title "4.6 Lake Ontario Waterfront" and by adding a
new title "Lake Ontario Waterfront" after new Section 4.4.18.
18. By deleting existing Section 4.6.2 and by adding new Section 4.4.20 as follows:
"4.4.20 The Municipality will establish a continuous Waterfront Trail for such
purposes as walking and cycling along the Lake Ontario Waterfront.
The Waterfront Trail shall connect, wherever reasonably practicable,
to other trails, corridors and natural areas within the Municipality and
adjacent municipalities.
19. By deleting the Section title "4.7 Natural Features", and by adding new Section
title "4.4 Natural Heritage System".
20. By adding a new Section title "4.5 "Natural Resources".
21. By adding new Section 4.5.1 as follows:
"4.5.1 The Municipality will encourage the wise use and management of natural
resources."
22. By adding a new title "Soil" after new Section 4.5.1.
23. By adding new Section 4.5.2 as follows:
"4.5.2 Soils with a Class 1-3 rating under the Canada Land Inventory of Soil
Capability for Agriculture shall generally be preserved and protected for
agriculture. Land uses that are not compatible with agriculture shall be
discouraged from locating on or adjacent to lands with Class 1-3 soils."
24. By adding a new title "Water " after new Section 4.5.3.
25. By adding new Section 4.5.5 as follows:
"4.5.5 The maintenance of an abundant supply of clean water is essential to the
health of ecosystems and the quality of life of residents. The
Municipality will co-operate with other levels of government and private
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and public agencies to promote the conservation and wise use of surface
water and groundwater resources."
26. By adding a new title "Woodlands" after new Section 4.5.6.
27. By deleting Section title "4.8 Land Characteristics", and by adding new Section
title "4.6 "Hazardous Conditions".
28. By deleting existing Section 4.8.1 and by adding new Section 4.6.1 as follows:
"4.6.1 Hazard Lands, the Regulatory Shoreline Area, and Waste Disposal
Assessment Areas, as identified on Map D, and Contaminated Sites, are
lands which possess characteristics which could pose a threat to public
health and safety or property. Additional information regarding hazardous
conditions may become available through the detailed evaluation of
development applications or further study. Map D may be revised to
reflect such additional information without the need for an amendment to
this Plan."
29. In existing Section 11.6.6, by adding the words "or aggregate transfer station" after
the word "plant".
30. In existing Section 14.1.1, by deleting the words "the Oak Ridges Moraine, Green
Space and the Waterfront Greenway".
31. In existing Section 14.2.1, by deleting the words "To protect the most significant
features of the Municipality's natural environment" with the words "To protect
significant natural heritage features".
32. In existing Section 14.3.1, by adding the word "Greenway" after the words "Oak
Ridges Moraine".
33. In existing Section 14.4.3, by adding the word "heritage" after the word "natural" in
the third sentence.
34. By adding new Section 14.5.1 as follows:
14.5.1 Green Space lands as designated on Map A are intended to link other
significant components of the Municipality's Open Space System,
including the Oak Ridges Moraine Greenway, the Lake Ontario
Greenway and stream valleys. Green Space lands are also intended to
function as urban separators. A significant portion of the Lake Iroquois
Beach is designated Green Space."
35. In existing Section 14.6, by adding the word "Greenway" after the word
"Moraine".
36. By adding new Section 14.6.1 as follows:
14.6.1 The Oak Ridges Moraine Greenway, as designated on Map A, is
recognized as one of the most significant landforms in the Municipality
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and southern Ontario. Except as otherwise provided in this Plan, Council
shall restrict the land uses permitted on the Oak Ridges Moraine
Greenway to those which maintain or enhance the landscape character
and the essential ecological functions."
37. By adding new section 14.6.3 as follows:
"14.6.3 In addition to the other policies of the Plan, the Oak Ridges Moraine
Greenway is subject to the policies set out in Sections 4.4.9 through to
4.4.16 and Section 4.4.28 of this Plan."
38. By adding new section 19.4.4 as follows:
19.4.4 The corridor for the future Highway 407 is designated on Map A as
Green Space. The highway shall serve as a gateway to the
municipality. In this regard, a high quality visual environment shall
be maintained for users of the highway This shall be achieved through
the protection of prominent landscape features and the provision of
treed and landscaped buffer strips along each side of the highway and
within interchanges. In addition, significant vistas and view corridors
visible from the highway, in particular where it crosses the Oak Ridges
Moraine, shall be protected."
39. In existing Section 24.6, by deleting the words "C and D" and replacing them with
the words "C, D and G", and by adding the following sentence at the end of the
section:
"Minor deviations to the boundaries of the identified features may be permitted
without amendment provided such deviations do not alter the intent of this Plan."
40. In existing Section 24.13, by deleting the definition of"Ecosystem" and replacing
it with following new definition:
"Ecosystem
A system in which living organisms, including humans, interact with each other
and their non-living physical environment in a series of complex and inter-related
relationships. Ecosystems exist at different scales, including site, local, regional,
provincial, national and global scales."
41. In Section 24.13 in the definition of "Recreation - Passive", by adding the words
"the minimal removal of trees" after the words "land surface".
42. In Section 24.13, by adding the following new definition:
"Fish Habitat
The spawning grounds and nursery, rearing and food supply, and migration areas
on which fish depend directly or indirectly in order to carry out their life
processes."
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43. In Section 24.13, by deleting the existing definition of"Natural Heritage System",
and by adding the following new definition:
"Natural Heritage System
A connected group of natural areas, and the native flora, fauna, and related
geological features and landforms that contribute to the health and biodiversity of
the natural environment.
The natural heritage system includes natural core areas, natural corridors, and
linkages including naturalized road or rail allowances that connect natural core and
corridor areas."
44. On Map Al (Darlington) and Map Al (Clarke), in the legend, by adding the word
"Greenway" after the words "Oak Ridges Moraine".
45. By amending Map Al (Clarke) as indicated by Schedule "A" to this Amendment.
46. By deleting existing Maps CI to C4 and replacing them with new Maps C1 to C4,
entitled "Natural Heritage System", and new Map D entitled "Natural Hazards and
Land Characteristics", as indicated by Schedules 'B" through to "F" to 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.
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SCHEDULE " A "
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLALINGTON OFFICIAL PLAN,
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